Løvlie, ‘Proving innate queerness’, 2023

Halvor Hansen Løvlie, ‘Proving innate queerness: The European Union’s conferral of SOGIE asylum seekers’, Master’s Thesis, Political Science, University of Oslo, 2023

Abstract

This thesis critically examines the Common European Asylum System’s (CEAS) treatment of sexual orientation, gender identity, and/or gender expression (SOGIE) in asylum claims. Aligned with international refugee law, the CEAS, despite positive improvements, relies on a long established, essentialist logic requiring proof of particular social group membership. The ensuing credibility assessment, focused on proving innate LGBTQIA+ identity, has faced extensive criticism for, amongst other things, its heteronormativity and stereotyping. This paper arguesthat, upon closer inspection, the prior literature has pointed to mere contingent flaws of the regime. It then applies tools from political theory to highlight two intrinsic flaws, which, in turn, points to a more fundamental reimagining of the assessment strategy. These intrinsic flaws are the lack of internal epistemic value of an assessment of inherently indemonstrable properties, and the way in which the current iteration of the EUCA holds a priority of fairness that undermines what ought to be considered fundamental respect. In doing so, the paper highlights a fairness dilemma, and attempts to rectify a conflict of values that ought to be complimentary. Advocating for a well-functioning asylum system, the paper identifies intrinsic flaws in the EU credibility assessment, calling for a recalibration of values toward a risk-focused approach. This recalibration, recognizing intrinsic flaws, envisions a more respectful and effective CEAS, in line with refugee protection principles and international human rights.