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Fauziya Case

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FAUZIYA CASE

Fauziya Kassindja was born in Togo, West Africa, in 1977. Growing up, she faced the looming
threat of forced marriage and female genital mutilation (FGM), a practice deeply rooted in her
culture. Determined to escape these traditions, Fauziya made the courageous decision to flee
her homeland.
In 1994, at the age of 17, Fauziya embarked on a journey that would change her life forever.
With the help of a friend, she managed to leave Togo and traveled through several countries,
eventually reaching the United States. Upon her arrival, Fauziya sought asylum, explaining to
immigration officials that she was fleeing from a forced marriage and the prospect of
undergoing FGM.
However, instead of finding refuge, Fauziya was detained by U.S. immigration authorities and
placed in a detention center in New Jersey. Despite her pleas for asylum, her case was initially
denied, as the immigration officials did not consider her fear of persecution to be credible.
Faced with the threat of deportation back to Togo, where she feared for her life, Fauziya refused
to give up.
With the help of pro bono lawyers and human rights advocates, Fauziya's case gained national
and international attention. Her legal team argued that her fear of persecution based on gender
and cultural practices should be grounds for asylum under U.S. law. The case became a rallying
point for women's rights activists and organizations advocating against FGM and forced
marriage.
As Fauziya's story spread, public pressure mounted on the U.S. government to reconsider her
case. Eventually, in 1996, after nearly two years of legal battles and advocacy efforts, Fauziya's
asylum was granted. The decision marked a significant victory not only for Fauziya but also for
the recognition of gender-based persecution as grounds for asylum.
Fauziya Kassindja's case highlighted the moral and legal complexities surrounding issues such as
FGM and forced marriage, sparking discussions and reforms both in the United States and
internationally. Her bravery and resilience in the face of adversity inspired countless individuals
and brought attention to the plight of women and girls around the world who continue to face
similar threats to their safety and well-being.

Questions:
1. Should countries grant asylum to individuals fleeing gender-based persecution, such as
forced marriage and female genital mutilation (FGM), even if these practices are
culturally accepted in the asylum seeker's home country?
2. How should cultural relativism be balanced with universal human rights when
considering cases like Fauziya's, where cultural practices conflict with international
norms of gender equality and bodily autonomy?
3. Did the U.S. immigration authorities act ethically in initially denying Fauziya Kassindja's
asylum claim, considering the potential risks she faced if deported back to Togo?
4. What ethical responsibilities do countries have in providing protection and support to
asylum seekers like Fauziya, especially considering the potential dangers they face if
returned to their home countries?
5. How did the advocacy efforts and public awareness surrounding Fauziya's case impact
the ethical considerations of gender-based persecution, asylum policies, and human
rights discourse globally?

Note: Each group will present their insights & evaluation in the class!

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