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Gender-related claims for asylum

Recommendation 1940 (2010)1

1.
Referring to its
Resolution 1765 (2010) on gender-related claims for
asylum, the Parliamentary Assembly draws attention to the
situation in Council of Europe member states of women and
girls who may have faced different forms of gender-based
violence or gender-related persecution, such as female genital
mutilation, trafficking in human beings, so called “honour
crimes” or sexual violence as a means of warfare.

2.        The
Committee of Ministers is invited to take note of the
Assembly’s recommendations to member states set out in the
above-mentioned resolution and to encourage member states to
comply with it.

3.        The
Assembly considers that much greater efforts should be made to
examine the extent to which member states take due account of
gender-based violence and gender-related persecution in their
asylum systems, beginning with the collection, analysis and
publication of statistics and information on the issue. The
Assembly therefore invites the Committee of Ministers to:

3.1.
instruct the appropriate inter-governmental body in the
Council of Europe to carry out a study on:

3.1.1.
the legal and procedural approach of member states to
gender-based violence and gender-related persecution in
the asylum process;

3.1.2.
the way in which member states cater for the particular needs
of victims of gender-based violence and gender-related
persecution in the asylum process, for example by providing
same-sex interviewers and interpreters who are trained to be
gender-sensitive;

3.1.3.
the comparative recognition rates for refugee status and
grants of complementary forms of international protection on
gender-related claims;

3.1.4.
the social situation and legal status of asylum seekers who
claim to be victims of gender-based violence and
gender-related persecution before, during and after the asylum
procedure;

3.2.
instruct the Ad hoc Committee on Preventing and Combating
Violence against Women and Domestic Violence (CAHVIO) to
ensure that gender-based violence (including domestic
violence) and gender-related persecution are adequately
taken into account in the future Council of Europe
convention on preventing and combating violence against
women and domestic violence;

3.3.
initiate a set of guidelines, based on the above-mentioned
study, to ensure that gender-based violence and
gender-related persecution is adequately taken into account
in national asylum processes and in the asylum curriculum of
member states;

3.4
develop gender-sensitive training programmes and tools for
those involved in asylum procedures, notably in the areas of
interview techniques, finding and using country of origin
information, developments in international human rights and
refugee law, and drafting of decisions.

1 Assembly debate on 8 October
2010 (36th Sitting) (see Doc.
12350, report of the Committee on Migration, Refugees and
Population, rapporteur: Mr Zernovski, and Doc.
12359, opinion of the Committee on Equal Opportunities for
Women and Men, rapporteur: Mrs Hägg). Text adopted by the
Assembly on 8 October 2010 (36th Sitting).

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