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Women in the Context of International Refugee Law
Reznáková, Petra ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
Women in the Context of International Refugee Law Abstract The refugee definition enshrined in Article 1(A)(2) of the Convention Relating to the Status of Refugees does not mention gender or sex as a potentially relevant factor when establishing the refugee status. However, with the human rights evolution at the end of the 20th century, it became imperative that the definition is interpreted in a way which will provide protection to women facing either gender-specific persecution (persecution in specific forms only applicable to women for the reason of their sex), or gender-related persecution (persecution for the reason of being a woman). The thesis explores the interpretation of the notion of gender-specific persecution and discusses several examples of this form of persecution: forced marriage, female genital mutilation and sexual violence. Then it considers the Convention grounds for persecution (i.e. particular social group, political opinion, religion, race and nationality) and a variety of possible arguments for a gender- sensitive interpretation of these grounds for the purpose of encompassing cases of women facing persecution because of their opposition, whether explicit or tacit, to patriarchal traditional societies based on inequality between sexes manifesting for example in resistance to female...
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The Status of Child Soldiers in International Refugee Law
Homolová, Veronika ; Honusková, Věra (advisor) ; Faix, Martin (referee)
in English - The Status of Child Soldiers in International Refugee Law The main aim of this thesis is to investigate to what extent the international refugee law protects children who flee from armed forces recruitment. The chosen problem was solved using the question whether it is possible to grant a refugee status according to the 1951 Refugee Convention, or a status complementing the refugee status according to regional regulatory instruments, to a child who flees from armed forces recruitment. The conception of the refugee status was divided into constituent elements and it was considered whether children who flee from recruitment into armed forces and former child soldiers comply with attributes of these elements. The first examined element is the inclusion clause. In this part, the thesis examined the following questions: Is recruitment of children into armed forces and their use in hostilities a form of persecution? Can such children be considered a particular social group? Can rejection of participation in armed forces by such children be considered holding a political opinion? Is there a causal link between persecution and membership to a particular social group or between persecution and holding a political opinion in the context of children who flee from recruitment into armed forces?...
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The Status of Child Soldiers in International Refugee Law
Homolová, Veronika ; Honusková, Věra (advisor) ; Faix, Martin (referee)
in English - The Status of Child Soldiers in International Refugee Law The main aim of this thesis is to investigate to what extent the international refugee law protects children who flee from armed forces recruitment. The chosen problem was solved using the question whether it is possible to grant a refugee status according to the 1951 Refugee Convention, or a status complementing the refugee status according to regional regulatory instruments, to a child who flees from armed forces recruitment. The conception of the refugee status was divided into constituent elements and it was considered whether children who flee from recruitment into armed forces and former child soldiers comply with attributes of these elements. The first examined element is the inclusion clause. In this part, the thesis examined the following questions: Is recruitment of children into armed forces and their use in hostilities a form of persecution? Can such children be considered a particular social group? Can rejection of participation in armed forces by such children be considered holding a political opinion? Is there a causal link between persecution and membership to a particular social group or between persecution and holding a political opinion in the context of children who flee from recruitment into armed forces?...
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