MECHANISMS FOR PROTECTION THE RIGHTS OF WOMEN REFUGEE UNDER INTERNATIONAL LAW

Abstract

This research article aims to study the mechanisms for protecting the rights of women refugees under international law. The study employs a qualitative research methodology, utilizing documentary analysis. Data sources include key international instruments as follows: the 1951 Convention relating to the Status of Refugees, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), relevant United Nations High Commissioner for Refugees guidelines, and academic literature. The research finds that the 1951 Convention does not directly address gender dimensions, protection mechanisms for refugee women have been systematically developed through the progressive interpretation and integration of human rights principles. Three core mechanisms were identified as follows: 1) mechanism for the elimination of discrimination against women, it rooted in CEDAW and this focuses on achieving de facto equality in access to resources, reproductive health, and education. 2) mechanism for preventing and responding to gender-based violence (GBV), women’s heightened risk of sexual violence and trafficking, this mechanism mandates the provision of safe shelters and trauma-informed support processes. 3) mechanism for recognizing gender-based persecution, it serves as the legal gateway for asylum by progressively interpreting "Particular Social Group" to encompass women facing domestic violence, forced marriage, or persecution against LGBTQ+ individuals. These mechanisms collectively form a gender-sensitive protection framework that requires serious and consistent implementation at the State level.