Citation:
Oswin, Natalie. 2001. “Rights Spaces: An Exploration of Feminist Approaches to Refugee Law.” International Feminist Journal of Politics 3 (3): 347–64.
Author: Natalie Oswin
Abstract:
The exigent needs of refugee women necessitate feminist attempts to use legal mechanisms, however imperfect, to their benefit. However, the temptation to overestimate the importance of feminist gains in this realm must be avoided due to current constraints within the international refugee regime. Most forcibly displaced persons never reach the borders of western countries to claim asylum. Moreover, western 'refugee-receiving' countries are effectively closing their borders to migration claimed on strictly humanitarian grounds. Therefore, while feminists have successfully claimed a place for refugee women within protective rights mechanisms, they have been granted only a small portion of what is already extremely finite territory. Given this troubling state of affairs, I suggest that although proven avenues within refugee law must not be abandoned, the time is right for the sustained exploration of new and creative modes of engagement within refugee rights discourse. In this vein, the second half of the paper draws extensively upon the work of feminist legal theorist Jennifer Nedelsky to suggestively consider some possible alternatives for feminist theory and praxis.
Keywords: refugees, gender, feminist legal theory
Topics: Displacement & Migration, Refugees, Feminisms, Gender, International Law
Year: 2001
© 2023 CONSORTIUM ON GENDER, SECURITY & HUMAN RIGHTSLEGAL STATEMENT All photographs used on this site, and any materials posted on it, are the property of their respective owners, and are used by permission. Photographs: The images used on the site may not be downloaded, used, or reproduced in any way without the permission of the owner of the image. Materials: Visitors to the site are welcome to peruse the materials posted for their own research or for educational purposes. These materials, whether the property of the Consortium or of another, may only be reproduced with the permission of the owner of the material. This website contains copyrighted materials. The Consortium believes that any use of copyrighted material on this site is both permissive and in accordance with the Fair Use doctrine of 17 U.S.C. § 107. If, however, you believe that your intellectual property rights have been violated, please contact the Consortium at info@genderandsecurity.org.