Gender sensitivity in credibility assessments of asylum applications based on sexual and gender-based violence

Gender sensitivity in credibility assessments of asylum applications based on sexual and gender-based violence

“… [T]he applicant is now [28] years old[,]… received a progressive education and clearly expressed her opposition to [female genital mutilation (FGM)]. … [she] cannot be considered a particularly vulnerable young woman … [running] a real risk of being re-excised if returned to Guinea.” With these words, the European Court of Human Rights judged a Guinean asylum seeker’s fear of sexual or gender-based persecution as not credible. The key reason for refusal of asylum applications based on sexual and gender-based violence (SGBV) is their non-credibility. These credibility assessments are often based on stereotypical, superficial, erroneous, or inappropriate perceptions of gender. In the criminal justice system, such perceptions have been conceptualised as ‘rape myths’: prejudicial, stereotyped or false beliefs about rape. The hypothesis that this phenomenon occurs across different social and institutional contexts raises the question: ‘Which insights can be drawn from applying the rape mythology concept to the context of credibility assessments of SGBV-related asylum applications?’ (going beyond only ‘rape’ as a type of SGBV). In order to formulate an answer, this research adopts a mixed method approach, basing its data collection on 3 complementary resources: the existing literature (through a literature analysis), the asylum authorities (through a case law study, a self-reporting KAP survey and interviews) and the asylum seekers themselves (through interviews). This triangulation of input will not only innovatively expand the understanding of the asylum procedure and its challenges. It will also contribute to the further theorization of rape mythology and of new myths applying to new asylum-specific types of SGBV.

 

Source illustration: https://cartoonmovement.com/cartoon/stop-1

Funding agencies

Fonds Wetenschappelijk Onderzoek (FWO) – Fundamental Research fellow

Team

- Lore Roels - Supervisor: Prof. Dr. Ellen Desmet - Co-supervisor: Prof. Dr. Ines Keygnaert

Coordinator

UGent

Partners

Migration Law Research Group (Faculty of Law & Criminology) (https://www.ugent.be/re/epir/en/researchgroups/public-law/department/migration-law)

Period

November 01, 2021 - October 31, 2025

Project status

Project ongoing

Team members

Ms. Ines Keygnaert
Ms. Lore Roels

Countries

Belgium

Themes

Interpersonal violence
Gender
Migrant health