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Queering international refugee law
Version 2 2023-06-12, 09:39
Version 1 2023-06-09, 22:38
chapter
posted on 2023-06-12, 09:39 authored by Nuno FerreiraNuno Ferreira, Carmelo DanisiThis chapter investigates the links between asylum law and policy and sexual orientation and gender identity (SOGI). Although human rights have been increasingly recognized irrespective of one’s SOGI at international, regional, and domestic levels, legal frameworks do not yet tackle violations of such rights effectively. As a result, members of SOGI minorities may be forced to flee their countries of origin, often making SOGI-based asylum claims in host countries. Since the inception of the Refugee Convention, there has been a continuous battle for recognition of SOGI claims, within a system that was not designed with SOGI minorities in mind. The chapter then explores key aspects of SOGI asylum that ultimately question the heteronormative relations of power in asylum law and highlights how legal and policy frameworks may be reformed. It considers how refugee law has been progressively queered, looking at the range of legal and policy instruments that play a role in this queering process. Finally, the chapter identifies the key actors that have contributed to the development of SOGI refugee law and assesses the specific needs of SOGI asylum claimants and refugees.
Funding
SOGICA - 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
Publisher
Oxford University PressPage range
78-96Pages
1344.0Book title
The Oxford Handbook of International Refugee LawPlace of publication
OxfordISBN
9780198848639Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Editors
Cathryn Costello, Jane McAdam, Michelle FosterLegacy Posted Date
2021-01-05First Compliant Deposit (FCD) Date
2021-01-05Usage metrics
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