Journal article
Publication details
What ‘Safe Harbours’ are There for People Seeking International Protection on Sexual Orientation and Gender Identity Grounds? A Human Rights Reading of International Law of the Sea and Refugee Law
in journal: GenIUS - Rivista di studi giuridici sull'orientamento sessuale e sull'identità di genere
Appears in this special issue:
International Protection and SOGI
Volume number:
Issue number: 2
Release year: 2018
Page range: 9-24
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:
Dublin Regulation, ECHR, International Law of the Sea, International Protection, SOGI minorities, Safe Harbours, Humanitarian Visas and Reception, Treatment on Rescue Boats, International Responsibility and Cooperation with Libya
Dublin Regulation, ECHR, International Law of the Sea, International Protection, SOGI minorities, Safe Harbours, Humanitarian Visas and Reception, Treatment on Rescue Boats, International Responsibility and Cooperation with Libya
Abstract:
In the context of the current Mediterranean ‘crisis’, which led to close harbours to migrants headed to Europe, this paper analyses what a ‘safe harbour’ really means for people claiming asylum on SOGI grounds. To this purpose, it carries out a human rights reading of relevant rules of the international law of the sea and of refugee law, looking also at the extraterritorial application of human rights obligations. Trying to fill a gap in the literature in these fields, it argues that, in light of their migratory experience, granting a ‘safe harbour’ to SOGI claimants requires a more comprehensive reading of the connected notion of ‘place of safety’, at least in terms of routes, destinations and receptions. In particular, if implemented in an effective way and with due diligence, the relevant negative and positive obligations biding EU Member States and the EU may ensure an immediate improvement for this group of claimants’ experience during their travel to, and arrival in, Europe.
In the context of the current Mediterranean ‘crisis’, which led to close harbours to migrants headed to Europe, this paper analyses what a ‘safe harbour’ really means for people claiming asylum on SOGI grounds. To this purpose, it carries out a human rights reading of relevant rules of the international law of the sea and of refugee law, looking also at the extraterritorial application of human rights obligations. Trying to fill a gap in the literature in these fields, it argues that, in light of their migratory experience, granting a ‘safe harbour’ to SOGI claimants requires a more comprehensive reading of the connected notion of ‘place of safety’, at least in terms of routes, destinations and receptions. In particular, if implemented in an effective way and with due diligence, the relevant negative and positive obligations biding EU Member States and the EU may ensure an immediate improvement for this group of claimants’ experience during their travel to, and arrival in, Europe.