When women are persecuted on account of their gender, they are likely

Question

When women are persecuted on account of their
gender, they are likely to be eligible for asylum.
Persecution is the linchpin of the definition of a refugee
set out in the  United Nations Convention Relating to 
 (5)   the Status of Refugees.  In this document, a refugee is
defined as any person facing persecution “for reasons
of race, religion, nationality, membership of a
particular social group, or political opinion.” While
persecution on the basis of gender is not explicitly
 (10)  listed, this omission does not preclude victims of
gender-based persecution from qualifying as refugees,
nor does it reflect an intention that such persons be
excluded from international protection. Rather, women
persecuted on account of gender are eligible for asylum
 (15)  under the category of “social group.” The history of
the inclusion of the social-group category in the definition
of a refugee indicates that this category was intended to
cover groups, such as women facing gender-based
persecution, who are otherwise not covered by the
 (20)  definition’s specific categories.

The original definition of refugee, which came
from the constitution of the International Refugee
Organization, did not include social group. However,
the above-mentioned  United Nations Convention  added
 (25)  the category in order to provide a “safety net” for
asylum-seekers who should qualify for refugee status
but who fail to fall neatly into one of the enumerated
categories. The drafters of the  Convention  intentionally
left the precise boundaries of the social-group category
 (30)  undefined to ensure that the category would retain
the flexibility necessary to address unanticipated
situations.

A broad interpretation of social group is supported
by the  Handbook on Procedures and Criteria for 
 (35)   Determining Refugee Status  (1979) published by the
office of the United Nations High Commissioner for
Refugees (UNHCR). The  Handbook  describes a social
group as persons of similar background, habits, or
social status. This expansive interpretation of the
 (40)  category is resonant with the intentions of the
Convention drafters—a malleable category created for
future asylum determinations. Since many women
fleeing gender-based persecution share a common
background and social status, they should fall within
 (45)  the Handbook’s definition of a social group.
Furthermore, a 1985 UNHCR Executive Committee
report counseled member states to use the social-group
category to classify women asylum-seekers “who face
harsh or inhuman treatment due to their having
 (50)  transgressed the social mores of the society in which
they live.”

Such a pronouncement is particularly significant. A
position taken by an organization such as the UNHCR
is likely to exert a strong influence on the international
 (55)  community. In particular, the UNHCR’s position is
likely to have an impact on the interpretation of
national asylum laws, since the terms and definitions
used in many national laws have been developed under
the international consensus that UNHCR represents.    1 
 1. According to the passage, which one of the following is true about both the  United Nations Convention  and the UNHCR  Handbook ?

(A) Both documents are likely to exert a strong influence on improving the status of women in countries that are members of the United Nations.
(B) Both documents explicitly support granting refugee status to women fleeing gender-based persecution.
(C) Both documents recommend using the socialgroup category to classify women refugees seeking asylum from persecution.
(D) Both documents suggest that the social-group category can be applied to a wide variety of asylum-seekers.
(E) Both documents describe a social group as persons who share a similar background and hold a similar status in society.

2 
 2. The passage suggests that which one of the following is true about the drafters of the  United Nations Convention ?

(A) They wanted to ensure that the United Nations would be consulted as new reasons for seeking refugee status arose.
(B) They followed the precedent set by the International Refugee Organization concerning the status of refugees seeking asylum from gender-based persecution.
(C) They recognized that it would be difficult to list every possible reason why a person might seek refuge from persecution in the Convention’s definition of a refugee.
(D) They did not consider persecution on the basis of gender to be as valid a reason for seeking asylum as persecution on the basis of race, nationality, or religion.
(E) They did not list gender as a category in the Convention’s definition of a refugee because gender-based persecution was not a significant problem at the time the Convention was drafted.

3 
3. Which one of the following asylum-seekers would be most likely to qualify for refugee status under the social-group category as it is described in the passage?

(A) a woman who is unable to earn enough money to support her family because she comes from a poor country
(B) a woman who has limited opportunities to improve her socioeconomic status because of racial discrimination in her country
(C) a woman who is unable to obtain an education because she is a member of a particular religious group
(D) a woman who faces persecution because she rejects the accepted norm in her country concerning arranged marriages
(E) a woman who faces persecution because she opposes her government’s harsh treatment of political prisoners

4 
 4. The author describes the definition of social group in the UNHCR Handbook as

(A) specific but flexible
(B) obscure but substantive
(C) exhaustive and impartial
(D) general and adaptable
(E) comprehensive and exemplary

5 
 5. The author of the passage would most likely agree with which one of the following statements about the definition of a refugee in the constitution of the International Refugee Organization?

(A) It failed to include some asylum-seekers who should have been considered eligible for refugee status.
(B) It provided a strong basis to support the claim that women seeking asylum from gender-based persecution should be eligible for asylum.
(C) It reflected an awareness that some groups of refugees seeking asylum do not easily fall into specific categories.
(D) It established that a person’s social-group membership may be as significant a cause of persecution as a person’s race, religion, or nationality.
(E) It prevented individual nations from refusing asylum to persons who were clearly eligible for such status on the basis of the definition.

6 
 6. The author describes persecution as the “linchpin of the definition of a refugee” (line 3) in order to indicate that

(A) international acceptance of the definition was dependent on reaching consensus about what constituted persecution
(B) international concern about the number of people fleeing persecution was the primary force behind the creation of the definition
(C) persecution is a controversial term and it was difficult to reach international agreement about its exact meaning
(D) persecution is the primary reason why people are forced to leave their home countries and seek asylum elsewhere
(E) persecution is the central factor in determining whether a person is eligible for refugee status

7 
 7. The passage suggests that which one of the following is most likely to be true of the relationship between UNHCR documents concerning refugees and many nations’ asylum laws?

(A) The terms and definitions in the United Nations documents are frequently interpreted more narrowly than are similar terms and definitions in many national asylum laws.
(B) Many of the specific terms and definitions in the United Nations documents represent a compilation of terms and definitions that were first used in national asylum laws.
(C) A new interpretation of a term or definition in one of the United Nations documents is likely to influence the interpretation of a similar term or definition in a national asylum law.
(D) A change in the wording of a specific definition in one of the United Nations documents must also be reflected in any similar terms or definitions contained in national asylum laws.
(E) The terms and definitions used in many national asylum laws are in direct opposition to the terms and definitions used in the United Nations documents.

8 
 8. The primary purpose of the passage is to

(A) trace the development of the definition of an important term
(B) interpret the historical circumstances leading to the development of two documents
(C) resolve two apparently contradictory interpretations of a legal document
(D) suggest an alternative solution to a muchdisputed problem
(E) argue against the current definition of a specific term

Source:   LSAT Official PrepTest 34   
 Difficulty Level:   650

RC Butler 2021  -  Practice Two RC Questions Everyday.   
Passage # 211 Date: 28-May-2021
 This question is a part of RC Butler 2021 .  Click here for Details

mSKR · Answer

WHYC: 
About United Nations Convention :
 However,
the above-mentioned United Nations Convention added
(25) the category in order to provide a “safety net” for
asylum-seekers who should qualify for refugee status
but who fail to fall neatly into one of the enumerated
categories

About handbook:
  The Handbook describes a social
group as persons of similar background, habits, or
social status.

Since many women
fleeing gender-based persecution share a common
background and social status, they should fall within
(45) the Handbook’s definition of a social group.

WHY D:
About UN conventions:
  The drafters of the Convention intentionally
left the precise boundaries of the social-group category
(30) undefined to ensure that the category would retain the
flexibility necessary to address unanticipated
situations.

About Handbook:
 This expansive interpretation of the
(40) category is resonant with the intentions of the
Convention drafters—a malleable category created for
future asylum determinations

Why reject C:
because they don't recommend but they think of a possibility that women can be included in social group category.

In this document, a refugee is
defined as any person facing persecution “for reasons
of race, religion, nationality, membership of a
particular social group, or political opinion.

It suggests they didn’t consider gender as basis of category for inclusion in the category of application for refugee seeking.

D matches the thought

this document, a refugee is
defined as any person facing persecution “for reasons
of race, religion, nationality, membership of a
particular social group, or political opinion.

A – nationality 
B- race
C- religion
E- political opinion

Only D is left out category that is not cover in any other country.

who face
harsh or inhuman treatment due to their having
(50) transgressed the social mores of the society in which
they live.”

General :  who face
harsh or inhuman treatment due to their having
(50) transgressed the social mores of the society in which
they live.”

Flexible/Adaptable :  ensure that the category would retain the
flexibility necessary to address unanticipated
situations.

We need to reject A because social category is very open to include all those who could not be included in other categories.

The original definition of refugee, which came
from the constitution of the International Refugee
Organization, did not include social group.

A matches with context
Other options are not given in the passage

When women are persecuted on account of their
gender, they are likely to be eligible for asylum.
Persecution is the linchpin of the definition of a refugee

It states that as persecution is the key reason for refugee status, Women are also eligible for refuge if theur conditions fall under persecution

The mentioned text is to define the definition for refugee status. Hence E fits better with context.

In particular, the UNHCR’s position is
likely to have an impact on the interpretation of
national asylum laws, since the terms and definitions
used in many national laws have been developed under
the international consensus that UNHCR represents.

It means any change happen in UNHCR would bring change in national laws. 
C and D are close options. I reject D because must condition is not given . change in Uxxx would influence change in national laws. Hence C matches the context.

The primary purpose is to find a way how women can be included in refuge status that was not considered in the set up but have flexibility in laws to allow women to be included.
The discussion begins based on original definition that did not include category of social group by International Refugee Organization. In 1979 definition was updated by UNHCR by icludion of social group and further in 1985 women were included in social group category. 
B , C , D and E don’t matches with primary purpose . A and B talks about something tracking/backhand history of tracing but in passage doesnt talk about circumstance leading to development of documents; C and E talks about controversy /contradiction – not mention in passage. D can be rejected because passage doesnt mention about dispute with social group category. For dispute, it should mention more about both sides. but passage mainly give his view points based on history development about the women inclusion

Hence A fits the context

HASTOWINGMAT · Answer

Sajjad1994

Can you please explain the answer of Question 5? I chose option C but the correct answer is A.
From the passage, I understood that it would be difficult to categorize few people, therefore creating a safety net to make few people eligible for refugee even though they couldn't fit into any of the enlisted categories.

Prateek101 · Answer

1. According to the passage, which one of the following is true about both the United Nations Convention and the UNHCR Handbook?
=> Very well drafted question. Its inference type question. First thing notice there are three documents mentioned International Refugee org document(IRO), Convention and handbook, and we need to have clarity on what's the difference between all of them. IRO - base document w/o Social group(SG) mentioned; Convention - SG mentioned open to possibilities, Handbook - SG with specific mention of women group. 
(A) Both documents are likely to exert a strong influence on improving the status of women in countries that are members of the United Nations. => Last statement says the UN documents influence hence both convention and handbook will influence. CORRECT
(B) Both documents explicitly support granting refugee status to women fleeing gender-based persecution. => Only Handbook does - INCORRECT
(C) Both documents recommend using the socialgroup category to classify women refugees seeking asylum from persecution. => Only Handbook does - INCORRECT
(D) Both documents suggest that the social-group category can be applied to a wide variety of asylum-seekers. => This is close contender, but only convention suggests this. Handbook actually exemplifies by mentioning women - INCORRECT (I chose this)
(E) Both documents describe a social group as persons who share a similar background and hold a similar status in society. => Only Handbook does - INCORRECT

3. Which one of the following asylum-seekers would be most likely to qualify for refugee status under the social-group category as it is described in the passage?
=> First notice for refugee status, some kind of persecution is necessary so A, B and D are out. Now in the passage there are two places where eligibility criteria is mentioned - line 6 para 1 and last statement 3rd para. If you miss to see the second one you will go wrong.
(A) a woman who is unable to earn enough money to support her family because she comes from a poor country - INCORRECT
(B) a woman who has limited opportunities to improve her socioeconomic status because of racial discrimination in her country - INCORRECT
(C) a woman who is unable to obtain an education because she is a member of a particular religious group - INCORRECT
(D) a woman who faces persecution because she rejects the accepted norm in her country concerning arranged marriages => this is clearly mentioned in the last statement of 3rd para - CORRECT
(E) a woman who faces persecution because she opposes her government’s harsh treatment of political prisoners => opposing harsh treatment of some kind of prisoners(political) is not same as persecuted due to a political opinion, the author beautifully traps you with his wording if you selected this option - INCORRECT

5. The author of the passage would most likely agree with which one of the following statements about the definition of a refugee in the constitution of the International Refugee Organization?
=> Very easy, just need to maintain the clarity on who was responsible for what.
(A) It failed to include some asylum-seekers who should have been considered eligible for refugee status. => CORRECT
(B) It provided a strong basis to support the claim that women seeking asylum from gender-based persecution should be eligible for asylum. => Opposite it did not do that
(C) It reflected an awareness that some groups of refugees seeking asylum do not easily fall into specific categories. => This is point of drafters of the convention - INCORRECT
(D) It established that a person’s social-group membership may be as significant a cause of persecution as a person’s race, religion, or nationality. => No such comparison done - INCORRECT
(E) It prevented individual nations from refusing asylum to persons who were clearly eligible for such status on the basis of the definition. => No such mention - INCORRECT

Sajjad1994 · Answer

Explanation

5. The author of the passage would most likely agree with one of the following statements about the definition of a refugee in the constitution of the International Refugee Organization?

Difficulty Level:   700

Explanation

The only reference to the IFO constitution  lines 21-23  says that it failed to include the UN Convention, which is the social group category. That failure is that which  (A)  describes, and for that matter that which  (D)  contradicts.

The single sentence in  lines 21-23  makes no mention of gender-based persecution,  (B) . If anything, the IFO constitution did the opposite of  (C) , in that it seems to have left out any catch-all category. The passage falls short of describing the impact, positive or negative, of the treatment of the refugee definition in the IFO’s constitution,  (E) .

Answer: A

playthegame · Answer

Thanks yes I got trapped on Question 3 where I selection option E, ie political opinion. My approach was similar to yours in the sens that I eliminated options that involved no persecution. Then I was between D and E and I selected E. Great question, not sure why it is tagged medium this question is hard man so close.

When women are persecuted on account of their gender, they are likely

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When women are persecuted on account of their gender, they are likely

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