Taiwan’s Road to an Asylum Law: Who, When, How, and Why Not Yet?

Intersectional Invisibility: Race, Gender, Sexuality, and the Erasure of Sexual Minority Women in US Asylum Law

Law & Social Inquiry ◽

10.1017/lsi.2021.15 ◽

2021 ◽

pp. 1-30

Author(s):

Roxana Akbari ◽

Stefan Vogler

Keyword(s):

Sexual Minority ◽

Minority Women ◽

Social Difference ◽

Regulatory Structure ◽

Sexual Minority Women ◽

Empirical Examination ◽

Sexual Minority Men ◽

Asylum Law ◽

Quantitative Metrics ◽

Minority Men

Advocates have long observed that sexual minority women are treated less favorably than sexual minority men under US asylum law. However, there has been little empirical examination of these claims in a US context. We offer the first systematic comparative empirical analysis of 199 asylum decisions for cisgender sexual minorities. Using quantitative metrics to contextualize in-depth qualitative analysis, we show that even when cisgender sexual minority men and women face very similar types of violence, women’s claims are adjudicated differently. This is particularly stark in courts’ treatment of sexual violence but is also evident in determinations of generalized persecution and individuals’ sexualities. When women attempt to use laws that are structured around straight, white, Western male perspectives and experiences, their pathways are limited and sometimes nonexistent. Although the flexibility in this area of asylum law has allowed many types of new claims, these changes have mostly benefited those assigned male at birth, and this surface malleability has ultimately worked to maintain law as a regulatory structure. Even with seemingly progressive changes in asylum law, the law itself continues to uphold race, gender, and sexuality as durable social structures and does little to ameliorate inequalities along these axes of social difference.

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Mutual (Dis-)Trust in EU Migration and Asylum Law: The ‘Exceptionalisation’ of Fundamental Rights

Fundamental Rights in the EU Area of Freedom, Security and Justice ◽

10.1017/9781108769006.007 ◽

2021 ◽

pp. 77-99

Author(s):

Violeta Moreno-Lax

Keyword(s):

Fundamental Rights ◽

Asylum Law

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Environmental Displacement in European Asylum Law

European Journal of Migration and Law ◽

10.1163/157181609789804321 ◽

2009 ◽

Vol 11 (4) ◽

pp. 313-326 ◽

Cited By ~ 10

Author(s):

Finn Myrstad ◽

Vikram Kolmannskog

Keyword(s):

Human Rights ◽

Work Force ◽

Displaced Persons ◽

Temporary Protection ◽

European Court ◽

Asylum Law ◽

The Individual ◽

International Border ◽

The Eu ◽

Environmental Displacement

AbstractEnvironmentally displaced persons can be included in several existing categories of protected persons under international law, but there may be a normative protection gap for many of those who cross an international border. This article looks at protection possibilities within the EU framework and national European legislations. Environmental displacement can arguably trigger temporary protection according to the EU Temporary Protection Directive. There may also be environmentally displaced persons who require longer-term or permanent protection. Drawing on the EU Qualification Directive and case-law from the European Court of Human Rights, one can argue that subsidiary protection should be granted in certain cases of extreme natural disaster or degradation. In less extreme cases, humanitarian asylum could be granted. Human rights principles such as non-refoulement could also be used to extend at least basic protection. In addition, legal labour migration could supply a work force, assist distressed countries and enhance protection of the individual. A strategy to meet the challenge of environmental displacement must also include climate change mitigation and external measures such as adaptation. Most of the displaced persons in the world today and in the near future do not arrive at the EU borders.

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