Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

60 | PRACTITIONERS GUIDE No. 6gender or sex-specific persecution as a result of the actionsof non-State actors and the failure of a State to effectivelyprohibit and prevent such conduct. Examples include harmfulpractices against women and girls, sexual violence; domesticviolence; honour crimes; workplace violence and harassmentand deprivation of liberty.Sex-specific or gender-based persecution is not an explicitground for refugee status under the Geneva RefugeeConvention. However it is clear that persecution of a womanrelated to her sex or gender may, if the other criteria aremet, entitle her to refugee status under the Convention. TheUNCHR Guidelines on Gender-Related Persecution explore thismatter in depth and set out the ways in which treatment orcircumstances faced by women or which has gender-specificconsequences will constitute persecution for the purposes ofthe Convention. 79 As noted above, where a woman faces persecutionas a result of her sex or gender, she will constitutea member of a particular social group (i.e. women) for thepurposes of the Convention. The size of the group or a lack ofcohesion are irrelevant. Moreover, the risk of the persecutionin question does not need to exist for all members.In gender related claims, the persecution feared could be forone or more of the Convention grounds. For example, persecutionon the basis of religion would arise where a womanrisks certain consequences as a result of her failure to adhereto religious views which ascribe particular roles to men andwomen, or entrench gender stereotypes. 80Where conduct of a non-State actor is the source of the persecutionconcerned, any assessment of the ability or willingnessof a State to offer effective protection and/or of the personconcerned to receive the protection must take sex or gender79 Guidelines on International Protection: Gender-Related Persecution with the context ofArticle 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees,UNHCR, UN Doc, HCR/GIP/02/01, 7 May 2002 (UNHCR Guidelines on Gender-RelatedPersecution). The box is a short summary of the UNHCR Guidelines. See also, ConclusionNo. 73 (XLIV) Refugee Protection and Sexual Violence, Executive Committee, UNHCR,44 th Session, 1993, para. (d); Conclusion No. 77 (XLVI) General, Executive Committee,UNHCR, 46 th Session, 1995, para. (g); Conclusion No. 79 (XLVII) General, Executive Committee,UNHCR, 47 th Session, 1996, para. (o); Conclusion No. 105 (LVII) Women and Girls atRisk, ExCom, UNHCR, 57 th Session, 2006, para. (n)(iv); Conclusion No. 39 (XXXVI) RefugeeWomen and International Protection, ExCom, UNHCR, 36 th Session, 1985. See also, RecommendationRec(2002)5of the Committee of Ministers to Member Stateson the protectionof women against violence, adopted by the Committee of Ministers of the Council of Europe(CMCE) on 30 April 2002at the 794 th meeting of the Ministers’ Deputies, Appendix, Article 72.80 Ibid., paras. 23–26.