An End to the Violence: Justifying Gender as a "Particular Social Group"

Abstract

This Comment focuses on gender-based violence, particularly with respect to the act of rape, which is known world-wide as a crime against women. This Comment will discuss the historical, domestic, and international justifications for defining women as a "particular social group" for the purpose of granting asylum in the United States.

Part II covers the historical treatment and protection of women, with separate emphasis on the history of rape in Part II A, and international legal protection against gender-based crimes in Part II B. Part III covers the qualifications for asylum under the U.S. Immigration and Naturalization Act, emphasizing the requirements of what constitutes a "particular social group" in part (III)(A). Part III also highlights the treatment of rape under asylum law in Part III B. Part IV illustrates the arguments justifying the classification of gender as a "particular social group." Part V discusses in brief the plausibility of an alternative means for providing protection to women who have suffered persecution through gender-based violence. Part VI discusses the potential impact of classifying gender as a "particular social group," and Part VII concludes the Comment.