Case Study 05: Gender-Based Violence
- Eileen Truax
- Feb 22
- 5 min read
Updated: Feb 24
By Eileen Truax
Article: "Immigrant Victims of Gender-Based Violence Still Struggle to Obtain Asylum" Posted in: American Community Media Section/Category: Immigration Published Date: November 3, 2021 Author/s: Jenny Manrique Link: https://americancommunitymedia.org/uncategorized/victimas-inmigrantes-de-violencia-de gender-still-fighting-for-asylum/ |
1. Context
Central theme: The article denounces the difficulties faced by immigrant women victims of gender violence in obtaining asylum or legal protection in the United States.
Social/political/economic/cultural context:
● Changes in U.S. immigration policies have made the possibility of receiving asylum for gender-based violence lower than ever, due to the legal and institutional barriers faced by applicants.
● Structural gender-based violence in El Salvador, mainly linked to gangs (maras) and the lack of protection of victims by the State.
● Central American migration that derives from a combination of this structural gender violence and the socioeconomic conditions of the countries of the region.
Background to the news event:
● The recognition of gender-based violence as a basis for requesting asylum in the United States, which occurred in 2014, was restricted in 2018, during the Trump administration, following a court decision in the case of a Salvadoran woman who was a victim of gender-based violence by non-governmental actors. The measure was revoked in 2021, but the rejection persists in most cases.
● There is a lack of access to counseling and legal representation by victims, which makes it easy for their cases to be rejected.
Relevance or topicality of the topic:
● At the time of publication, the 2018 restriction had been reversed, but in practice, judges continued to deny asylum for gender-based violence by 90%.
● In recent years, the number of immigrants from Central America has increased, which has facilitated the politicization of the granting of asylum.
● Among the cases that meet the requirements to receive political asylum, it is necessary to review the particularities of cases of gender violence.
2. Narrative structure
Lead: How is the main information presented?
The article begins with the testimony of Milagro, a Salvadoran survivor who obtained asylum after escaping extreme violence, and presents an individual story that humanizes the problem from the front line.
Body of the note (how does the story develop?):
● Description of specific situations of violence suffered by the victim, based on her direct testimony, emphasizing that the authorities in El Salvador were not able to protect her.
● Explanation of the difficult process to get the United States to explicitly recognize gender-based violence as a basis for seeking asylum; subsequent judicial decisions and the current situation.
● Explanation of the legal process to apply for asylum and the bureaucratic obstacles to obtaining it.
● Submission of statements and opinions of lawyers and asylum experts.
Closing: How does the text end? (With data, reflection, quote?)
● Presentation by a lawyer on the need to establish clearer laws and to have greater institutional support and feminist organizations to protect victims.
3. Use of narrative resources: (descriptions, testimonies, hard data)
● I begin with a personal testimony of a victim of gender violence in El Salvador, in which she describes the terror she experienced and the obstacles to getting out of that situation.
● Testimonies from legal experts and academics, which give greater authority to the victim's message.
● Quantitative data (asylum denial statistics)
● Legal data: reference to current legislation, asylum requirements, VAWA, and U visa.
● Detailed descriptions of the victim's violent situations and emotions—terror, trauma—
● Historical and political context.
4. Fonts and voices
Number and type of sources: (official, expert, citizen, documentary)
● Immigrant woman seeking asylum and a survivor of gender-based violence.
● Immigration Attorneys.
● Academic expert in law and gender
● Official data and references to government decisions and the legal framework.
Diversity and balance of voices:
● The voice of the people affected (migrant women seeking asylum, victims of gender-based violence) is clearly amplified*.
● The arguments and legal and academic background that support the accusations made by the legal representatives of the victims are cited.
*Important: remember that although there is a cliché that the journalist "gives voice" to people, people have a voice of their own; the journalist only amplifies these voices.
Verifiability: Are sources cited clearly and supported?
● The sources are well identified with their name and positions.
● Reports, legal documents, and verifiable political references are cited.
5. Language and style
Language resources: (metaphors, adjectives, direct quotes, technicalities)
● Direct quotes that convey emotion and give credibility to the story.
● Detailed description of acts of violence ("The last time he beat me for four hours; he wanted to kill me"; "repeated rapes that included threats with weapons, burning with a clothes iron, beatings all over the body").
● Quotes from lawyers and activists who bring moral and legal authority to the story.
● Clear explanation of the asylum application process and its bureaucratic hurdles, to make it understandable to the average audience.
6. Image Use
Photographs/graphics/videos: What function do they serve? Text-image relationship
● It includes a photograph of the victim taken during the press conference in which she shared her testimony.
● The image reinforces the story and brings veracity to the information. The protection of the identity, by omitting the second surname, contributes to sending this message.
7. Critical analysis
Communicative intention: What do you seek to generate in the reader?
It seeks to generate empathy and awaken indignation in the reader, denouncing the legal barriers that prevent the guarantee of protection to victims, and to warn about the vulnerability of these immigrant women.
Potential Impact:
● Informing the audience about a situation that is often unknown to the average U.S. citizen.
● Inform victim-survivors of gender-based violence about their legal rights and options.
● Denounce the obstruction of the protection of victims by the authorities and the judicial system.
● Influence public debate on asylum and immigration policies.
Ethical aspects: (privacy, stigmatization, anonymous sources)
● Protection of the identity of the person who gives his or her testimony at explicit request.
● Description of situations of violence without revictimizing or stigmatizing.
● Responsible use of sensitive testimonies.
● Trauma-friendly treatment.
8. Valuation
Strengths of the article:
● It humanizes the problem of the high percentage of rejected asylum cases due to gender violence, offering a detailed and powerful testimony.
● It provides a clear and useful legal context.
● It uses legal and juridical language to support its argumentation and, subsequently, explain it clearly.
● It includes expert voices that provide credibility.
● It includes very descriptive accounts of violence, without falling into sensationalism or revictimizing.
Opportunities for improvement:
● Include more details on the statistics of asylum applications and denials due to gender-based violence to measure the phenomenon.
● A statement from an institutional or government agency could have been included—although in this case it is not indispensable.
● A comparison with other countries or contexts could have been included.
● Include contact information for readers who are in a similar situation and require guidance.
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