Queering international refugee law

Ferreira, Nuno and Danisi, Carmelo (2021) Queering international refugee law. In: Costello, Cathryn, Foster, Michelle and McAdam, Jane (eds.) The Oxford Handbook of International Refugee Law. Oxford University Press, Oxford, pp. 78-96. ISBN 9780198848639

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This 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.

Item Type: Book Section
Schools and Departments: School of Law, Politics and Sociology > Law
SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 05 Jan 2021 16:29
Last Modified: 25 Feb 2022 16:44
URI: http://sro.sussex.ac.uk/id/eprint/96332

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Project NameSussex Project NumberFunderFunder Ref
SOGICA - Sexual Orientation and Gender Identity Claims of Asylum: A European human rights challengeG1968EUROPEAN UNION677693