Suchergebnisse

In the context of the current Mediterranean 'crisis' and ongoing negotiations of migration policies at national and European Union (EU) level, this Issue explores some of the problematic aspects raised by sexual orientation and gender identity (SOGI) asylum claims. Going beyond the studies available in this field, which are often focused only on the refugee status determination, the contributions published in this Issue scrutinise the entire process of claiming asylum undertaken by SOGI claimants. Adopting different perspectives based on international, EU and domestic law, all authors advance appropriate proposals to overcome the legal obstacles that prevent, to this day, the protection of SOGI claimants and the full enjoyment of their human rights in Europe.

Asylum seekers making claims relating to their sexual orientation and gender identity often face unfair refusal. New guidance from the Immigration and Refugee Board of Canada takes admirable steps towards improving claims assessment, and offers a model for practitioners elsewhere.

This study uses Queer Theory to explore the inconsistencies in South Africa's approach to the international protection of people of non-normative sexual orientations and gender identities (SOGI). It seeks to understand why South Africa's support for SOGI rights in the international system has been inconsistent, by answering the following question: How can we understand South Africa's inconsistent approach to sexual orientation and gender identity (SOGI) rights in the United Nations using Queer Theory? Using queer critical discourse analysis and Weber's queer logics of statecraft (Weber, 2016a; 2016b), SOGI rights discourses were studied at three levels. Firstly, the genesis of SOGI rights adoption within the post-apartheid South African policy and legislative frameworks. Secondly, providing contextual background, across the African continent since 1994. Thirdly, within dedicated SOGI debates at the UN General Assembly and UN Human Rights Council since 2011, focussing on South African and African Group contributions. This analysis determined that SOGI rights have been challenged by claims of cultural, historical and religious traditions, which on the African continent have been framed as un-African and a rejection of neocolonialism from the global North. Despite the fallacy of this un-African claim, it has impacted on South Africa as it sought to re-establish its Africanness and anti-neocolonial credentials whilst also promoting its moral leadership on human rights. It has further been established that the South African approach to SOGI rights was informed by the demands of local rather than international SOGI rights NGOs. This approach has disappointed those who anticipate the Western model of SOGI rights promotion, which South Africa has critiqued for its coercive and counter-productive punitive measures. By using Queer Theory, this study concluded that South Africa's identity can be understood beyond monolithic binaries, that South Africa's support for SOGI rights in the UN has endeavoured to find a balance ...

This article addresses the concern that decision-making in sexual orientation or gender identity (SOGI) asylum claims in Europe is often unfair, and that one way to remedy this is by improving the guidance provided to decision-makers when interpreting the Refugee Convention in respect of these claims. We begin by interrogating a number of different decision-making guidelines and models to assess whether they contribute to a fairer asylum system. We show that, for claims based on SOGI, success invariably depends on the decision-maker's assessment as to whether a claimant is, or would be perceived in their home country to be, a member of a SOGI minority, and so belongs to a Particular Social Group. Such focus risks neglecting analysis of the actual risk of persecution. We set out our own recommendation for a fairer approach based on prioritising SOGI-specific Country of Origin Information (COI) and the risk of persecution, rather than focusing on whether applicants are 'genuinely' members of a SOGI minority. We argue that this will lead to fairer outcomes that are less likely to be overturned on appeal and more consistent with the Refugee Convention's spirit and letter.

The US government was a late adopter of support and advocacy for international sexual orientation and gender identity (SOGI) human rights. Although US support for SOGI human rights did not begin in the Obama administration, after 2011 such support was expanded, publicized, and institutionalized. Since the 2016 presidential election, many international and grassroots LGBTQI human rights activists have expressed concern about the prospects for US SOGI advocacy in the Trump administration. No definitive policy changes have been made public, but clues to the future of US advocacy for SOGI can be found in a variety of sites. These include the discourse and policy articulations of the secretary and human rights officials in the State Department as well as those of legislators who fund human rights programs and exercise oversight over it.

Abstract
The article proposes a political ethnography of lesbian, gay, bisexual, trans and intersex (LGBTI) asylum founded on a fieldwork (2017–19) in an associative and activist context that supports LGBTI asylum applicants. Through the analysis of the narratives mobilized and produced during the interviews between asylum applicants and institutional agents in charge of receiving and assessing the requests for international protection, the article explores the institutional uses of the SOGI framework. The hypothesis that the article puts forward is that, far from concerning exclusively a confrontation/dispute among models of sexual orientation and gender identity, these interactions actually bring forth a logic of exchange of moral goods (vulnerability, feelings of shame and fear, identity, narratives). Given the impossibility for LGBTI asylum applicants to produce probatory documentation, this study exposes the strategies for determining legitimate from illegitimate LGBTI migrant subjects, 'good' from 'bad' migrant stories, and, therefore, the political and moral dimension of the institutional work and the grant of the right of asylum.

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- List of Illustrations -- Figure -- Tables -- List of Contributors -- Foreword -- List of Abbreviations -- Chapter 1: Introduction: SOGI Minorities -- SOGI Minorities and LGBTQ -- History of SOGI Minorities -- Research on SOGI Minorities -- SOGI Minority Youth -- Research of School and SOGI Minorities -- SOGI Minorities in Asian Contexts -- An Overview of the Following Chapters -- References -- Chapter 2: Sexual Orientation and Gender Identity and School Life in Japan -- Introduction -- Minorities in Japanese Society -- Sexual Orientation and Gender Identity in Japanese Society -- Historical Background -- Sexual Orientation: Current Social Situation -- Gender Identity: Current Social Situation -- LGBTQ+ Advocacy -- Various Issues in Japanese Schools -- SOGI and School Life in Japan -- Historical Background on School Settings -- Sexual Orientation: Current School Settings -- Gender Identity: Current School Settings -- Teachers' Knowledge of and Response to SOGI Issues in Schools -- LGBTQ+ in School Settings: Hope for the Future -- Research on SOGI and School Life in Japan -- Self-Esteem -- Identity Development -- Research on the Whole Student (Classroom and School) -- Emerging Practices in Japanese Schools -- Primary Prevention: Educating Teachers -- Primary Prevention: Good Practices in School Settings -- Secondary and Tertiary Prevention: Practices of Psychological Support -- Activities in the Community -- Further Challenges -- References -- Chapter 3: Sexual Orientation and Gender Identity and School Life in Mainland China -- Introduction -- Minorities in Mainland Chinese Society -- Sexual Orientation and Gender Identity in Mainland Chinese Society -- Historical Background -- Sexual Orientation: Current Social Situation -- Gender Identity: Current Social Situation.