Refugee Women in Europe: Some Aspects of the Legal and Policy Dimensions

This article presents an overview of the legal and policy issues affecting refugee and asylum‐seeking women in European host societies. First, it explores the unique types of persecution experienced by women and shows that the asylum determination process, along with the status of women relative to men, mitigates against the effective protection of women. The legal basis for asylum, the evidential requirements and the procedural norms all reduce the protection which is likely to be conferred upon asylum‐seeking women. Second, the article provides an overview of responses to female refugees and asylum‐seekers in European countries of asylum. Although there are differences between countries, there is also a large degree of uniformity. For example, there is a lack of recognition and understanding of the diversity and the range of experiences which refugees bring with them, including different social and cultural norms. Moreover, European policies do not provide special provisions to facilitate the settlement of refugee women and instead place barriers to their social and economic participation. Third, the article examines policies for family reunion in different countries and shows that such unfavourable and unsympathetic policies mitigate against the settlement of refugee women. Finally, the article argues that if refugee and asylum‐seeking women are to have their cases recognized and to be successfully settled, then there needs to be a complete rethink of legislation and policy in Europe.