Almeida Ferreira, ‘“A glass half full”?’, 2015
- Category: Literature
- Source: Academic
- Subject: Sexual Orientation/Sexuality, Gender Identity, Intersex, Refugee/Asylum, Human Rights, LGBT+
- Place: International
- Year: 2015
- File: file137118.
- URL: http://arno.uvt.nl/show.cgi?fid=137118
Gabriel Almeida Ferreira, ‘“A glass half full”? The Harmonization of the EU Asylum System on LGBTI Asylum Claims and its Conformity with International Refugee Law and Human Rights Standards’, Tilburg University, 2015
Abstract
Thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals apply for international protection in the European Union (EU) each year due to fear of persecution on the basis of their sexual orientation and/or gender identity. Scholars and international organizations have identified many problems faced by LGBTIs during their asylum process in the EU. The level of protection of the fundamental rights of LGBTI asylum-seekers (including the right to asylum) depends to a large extent on the content of EU harmonization on LGBTI asylum claims. For this reason, the major objective of this thesis is to assess whether EU harmonization on LGBTI asylum claims is in full conformity with International Refugee Law and human rights standards. This critical assessment allows for the identification of substantive and procedural points of discord between EU’s approach and International Refugee Law and human rights standards. In conclusion, this thesis highlights that EU harmonization on LGBTI asylum claims is not in full conformity with International Refugee Law and human rights standards.