N. Ferreira - GenIUS 2-2018 Final.pdf (13.29 MB)
Reforming the Common European Asylum System: enough rainbow for queer asylum seekers?
Version 2 2023-06-12, 07:30
Version 1 2023-06-09, 15:58
journal contribution
posted on 2023-06-12, 07:30 authored by Nuno FerreiraNuno FerreiraSince the 1990s, the European Union (EU) has slowly developed an increasingly sophisticated body of asylum law and policy, known as the Common European Asylum System (CEAS). This framework – both in the shape of legislative instruments and case law – has inevitably also affected those asylum seekers who claim asylum on the basis of sexual orientation and/or gender identity (SOGI). This has been vividly demonstrated by particular norms in EU asylum instruments and judgments of the Court of Justice of EU (CJEU). The current CEAS can be said to have several shortcomings in relation to SOGI claims, including in relation to: accelerated procedures; country of origin information; the notion of ‘safe country of origin’; the burden of proof and the principle of benefit of the doubt; the concept of a ‘particular social group’; and the definition of persecution. A new set of proposals for reform of the CEAS was put forward in 2016, and these also affect SOGI asylum claims in precise and acute ways. This contribution scrutinises these proposals of reform, including the different positions of the Commission, Parliament and Council, where relevant. In particular, this contribution will assess the extent to which these proposals and different institutional positions address, ignore or aggravate the issues that currently affect SOGI asylum seekers.
Funding
Sexual Orientation and Gender Identity Claims of Asylum: A European human rights challenge; G1968; EUROPEAN UNION; 677693
History
Publication status
- Published
File Version
- Published version
Journal
GenIUS - Rivista di studi giuridici sull’orientamento sessuale e l’identità di genereISSN
2384-9495Publisher
Articolo29External DOI
Issue
2Volume
2018Page range
25-42Department affiliated with
- Law Publications
Research groups affiliated with
- Sussex Centre for Human Rights Research Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2018-11-22First Open Access (FOA) Date
2018-11-27First Compliant Deposit (FCD) Date
2018-11-20Usage metrics
Categories
No categories selectedKeywords
Licence
Exports
RefWorks
BibTeX
Ref. manager
Endnote
DataCite
NLM
DC