Soft Law

  1. UNHCR, ‘Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees’, HCR/IP/4/Rev.1, 1979, paras. 51–60, 65.

UNHCR Documents

  1. UNHCR, ‘Position on Claims for Refugee Status Based on Fear of Persecution Due to Individual’s Membership of a Family or Clan Engaged in a Blood Feud’, 17 March 2006.

Cases

  1. Mirisawo v. Holder, 599 F. 3d 391 (4th Ciruit 2010) (economic measures that deliberately deprive individuals of basic necessities or deliberately impose severe economic disadvantage constitute persecution).
  2. S. V. Chief Executive, Department of Labour, [2007] NZCA 182, Decision of 8 May 2007, New Zealand Court of Appeal (persecution includes loss of life, liberty and disregard of human dignity, such as denial of access to employment, to the professions, and to education, or the imposition of restrictions on traditional freedoms).
  3. Independent Federal Asylum Senate, (IFAS/UBAS) [Austria], Decision of 21 March 2002, IFAS 220.268/0-X1/33/00 (Austrian administrative appellate decision concluding that female genital mutilation constitutes persecution).

Readings

Core

  1. G. Goodwin-Gill and J. McAdam, The Refugee in International Law, 3rd edition, (Oxford: Oxford University Press, 2007), pp. 90–94. [G. Goodwin-Gill, The Refugee in International Law (Oxford: Oxford University Press, 1996), pp. 66–70.]
  2. J. Hathaway and M. Foster, The Law of Refugee Status, 2nd edition, (Cambridge: Cambridge University Press, 2014), pp. 182-208. [J. Hathaway, The Law of Refugee Status (Toronto: Butterworths, 1991), pp. 99-124.]

Extended

  1. A. Zimmerman, C. Mahler, Article 1A, Paragraph 2’, in A. Zimmerman (ed.), The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol: A Commentary (Oxford: Oxford University Press, 2011), pp. 345–358.

Editor’s Note

See Section VI.2.2.1 for related cases concerning threats that constitute persecution.

 II.2.1.3.1 Acts of PersecutionII.2.1.3.1 Acts of Persecution