A possibilidade da concessão de refúgio a mulheres vítimas de perseguição por motivo de gênero como forma de assegurar seus direitos humanos fundamentais

Abstract

The asylum regime aims to ensure substitute protection for individuals forced to leave their countries of nationality due to serious violations of fundamental human rights, for reasons of race, religion, nationality, membership of a social group or political opinion. Faced with the need to emphasize women in such a debate, the dissertation investigates what are the obstacles and possibilities for women victims of gender-based persecution to obtain asylum, based on the definition of “refugee” in the Convention relating to the Status of Refugees of 1951. It examines the rights involved in the cross-border movements of individuals and the role of the international refugee regime in this context, as well as the normative elements of the determination of the status of refugee. It analyzes the international refugee regime based on David Sánchez Rubio's studies of critical theory of human rights, supported by decolonial thinking, and by the concept of “society of enmity” by Achille Mbembe. It explores the phenomenon of gender-based persecution and the possibilities of interpreting the 1951 Convention for determining the refugee status of women victims of this form of violation of rights, in dialogue with real cases. Considering the normative limits and the structural difficulties encountered by women in the refugee process, it investigates the possibility of including the category of “persecution on grounds of gender” in the 1951 Convention and/or in the domestic laws of the countries. It concludes that there is a need to redefine the concept of refugee in order to encompass the specific needs of women, both in law and in practice, through change in cultural attitudes in society. The research, of qualitative matrix, was carried out from the dialectic method, using bibliographical sources