Claims to Refugee Status based on Domestic Violence

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Claims to Refugee Status based on Domestic Violence

Exploring the Frontiers of International Refugee Law with the Guidance of International Human Rights Law

L
Luísa Helena Lemos da Cruz

This book offers a rigorous legal analysis of domestic violence as a legitimate basis for refugee status determination under International Refugee Law. Challenging long‑standing assumptions that confine domestic violence to the private sphere, the study reframes such violence as a serious violation of international human rights, capable of constituting persecution when States fail to provide effective protection. Drawing on an extensive examination of international treaties, jurisprudence from domestic and international courts, and the normative developments of women's rights, the book explores the evolving convergence between International Refugee Law and International Human Rights Law. It demonstrates how a gender‑sensitive interpretation of the 1951 Refugee Convention has been essential to uncovering forms of persecution historically overlooked due to male‑centred legal paradigms. By situating domestic violence within the human rights framework—including its recognition as conduct that may amount to torture, degrading treatment, or a threat to life—the book argues that women fleeing such violence may present a prima facie claim for international protection.

Publication

2026

Pages

124

Format

Paperback

Publisher

Editora Dialética

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