05 April 2012

New Paper on "Particular Social Group"

The latest title in UNHCR's Legal and Protection Policy Research Series has been published: The 'Ground with the Least Clarity': A Comparative Study of Jurisprudential Developments relating to 'Membership of a Particular Social Group'. Here's a description of the paper's purpose:

The purpose of the present study is to assess jurisprudential developments in the case law in both common law and civil law jurisdictions over the past decade. In particular the study assesses and explores the degree to which courts have continued to invoke one or both of the dominant interpretative approaches [i.e., 'protected characteristics' and 'social perception'], evaluates the extent to which new tests or elements of the tests have emerged, and undertakes a critical analysis of the state of jurisprudential interpretation of PSG today. In addition, the study examines the extent to which interpretation of the MPSG ground has evolved to meet the protection needs of emerging groups and those historically overlooked in refugee law analysis. In addition to relevant legislative developments, the study has drawn on jurisprudence at all levels (from tribunals through to superior courts) in the key common law jurisdictions of Australia, Canada, New Zealand, the UK and the US, and Ireland and South Africa where possible,13 as well as case law at both the judicial and tribunal level in the key civil law jurisdictions of Austria, Belgium, France, Germany, Switzerland, and Spain.

Other papers in this series are available here. Additional analyses of "particular social group" that have been posted on this blog can be found by browsing the relevant subject label.

Tagged Publications.

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