This open access book examines asylum from a socio-legal and human rights perspective
Discusses asylum claims relating to sexual orientation or gender identity
Provides policy recommendations in the national asylum adjudication systems
Part of the book series: IMISCOE Research Series (IMIS)
Table of contents (11 chapters)
Contextualising SOGI Asylum Research
The Legal and Social Experiences of SOGI Asylum Claimants and Refugees
Forging a New Future for SOGI Asylum in Europe
About this book
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.
- Open access
- Sexual orientation or gender identity (SOGI)
- European asylum systems
- Homophobia and transphobia
- SOGI-related asylum claims
- Human rights violations
- Law, policy and practice
- Migration and integration
- Sexual diversity
This ambitious volume presents a wealth of research. Anchored in theory as well as in the stories of SOGI asylum seekers and refugees, the book admirably blends concepts, frames and insights of refugee law and policy, with human rights as well as feminist and queer studies. It offers sophisticated scholarly analysis as well as policy recommendations. It is likely to become a key reference in this field.
I find the publication of this book, which explores the social and legal experiences of people across Europe claiming international protection on the basis of their sexual orientation or gender identity (SOGI), particularly timely and appropriate. The European Court of Human Rights is regularly confronted with this kind of issues. A recent case, still pending before the Court (B. v. Switzerland, no. 43987/16), concerns the alleged risk of treatment in breach of Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights faced by a homosexual man in the event of his being returned to Gambia. The Court gave notice of the application to the Swiss Government and put questions to the parties under Article 3 of the Convention. No doubt the material collected in the book is certainly helpful when dealing with this kind of sensitive cases, not only at the level of the European Court, but also for national judges, who are clearly on the frontline in this connection.
Authors and Affiliations
School of Law, Politics and Sociology, University of Sussex, Brighton, UK
Carmelo Danisi, Moira Dustin, Nuno Ferreira, Nina Held
Department of Political and Social Sciences, University of Bologna, Bologna, Italy
About the authors
Dr Carmelo Danisi is Adjunct Professor and Research Fellow in International Law at the University of Bologna (Italy) and Visiting Research Fellow at the University of Sussex (UK). After a PhD scholarship in Democracy and Human Rights (2009-2012), he joined the University of Bologna as a post-doc fellow in International and European Law (2012-2015). He was Endeavour Research Fellow at the Australian National University with a project on the principle of the best interests of the child in the context of migration (2015) and SOGICA Research Fellow at the University of Sussex (2016-2020). He is the author of a number of publications in the field of international human rights law, especially in relation to non-discrimination and migration in the framework of the ECHR and the EU.
Dr Moira Dustin is a Lecturer in the School of Law, Politics and Sociology, where she also leads on Knowledge Exchange and Engagement for the School. She joined the University of Sussex as a Research Fellow in 2016 working on the European Research Council project SOGICA - Sexual Orientation and Gender Identity Claims of Asylum: A European human rights challenge (2016-2020). Moira has a PhD in Gender Studies from the London School of Economics where she is a Visiting Fellow at the Centre for Analysis of Social Exclusion (CASE). Before joining the University of Sussex, she was Director of Research and Communications at the Equality and Diversity Forum, a network of equality and human rights organisations, where she coordinated the Equality and Diversity Research Network. Moira has also worked at the Refugee Council, providing advice and information and developing national services for refugees and asylum-seekers. She has worked as a freelance sub-editor on the Guardian and Independent newspapers and was the Information Worker for the Carnegie Inquiry into the Third Age.
Professor Nuno Ferreira is a Professor of Law at the University of Sussex. Previously, he was a Senior Lecturer at the University of Liverpool (2012-2016) and Lecturer at the University of Manchester (2006-2012). He has also been a Visiting Professor at Wuhan University (China) and the School of Law of the University of Lisbon (Portugal). Nuno did his undergraduate law studies at the University of Coimbra (Portugal) and University of Bologna (Italy). He worked as a legal consultant at the Legal Affairs and Litigation Department of the Portuguese Securities Market Commission and as a research fellow at the Centre of European Law and Politics at the University of Bremen.
Dr Nina Held is a Teaching Fellow in Sociology at the University of Sussex. From 2016-2020 she worked as a post-doctoral researcher on the ERC-funded project SOGICA - Sexual Orientation and Gender Identity Claims of Asylum: A Human Rights Challenge. She has a PhD in Women's Studies from the Centre for Gender and Women’s Studies at Lancaster University (2011). Before joining Sussex, Nina worked as Centre Co-ordinator at Freedom from Torture and as Development Worker at Trafford Rape Crisis. For seven years, she was the chair and a volunteer for the Lesbian Immigration Support Group in Manchester.
Book Title: Queering Asylum in Europe
Book Subtitle: Legal and Social Experiences of Seeking International Protection on grounds of Sexual Orientation and Gender Identity
Authors: Carmelo Danisi, Moira Dustin, Nuno Ferreira, Nina Held
Series Title: IMISCOE Research Series
Publisher: Springer Cham
eBook Packages: Social Sciences, Social Sciences (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2021
License: CC BY
Hardcover ISBN: 978-3-030-69440-1Published: 01 September 2021
Softcover ISBN: 978-3-030-69443-2Published: 01 September 2021
eBook ISBN: 978-3-030-69441-8Published: 31 August 2021
Series ISSN: 2364-4087
Series E-ISSN: 2364-4095
Edition Number: 1
Number of Pages: XXII, 487
Number of Illustrations: 14 b/w illustrations
Topics: Human Migration, Human Rights, Migration Policy, Gender Studies