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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

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posted on 2023-06-09, 16:30 authored by Moira DustinMoira Dustin, Nina Held
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

Genius

ISSN

2384-9495

Publisher

Articolo29

Issue

2

Volume

2018

Page range

74-87

Department 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

2019-01-14

First Open Access (FOA) Date

2019-01-14

First Compliant Deposit (FCD) Date

2019-01-11

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