Gender Disparities in the German Asylum System: A Study of the Law and the Literature

Open Access
- Author:
- Dunkelberger, Falynn
- Area of Honors:
- Women's Studies
- Degree:
- Bachelor of Arts
- Document Type:
- Thesis
- Thesis Supervisors:
- Kathleen J D Sexsmith, Thesis Supervisor
Jennifer Ann Wagner Lawlor, Thesis Honors Advisor - Keywords:
- international protection
Germany
feminism - Abstract:
- Fleeing persecution and seeking international protection is a difficult path filled with many opportunities for retraumatization and violence, especially for those who are already marginalized due to their gender identity. Since the early 2010’s, the European Union has seen millions come to their member states and their asylum system was tested considerably. Germany arose as a forerunner in welcoming these displaced people, but there is evidence that one’s gender has a distinct effect on one’s experience in the German asylum system. Currently, few scholars utilize the German asylum system’s policies to identify the origin of gendered inequities. The presumption from that work is that the law has been written to treat all applicants equally. This paper challenges that and instead argues that the body of policy governing the German asylum system inadequately supports the asylum processes of those who don’t identify as cisgender men, which consequently creates a situation that is ripe to produce gender based inequities. A thematic policy analysis comparing the German asylum policies with a set of criteria that would produce a more equitable asylum process for individuals of diverse gender identities was completed. The failings of the German asylum system were then noted and organized into three categories: a failure of assessing asylum candidacy, a specificity failure in provision of resources, and a failure to utilize appropriate gendered language. If better policy mandates are developed and they account for these gender deficits, cisgender women and transgender refugees can be more equally supported while looking for protection internationally.