Danisi and Ferreira, ‘Queering Asylum… or Human Rights in Europe?’, 2021

Carmelo Danisi and Nuno Ferreira, ‘Queering Asylum… or Human Rights in Europe?’, ADiM Blog, Editorial, 28 February 2021

Abstract

After 70 years since the conclusion of the Convention relating to the status of refugees, the process of ‘queering’ asylum law is beyond doubt, as we have explored in The Oxford Handbook of International Refugee Law(Chapter 4). This process of ‘queering’ asylum law has certainly reached its highest peak in Europe, where the needs of people claiming asylum on grounds of sexual orientation and gender identity (SOGI) are increasingly taken into account in law and practice. Yet, a four-year research project carried out across the EU has found that a range of issues remain problematic, or even unaddressed, in this field. These include: the lack of information on SOGI as grounds to claim international protection at arrival to Europe; the lack of specific procedural arrangements, including the choice of the interviewer and of the interpreter, and of appropriate reception conditions; a persistent culture of disbelief and the use of stereotypical views on sexual and gender minorities during the adjudication process of asylum claims; and the misuse and low quality of Country of Origin Information. Some of these problems could be addressed in the context of the current reform of EU asylum law, given the need to improve the Common European Asylum System in this respect. However, such a reform might not be enough, especially if we consider the evolution of European human rights law in relation to SOGI asylum.