Journal article
Publication details
Reforming the Common European Asylum System: enough rainbow for queer asylum seekers?
in journal: GenIUS - Rivista di studi giuridici sull'orientamento sessuale e sull'identita' di genere
Appears in this special issue:
Protezione internazionale e SOGI
Volume number:
Issue number: 2
Release year: 2018
Page range: 25-42
Author(s) details
Publication description
Link to the publication on the Publisher’s catalogue
http://www.articolo29.it/genius/
http://www.articolo29.it/genius/
Content available online here:
http://www.articolo29.it/wp-content/uploads/2018/11/genius-2018-02.pdf
http://www.articolo29.it/wp-content/uploads/2018/11/genius-2018-02.pdf
Keywords:
Common European Asylum System, EU Asylum Law, European Union Law, Gender identity, refugee law, Sexual orientation
Common European Asylum System, EU Asylum Law, European Union Law, Gender identity, refugee law, Sexual orientation
Abstract:
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: accelerated procedures; 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, and these also affect SOGI asylum claims in precise and acute ways. This contribution scrutinises these proposals of reform, including the different positions of the Commission, Parliament and Council, where relevant. In particular, this contribution will assess the extent to which these proposals and different institutional positions address, ignore or aggravate the issues that currently affect SOGI asylum seekers.
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: accelerated procedures; 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, and these also affect SOGI asylum claims in precise and acute ways. This contribution scrutinises these proposals of reform, including the different positions of the Commission, Parliament and Council, where relevant. In particular, this contribution will assess the extent to which these proposals and different institutional positions address, ignore or aggravate the issues that currently affect SOGI asylum seekers.