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The Sexual Politics of Asylum

Author : Calogero Giametta
Publisher : Taylor & Francis
Page : 187 pages
File Size : 30,66 MB
Release : 2017-03-27
Category : Social Science
ISBN : 1317200594

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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.

The Sexual Politics of Asylum

Author : Calogero Giametta
Publisher : Routledge
Page : 312 pages
File Size : 11,61 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.

Gender in Refugee Law

Author : Efrat Arbel
Publisher : Routledge
Page : 307 pages
File Size : 46,38 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.

Gendered Asylum

Author : Sara L McKinnon
Publisher : University of Illinois Press
Page : 192 pages
File Size : 50,69 MB
Release : 2016-09-01
Category : Social Science
ISBN : 9780252081910

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Women filing gender-based asylum claims long faced skepticism and outright rejection within the U.S. immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in U.S. asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to U.S. national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality.

LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective

Author : Arzu Güler
Publisher : Springer
Page : 351 pages
File Size : 32,99 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.

Queer Migration and Asylum in Europe

Author : Richard C. M. Mole
Publisher : UCL Press
Page : 276 pages
File Size : 18,23 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.

Who Is Worthy of Protection?

Author : Meghana Nayak
Publisher : Oxford University Press
Page : 272 pages
File Size : 22,73 MB
Release : 2015-09-16
Category : Political Science
ISBN : 0190492678

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A surprisingly understudied topic in international relations is gender-based asylum. Gender-based asylum offers protection from deportation for migrants who have suffered gender violence and persecution in their home countries. Countries are increasingly acknowledging that even though international refugee law does not include "gender" as a category of persecution, gender violence can threaten people's lives and requires attention. But Meghana Nayak argues that it matters not just that but how we respond to gender violence and persecution. Asylum advocates and the US government have created "frames," or ideas about how to understand different types of gender violence and who counts as victims. These frames are useful in increasing gender-based asylum grants. But the United States is negotiating the tension between the protection and the restriction of non-citizens, claiming to offer safe haven to persecuted people at the same time that it aims to control borders. Thus, the frames construct which migrants are "worthy" of protection. The effects of the asylum frames are two-fold. First, they leave out or distort the stories and experiences of asylum seekers who do not fit preconceived narratives of "good" victims. Second, the frames reflect but also serve as an entry point to deepen, strengthen, and shape the US position of power relative to other countries, international organizations, and immigrant communities. Who Is Worthy of Protection? explores the politics of gender-based asylum through a comparative examination of US asylum policy and cases regarding domestic violence, female circumcision, rape, trafficking, coercive sterilization and abortion, and persecution based on sexual and gender identity.

Discourses on LGBT Asylum in the UK

Author : Thibaut Raboin
Publisher :
Page : 168 pages
File Size : 39,97 MB
Release : 2017
Category : Asylum, Right of
ISBN : 9781526121011

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This book analyses fifteen years of debate, media narrative, policy documents and artistic production to uncover the way sexual citizenship is reshaped by LGBT asylum. Asylum discourses, with their many harrowing stories, have proved a powerful platform for discussion of the sexual rights of those who are not citizens. The forces involved, from the state to LGBT or asylum activists, compete with each other for the redefinition of what progressive sexual politics should be. This book assesses the consequences of persisting colonial imaginaries on the representation of sexual freedom, as well as of the neoliberal management of asylum for LGBT asylum seekers. The book explores the contradictory role of political emotions such as sympathy, which constitutes both a basis for solidarity and a means of dispossessing claimants of their agency, and finally discusses how optimism can be queered in asylum discourses.

Fleeing Homophobia

Author : Thomas Spijkerboer
Publisher : Routledge
Page : 258 pages
File Size : 20,92 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.