Crossing borders between international refugee law and international human rights law in the European context: can human rights enhance protection against persecution based on sexual orientation (and beyond)?

Danisi, Carmelo (2019) Crossing borders between international refugee law and international human rights law in the European context: can human rights enhance protection against persecution based on sexual orientation (and beyond)? Netherlands Quarterly of Human Rights, 37 (4). pp. 359-378. ISSN 0924-0519

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Abstract

In the last decades, international refugee law (‘IRL’) and international human rights law (‘IHRL’) have increasingly taken into account sexual minorities’ needs. Despite not being one of the grounds of persecution under the 1951 Geneva Convention on the Status of Refugees, sexual orientation has been identified as a relevant factor for the recognition of refugee status for more than twenty years. In parallel, IHRL has evolved to a point where sexual minorities are more fully included within the scope of rights and freedoms set forth in universal and regional human rights treaties, especially via the prohibition of discrimination. Yet, strange as it may seem, this simultaneous evolution has not always led to a fruitful intersection between IRL and IHRL, even in terms of interpretation despite what the Law of Treaties requires. Drawing from documentary and qualitative data and by taking people fleeing homophobia as example, this article looks at the role that IHRL may play in complementing and in intersection with IRL. It argues that IHRL may, firstly, raise obligations to facilitate the access of these claimants to asylum determination procedures and, secondly, inform the notion of persecution used in IRL more comprehensively than it currently does in practice.

Item Type: Article
Keywords: International refugee law; International human rights law; People fleeing homophobia; Asylum; Persecution; Humanitarian visas; Vienna Convention on the Law of the Treaties
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex Centre for Human Rights Research
Subjects: K Law
K Law > KJ Europe
K Law > KZ Law of Nations
Depositing User: Carmelo Danisi
Date Deposited: 22 Aug 2019 16:16
Last Modified: 20 Jan 2020 11:45
URI: http://sro.sussex.ac.uk/id/eprint/85594

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