Journal article

Publication details

Portuguese refugee law in the European context: the case of sexuality-based claims
in journal: International Journal of Refugee Law

Volume number: 27
Issue number: 3
Release year: 2015
Page range: 411-432

Author(s) details

Nuno Ferreira
Professor of Law - University of Sussex

Publication description

Link to the publication on the Publisher’s catalogue
asylum, migration, sexuality, Human Rights, European Convention on Human Rights, European Court of Human Rights, european union, European Union Law, Sexual orientation, Gender identity, portugal
Portugal’s migration history has been extensively explored in academic literature, including in legal scholarship. Yet, very little attention has so far been directed towards Portuguese refugee law. This may be due to the relatively low number of asylum seekers that Portugal receives, but that does not justify neglecting the study of the Portuguese socio-legal framework applicable to asylum seekers and refugees. This article addresses this gap by analyzing the framework in a European context, enhancing the analysis with a case study of lesbian, gay, bisexual, transsexual, and intersex (LGBTI) asylum seekers. The analysis explores the evolution of the current legal framework, the procedures and remedies available to asylum seekers, the substantive standards applied in decision making, and the broader socio-legal resources offered to asylum seekers. Several shortcomings and possible avenues of improvement are also identified.