Unlocking CEDAW's Transformative Potential: Asylum Cases Before the Committee on the Elimination of Discrimination Against Women

成果类型:
Article
署名作者:
Gleeson, Madeline
署名单位:
University of New South Wales Sydney
刊物名称:
AMERICAN JOURNAL OF INTERNATIONAL LAW
ISSN/ISSBN:
0002-9300
DOI:
10.1017/ajil.2023.55
发表日期:
2024
页码:
41-97
关键词:
摘要:
One of the most important developments in international law for the protection of displaced women and girls-the implied non-refoulement obligation in the Convention on the Elimination of Discrimination Against Women has received little scholarly or jurisprudential attention. This Article presents, for the first time, a doctrinal analysis of the full corpus of asylum complaints decided by the Committee on the Elimination of Discrimination Against Women (Committee). It analyzes the early development of a prohibition on return to real, personal, and foreseeable risks of serious forms of discrimination against women; highlights critical shortcomings in the Committee's asylum practice; identifies key areas for improvement; and reflects on the Committee's as-yet-unrealized potential to contribute to international law in this area.
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