Kizitos Charlos Okisai, ‘Sexual Orientation and Gender Identity Asylum Claims and Refugee Protection Under South African Law’, 2015
- Category: Literature
- Source: Academic
- Subject: Sexual Orientation/Sexuality, Gender Identity, Refugee/Asylum, Human Rights, LGBT+
- Place: Africa
- Year: 2015
- URL: https://repository.up.ac.za/bitstream/handle/2263/46231/Okisai_Sexual_2015.pdf%3Bsequence=1
Kizitos Charlos Okisai, ‘Sexual Orientation and Gender Identity Asylum Claims and Refugee Protection Under South African Law’, 14 January 2015
Abstract
The South African Constitution and legislation provide for granting of asylum and protection for refugees who have fled into South Africa because of persecution based on their sexual orientation or gender identity. International human rights law recognises the right the right to seek asylum and to be protected from persecution. There is growing consensus within the field of international human rights and refugee law that persecution based on one’s sexual orientation or gender identity is a basis upon which refugee status and protection should be granted. South Africa’s legal regime is therefore, consistent with emerging international human rights standards and reflects the Republic’s consciousness to its obligations towards the protection of asylum seekers and refugees.