Arnett, ‘One step forward, two steps back: Women asylum-seekers in the United States and Canada stand to lose human rights under the Safe Third Country Agreement’, 2005

Arnett, Amy K. “One step forward, two steps back: Women asylum-seekers in the United States and Canada stand to lose human rights under the Safe Third Country Agreement.” Lewis & Clark L. Rev. 9 (2005): 951.

Abstract

The United States and Canada share similar asylum adjudication processes rooted in international treaties. As contracting parties, each country should adhere to international legal standards in a united effort to protect bona fide refugees seeking asylum. This Comment explores the American approach to gender-based asylum claims, comparing it to Canada’s, particularly when the claimant has been the victim of domestic violence. Because Canada conforms more closely to international criteria, it arguably provides more extensive relief to gender-based asylum claimants. To examine the extent of the differences between these two nations’ approaches, this Comment will address a new treaty between the two countries—called the Safe Third Country Agreement— because enforcement of this agreement could create new struggles for gender-based asylum-seekers in the United States. Finally, this Comment will urge the United States to take action in conformity with its duty to uphold international human rights standards for women.