Analysing Norm-Based Advocacy Strategies to Address Asylum on the Basis of Sexual Orientation and Gender Identity in Europe

2020 ◽  
Author(s):  
Melissa Schnyder
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Individual Member ◽  
The European Union ◽  
International Protection ◽  
Political Issues ◽  
Formal And Informal Institutions ◽  
Formal Basis ◽  
And Gender ◽  
Strategies For Change

Abstract Whether and under what circumstances forced migrants can claim asylum on the basis of their sexual orientation or gender identity (SOGI) are questions that have received much attention in recent years as issues of human security are increasingly considered by scholars, civil society organization (CSO) practitioners, and the international community. Although there is an international institutional framework in place that establishes the bases for claiming asylum, SOGI is not explicitly mentioned, resulting in institutional gaps that potentially expose survivors of SOGI-related human rights violations to the risk of being denied international protection. At the regional level, individual member states within the European Union (EU) can interpret international legislation differently, resulting in inconsistencies in terms of who is granted protection. This situation has mobilized many CSOs to take action and work to create normative change. This article analyses how specific norm-based strategies for change that have been identified in advocacy work addressing other social and political issues are currently being applied to advocate for SOGI as a formal basis for claiming international protection in Europe. The analysis draws upon CSO documents, writings, and discourse in order to identify the norms they criticize and attempt to weaken, and to uncover the alternative norms they promote. Because norms are a key component of both formal and informal institutions, the article sheds light on how CSOs can use norm-based strategies as powerful mechanisms for advancing political and social change.

scholarly journals Queering Asylum in Europe: A Survey Report

2020 ◽  
Author(s):  
Vítor Lopes Andrade ◽  
Carmelo Danisi ◽  
Moira Dustin ◽  
Nuno Ferreira ◽  
Nina Held
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Gender Identity ◽  
Research Council ◽  
European Research ◽  
International Protection ◽  
European Research Council ◽  
Survey Report ◽  
The Social ◽  
And Gender

This report discusses the data gathered through two surveys carried out in the context of the SOGICA project. SOGICA – Sexual Orientation and Gender Identity Claims of Asylum: A European human rights challenge – is a four-year (2016-2020) research project funded by the European Research Council (ERC) that explores the social and legal experiences of people across Europe claiming international protection on the basis of their sexual orientation or gender identity (SOGI).

scholarly journals Why Sexual Orientation and Gender Identity Asylum?

2021 ◽  
pp. 3-21
Author(s):  
Carmelo Danisi ◽  
Moira Dustin ◽  
Nuno Ferreira ◽  
Nina Held
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Forced Migration ◽  
Economic Benefits ◽  
General Assembly ◽  
International Protection ◽  
Un General Assembly ◽  
Forced Migrants ◽  
And Gender ◽  
Binding Agreement

AbstractForced migration – no matter how we wish to define it – has been high in the political agendas and debates across the world for several decades. Forced migrants become claimants of international protection, or ‘asylum claimants’, and then find themselves trapped in convoluted, constraining and highly politicised systems. Often accused of being ‘bogus’ asylum claimants, they are also regularly accused of abusing the hospitality of the host country, violating countries’ borders and territorial sovereignty, and simply seeking economic benefits (Ford 2009; UNHCR 2007). Conversely, asylum legal instruments have been repeatedly criticised for inadequately addressing the rights and needs of asylum claimants, therefore preventing those with legitimate claims from being granted protection. These debates have more recently been rehashed in the context of the negotiations behind the Global Compact for Safe Orderly and Regular Migration, a non-legally binding agreement negotiated under the aegis of the United Nations (UN) and endorsed by the UN General Assembly. In this atmosphere of permanent politicised and humanitarian ‘crisis’ (McAdam 2014), a group warranting specific attention is constituted by those asylum claimants presenting a claim based on their sexual orientation or gender identity (SOGI).

scholarly journals The reform of the Common European Asylum System: Fifteen recommendations from a Sexual Orientation and Gender Identity Perspective

2018 ◽  
Author(s):  
Nuno Ferreira ◽  
Carmelo Danisi ◽  
Moira Dustin ◽  
Nina Held
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Asylum Seekers ◽  
Country Of Origin ◽  
Burden Of Proof ◽  
The European Union ◽  
Common European Asylum System ◽  
The Common ◽  
And Gender ◽  
Definition Of

Since the 1990s, the European Union (EU) has slowly developed an increasingly sophisticated body of asylum law and policy, known as the Common European Asylum System (CEAS). This framework – both in the shape of legislative instruments and case law – has inevitably also affected those asylum seekers who claim asylum on the basis of sexual orientation and/or gender identity (SOGI). This has been vividly demonstrated by particular norms in EU asylum instruments and judgments of the Court of Justice of EU (CJEU).The current CEAS can be said to have several shortcomings in relation to SOGI claims, including in relation to: country of origin information; the notion of ‘safe country of origin’; the burden of proof and the principle of benefit of the doubt; the concept of a ‘particular social group’; and the definition of persecution. A new set of proposals for reform of the CEAS was put forward in 2016 by the European Commission, and these also affect SOGI asylum claims in precise and acute ways.This policy brief scrutinises these proposals of reform, and assesses the extent to which these proposals and different institutional positions address, ignore or aggravate the issues that currently affect asylum seekers who identify as LGBTI (lesbian, gay, bisexual, trans and intersex). The policy brief makes fifteen recommendations for European policymakers in regards to the reform of the CEAS, in order to ensure that the needs of LGBTI asylum seekers and refugees are effectively addressed and their rights are respected. Academics from the University of Sussex working on the Sexual Orientation and Gender Identity Claims of Asylum (SOGICA) project, funded by the European Research Council, are calling for policymakers to implement these recommendations in order to render the CEAS fairer for SOGI asylum seekers.

scholarly journals Queering participatory planning

2021 ◽  
pp. 095624782110193
Author(s):  
Vanesa Castán Broto
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Queer Theory ◽  
Political Representation ◽  
Participatory Planning ◽  
Radical Democracy ◽  
Politics Of Identity ◽  
The World ◽  
Participatory Processes ◽  
And Gender

All over the world, people suffer violence and discrimination because of their sexual orientation and gender identity. Queer theory has linked the politics of identity and sexuality with radical democracy experiments to decolonize development. Queering participatory planning can improve the wellbeing of vulnerable sectors of the population, while also enhancing their political representation and participation. However, to date, there has been limited engagement with the politics of sexuality and identity in participatory planning. This paper identifies three barriers that prevent the integration of queer concerns. First, queer issues are approached as isolated and distinct, separated from general matters for discussion in participatory processes. Second, heteronormative assumptions have shaped two fields that inform participatory planning practices: development studies and urban planning. Third, concrete, practical problems (from safety concerns to developing shared vocabularies) make it difficult to raise questions of identity and sexuality in public discussions. An engagement with queer thought has potential to renew participatory planning.

Sign in / Sign up

Export Citation Format

Share Document