Immigration Article of the Day: Towards Alternate Approaches for Assessing Domestic Violence Asylum Claims by Alvin Santos
Towards Alternate Approaches for Assessing Domestic Violence Asylum Claims by Alvin Santos South Texas College of Law December 17, 2014
Abstract: This paper is divided into three main sections. The first section will briefly describe the elements for establishing an asylum claim. The second section will then layout the difficulties of recognizing domestic violence asylum claims and highlight current proposals in the academic literature for addressing the problem of inconsistencies in the application of the law, and offer a critique of those proposals. The final section will put forward two ideas of alternate approaches for assessing domestic violence asylum claims. One is to regard domestic violence as the same as involuntary sterilization and the other, is to see domestic violence as persecution as a matter of binding customary international law.
KJ