[PDF] Asylum Based On Sexual Orientation eBook

Author : Thomas Spijkerboer
Publisher : Routledge
Page : 258 pages
File Size : 29,71 MB
Release : 2013-07-18
Category : Law
ISBN : 1134098359

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Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.

Author : Arzu Güler
Publisher : Springer
Page : 351 pages
File Size : 37,6 MB
Release : 2018-12-06
Category : Law
ISBN : 3319919059

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This book addresses the ‘three moments’ in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers’ and refugees’ efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons’ flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers’ journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries’ interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one’s sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.

Author : Carmelo Danisi
Publisher : Springer Nature
Page : 497 pages
File Size : 40,57 MB
Release : 2021-08-31
Category : Social Science
ISBN : 3030694410

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This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.

Author : Calogero Giametta
Publisher : Routledge
Page : 312 pages
File Size : 33,5 MB
Release : 2017-03-27
Category : Social Science
ISBN : 1317200586

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Today within neoliberal democracies, gender and sexuality provisions give people the opportunity of being granted social and legal protection. But how does the asylum system intervene within claimants’ understandings of themselves and in what ways does this affect their livelihoods in the country of arrival? The Sexual Politics of Asylum emerges from a 2 year long ethnography, which explores the experiences of 60 gender and sexual minority refugees in the UK. Bringing previously unheard stories to the forefront, this enlightening volume challenges dominant notions about the construction of sexuality and gender as an instrument for claiming rights in a world shaped by postcolonial relations. Giametta first examines why the migratory experience of the studied migrants is located within a set of humanitarian-inflected discourses that privilege suffering and trauma. This is then followed by an assessment of the respondents’ biographical accounts, which consequently uncovers how being situated in liminal socio-political and legal interstices produces precarious forms of life. Whilst the topic of asylum for gender and sexual minorities has attracted wide media coverage over the past decade, there persists a lack of academic attention to the complex experiences of these refugees. As such, this timely book will be of interest to undergraduate and postgraduate students interested in human rights, sociology, anthropology, migration, sexuality, gender and cultural studies, as well as people working within the refugee granting process.

Author : Riley Minkoff
Publisher :
Page : 124 pages
File Size : 18,36 MB
Release : 2020
Category : United States
ISBN :

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In this paper I examine the implications of adding a sixth category of asylum in the United States immigration system for people persecuted for their sexual orientation and/or gender identity. I look at how adding this sixth category can shift the discourse around immigration as well as explain, through human rights theory and the political theory of norm cascades, how this change could occur in the United States and become institutionalized within our political system. I also discuss how a sixth category can increase political rights and liberties for marginalized groups in our immigration system. I explain how changes in the way we look at persecution and how we view our role as a country globally have the power to bring justice to thousands of migrants internationally. I highlight how changes in our asylum system can change the way we seek to protect human rights and personal liberties, and how, by adding a sixth category of asylum, we can humanize the immigration system in a meaningful and impactful way. I come to these conclusions by first exploring prior research on immigration and human rights theories, and then explaining how the norm cascade theory could take root in the U.S., followed by a comparison and explanation of how inclusive polices relating to LGBTQ+ individuals gained traction in the European Union. I then use this political theory to examine why inclusivity, specifically regarding immigration, is beneficial for countries, and use that to explain why adding a sixth category of asylum for those persecuted for their sexual orientation and/or gender identity would be beneficial for the United States. Furthermore, I discuss policy implications for the future and collect more raw data on LGBTQ+ asylum seekers.

Author : Efrat Arbel
Publisher : Routledge
Page : 307 pages
File Size : 41,69 MB
Release : 2014-04-16
Category : Law
ISBN : 1135038112

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Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.

Author : Richard C. M. Mole
Publisher : UCL Press
Page : 276 pages
File Size : 19,78 MB
Release : 2021-03-08
Category : Social Science
ISBN : 1787355810

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Europe is a popular destination for LGBTQ people seeking to escape discrimination and persecution. Yet, while European institutions have done much to promote the legal equality of sexual minorities and a number of states pride themselves on their acceptance of sexual diversity, the image of European tolerance and the reality faced by LGBTQ migrants and asylum seekers are often quite different. To engage with these conflicting discourses, Queer Migration and Asylum in Europe brings together scholars from politics, sociology, urban studies, anthropology and law to analyse how and why queer individuals migrate to or seek asylum in Europe, as well as the legal, social and political frameworks they are forced to navigate to feel at home or to regularise their status in the destination societies. The subjects covered include LGBTQ Latino migrants’ relationship with queer and diasporic spaces in London; diasporic consciousness of queer Polish, Russian and Brazilian migrants in Berlin; the role of the Council of Europe in shaping legal and policy frameworks relating to queer migration and asylum; the challenges facing bisexual asylum seekers; queer asylum and homonationalism in the Netherlands; and the role of space, faith and LGBTQ organisations in Germany, Italy, the UK and France in supporting queer asylum seekers.

Author : David A. B. Murray
Publisher : Rowman & Littlefield
Page : 208 pages
File Size : 44,88 MB
Release : 2015-12-03
Category : Social Science
ISBN : 1783484411

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An ethnographic exploration of sexual orientation and gender identity (SOGI) refugee claimants’ experiences of navigating the complex discourses, protocols, practices and personnel of Canada’s refugee determination system.