Hinger, ‘Finding the Fundamental’, 2010

Category: Literature
Source: Academic
Subject: Sexual Orientation/Sexuality, Gender Identity, Refugee/Asylum
Place: Americas
Year: 2010
File: <a href="https://www.sogica.org/wp-content/uploads/2019/08/19ColumJGenderL367.pdf">19ColumJGenderL367
URL: <a href="https://cjgl.cdrs.columbia.edu/article/finding-the-fundamental-shaping-identity-in-gender-and-sexual-orientation-based-asylum-claims/">https://cjgl.cdrs.columbia.edu/article/finding-the-fundamental-shaping-identity-in-gender-and-sexual-orientation-based-asylum-claims/

Sarah Hinger, ‘Finding the Fundamental: Shaping Identity in Gender and Sexual Orientation based Asylum Claims’, Columbia Journal of Gender & Law, 19, 2010

Abstract

Within the United States and globally, gender and sexual orientation form the basis of an increasing number of rights claims and protections. Both grounds, which reflect the expanding notions and challenges of identity-based rights, have been incorporated into United States asylum law with varying success. The extension of asylum to include some claims based on gender and sexual orientation has real and immediate significance for many individuals. However, securing protection in an individual case sometimes creates precedents that make it more difficult to prevail in future asylum claims, and that limit conceptions of gender and sexual orientation within the broader movement for human rights.