M. Dustin - N. Held - GenIUS 2-2018 - Final.pdf (14.09 MB)
In or out? A queer intersectional approach to 'particular social group' membership and credibility in SOGI asylum claims in Germany and the UK
Individuals claiming asylum on the basis of sexual orientation or gender identity (SOGI) in Europe must prove to the authorities in question that they are ‘credible’ and meet the Refugee Convention criteria. In most cases, they do this by demonstrating that they belong to a Particular Social Group (PSG). However, for some time advocates and researchers have argued that SOGI claimants are treated both unfairly and inconsistently. In this article we use queer and intersectional theories to argue that one explanation for this how PSG membership has come to be interpreted. Looking at recent experience in two EU countries – Germany and the UK – we argue that this is done in a way that is both prescriptive, in requiring claimants to conform to minimal understandings of sexual and gender identity, but also narrow and one-dimensional, in ignoring other aspects of the claimant’s identity and assuming that SOGI asylum seekers are only sexual or gendered beings.
History
Publication status
- Published
File Version
- Published version
Journal
GeniusISSN
2384-9495Publisher
Articolo29Publisher URL
Issue
2Volume
2018Page range
74-87Department affiliated with
- Law Publications
Research groups affiliated with
- Sussex Centre for Human Rights Research Publications
- Behavioural and Clinical Neuroscience Research Group Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2019-01-14First Open Access (FOA) Date
2019-01-14First Compliant Deposit (FCD) Date
2019-01-11Usage metrics
Categories
No categories selectedKeywords
Licence
Exports
RefWorks
BibTeX
Ref. manager
Endnote
DataCite
NLM
DC