Download or read book Preparing Sexual Orientation based Asylum Claims written by and published by . This book was released on 2000 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Queering Asylum in Europe written by Carmelo Danisi and published by Springer Nature. This book was released on 2021-08-31 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.
Download or read book Fleeing Homophobia written by Thomas Spijkerboer and published by Routledge. This book was released on 2013-07-18 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Asylum Based on Sexual Orientation written by Sydney Levy and published by . This book was released on 1996 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective written by Arzu Güler and published by Springer. This book was released on 2018-12-06 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Gender in Refugee Law written by Efrat Arbel and published by Routledge. This book was released on 2014-04-16 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Sexual Politics of Asylum written by Calogero Giametta and published by Routledge. This book was released on 2017-03-27 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Gendered Asylum written by Sara L McKinnon and published by University of Illinois Press. This book was released on 2016-09-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States 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 American 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 American 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. Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.
Download or read book Gender in Refugee Law written by Efrat Arbel and published by Routledge. This book was released on 2014-04-16 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Real Queer written by David A. B. Murray and published by Rowman & Littlefield. This book was released on 2015-12-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ethnographic exploration of sexual orientation and gender identity (SOGI) refugee claimants’ experiences of navigating the complex discourses, protocols, practices and personnel of Canada’s refugee determination system.
Download or read book Queer Migration and Asylum in Europe written by Richard C. M. Mole and published by UCL Press. This book was released on 2021-03-08 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book U S Immigration and Naturalization Laws and Issues written by Michael C. LeMay and published by Bloomsbury Publishing USA. This book was released on 1999-11-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The influx of millions of immigrants into the United States has profoundly impacted the nation's economy, culture, and politics. Since the founding of our country, our government has worked to control this migration by enacting different policies to deal with immigration and naturalization. Students can trace the history and development of issues surrounding these policies, as well as the reactions to them, through this unique and comprehensive collection of over 100 primary documents. Court cases, opinion pieces, and many other documents bring to life the controversies surrounding the subject of immigration. Explanatory introductions aid users in understanding each document and help to illuminate its significance to the reader. The major laws on immigration and naturalization are included in this useful volume, and have been edited to include the principal provisions in each, thereby making them more accessible to students without compromising their quality and accuracy. These key primary documents are arranged chronologically to help the user discover what has and has not changed over the centuries. The introductory and explanatory texts help readers understand the issues being litigated, the social and cultural pressures that shaped each deate, and the ways in which biases of individual Justices and Presidents affected immigration and naturalization laws in this country.
Download or read book The Concealment Controversy written by Janna Wessels and published by Cambridge University Press. This book was released on 2021-07-29 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that a claim for international protection can be rejected on the basis that the claimant behave 'discreetly' in their country of origin has remained resilient in asylum claims based on sexual orientation, but also other grounds of claim. This is significant because requiring an asylum-seeker to forgo the reason for which they are persecuted questions the very rationale of refugee protection. This book represents the first principled examination of concealment in refugee law. Janna Wessels connects the different strands of the long-standing debate in both common and civil law jurisdictions and scholarship concerning the question of whether and under which circumstances a claimant must conceal to avoid persecution. In so doing, Wessels uncovers a fundamental tension at the core of the refugee concept. By using sexuality as a lens, this study breaks new ground regarding sexual orientation claims and wider issues surrounding the refugee definition.
Download or read book Research Handbook on Gender Sexuality and the Law written by Chris Ashford and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
Download or read book Who is Worthy of Protection written by Meghana Nayak and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Refugee Roulette written by Jaya Ramji-Nogales and published by NYU Press. This book was released on 2011-04-29 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first analysis of decisions at all four levels of the asylum adjudication process : the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. From publisher description.
Download or read book The Law of Refugee Status written by James C. Hathaway and published by Cambridge University Press. This book was released on 2014-07-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.