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Failures in UK decision-making for women seeking protection from gender-based violence vary depending on the claimant's (purported) sexuality. These failures are attributable, at least in part, to the application of the particular social group Refugee Convention ground which channels claims along two distinct pathways: one path, for women assumed to be straight, focuses on the violence that threatens them; in contrast, for lesbian and bisexual women, the focus is on their sexuality. In either case, the claimant's autonomy and individuality is eclipsed, but different stereotypes come into play depending on her (imputed) sexuality. This article argues that greater use of the political opinion Convention ground, and a holistic, rights-based approach would improve refugee status determination for all women, regardless of their sexuality.

Failures in UK decision-making for women seeking protection from gender-based violence vary depending on the claimant's (purported) sexuality. These failures are attributable, at least in part, to the application of the particular social group Refugee Convention ground which channels claims along two distinct pathways: one path, for women assumed to be straight, focuses on the violence that threatens them; in contrast, for lesbian and bisexual women, the focus is on their sexuality. In either case, the claimant's autonomy and individuality is eclipsed, but different stereotypes come into play depending on her (imputed) sexuality. This article argues that greater use of the political opinion Convention ground, and a holistic, rights-based approach would improve refugee status determination for all women, regardless of their sexuality.

As co-founders and conveners of the Women in Refugee Law (WiRL) network, we are delighted to introduce this Special Issue. The contributors are WiRL members who take forward the network's objectives of recentring the study of refugee women by reviewing the state of protection in domestic jurisdictions and internationally, identifying setbacks to adequate protection for women at risk of persecution, and proposing inclusive ways forward.

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.

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.

International audience ; Developments in Britain reflect a shift from a shallow but widely endorsed multiculturalism to a growing preoccupation with abuses of women in minority cultural groups. Four main issues have been debated in the media and have become the basis of either public policy or legal judgment: forced marriage, honour killing, female genital cutting and women's Islamic dress. The treatment of these issues has often been problematic, with discourses over culture tending to misrepresent minority cultural groups as monolithic entities, and initiatives to protect women becoming entangled with anti-immigration agendas. It has therefore proved hard to address abuses of women without simultaneously promoting stereotypes of culture. The most encouraging signs of resolving these tensions appear where there has been a prior history of women's activism, and a greater willingness on the part of government to draw groups into consultation. We argue that this offers a greater prospect of devising effective initiatives that do not set up multiculturalism in opposition to women's rights.

Developments in Britain reflect a shift from a shallow but widely endorsed multiculturalism to a growing preoccupation with abuses of women in minority cultural groups. Four main issues have been debated in the media and have become the basis of either public policy or legal judgment: forced marriage, honour killing, female genital cutting and women's Islamic dress. The treatment of these issues has often been problematic, with discourses over culture tending to misrepresent minority cultural groups as monolithic entities, and initiatives to protect women becoming entangled with anti-immigration agendas. It has therefore proved hard to address abuses of women without simultaneously promoting stereotypes of culture. The most encouraging signs of resolving these tensions appear where there has been a prior history of women's activism, and a greater willingness on the part of government to draw groups into consultation. We argue that this offers a greater prospect of devising effective initiatives that do not set up multiculturalism in opposition to women's rights.

The literature on feminism and multiculturalism has identified potential conflicts between the recognition of cultural diversity and securing women's equality. Three broad approaches to this dilemma have emerged in the practices of contemporary states: regulation, working with the communities, and exit. Each of these is apparent in current initiatives regarding forced marriage, but the overwhelming emphasis in the UK has been on enabling individuals to exit from the threat or reality of a forced marriage. In assessing these initiatives, this paper highlights the limitations of exit and the danger of moving towards immigration regulation as the preferred solution.

Intro -- Preface -- Contents -- Notes on Contributors -- Part I Setting the Context to Gender and Queer Perspectives on Brexit -- Chapter 1 Brexit: Using Gender and Queer Lenses -- 1 It's not Only About Trade and Migration -- 2 A Myriad of Takes on Brexit -- 3 Setting the Context, Assessing the Impact, Listening to Devolved Voices and Looking Beyond Our Borders -- Bibliography -- Chapter 2 Toxic Masculinity: Militarism, Deal-Making and the Performance of Brexit -- 1 Introduction -- 2 Gendered Studies of Brexit -- 3 Toxic Masculinity: Discourses of Militarism and Deal-Making -- 4 Brexit and the Culture of British Politics -- 5 The Campaign Discourse: 'Make Britain Great Again' -- 6 After the Vote: The Brexiter Worldview Ascendent -- 7 The Consequences of the Militarist and Deal-Making Discourses -- 8 Conclusion: Critical Feminism, Toxic Masculinity, and Brexit -- Bibliography -- Chapter 3 A New World Order? -- 1 Introduction -- 2 A Personal Response -- 3 Conclusion -- Bibliography -- Part II The UK and the EU: What Future Ahead? -- Chapter 4 The Unintended Consequences of Brexit: The Case of Work-Life Balance -- 1 Introduction -- 2 The Concept of Work-Life Balance -- 3 The EU Acquis and the UK Legislation -- Expectant and New Mothers -- Provisions for Fathers, Parents and Carers -- 4 The Post-Brexit Scenario: An Educated Guess -- The Status Quo and the Progressive Scenarios -- The Regressive Scenario -- The EU Acquis: So Much More Than Just Legislation and Case Law -- A Brexit Effect for the EU? -- 5 Conclusions -- Bibliography -- Chapter 5 The Vulnerable, the Dependant and the Scrounger: Intersectional Reflections on Disability, Care, Health and Migration in the Brexit Project -- 1 Introduction -- 2 As a Disabled EU Citizen… -- 3 Trade, Regulations and Funding -- Trade -- Regulations -- Funding.

This collection examines the opportunities and challenges, rights and wrongs, and prospects and risks of Brexit from the perspectives of gender and sexuality. While much has been written about Brexit from legal, political, social and economic perspectives, there has been little analysis of the effects of Brexit on women and gender/sexual minorities who have historically been marginalised and whose voices have been less audible in political debates - both nationally and at the European level. The collection explores how Brexit might change the equality, human rights and social justice landscape, but from the viewpoint of women and gender/sexual minorities. The contributions gathered in it demonstrate the variety of ways that Brexit will make a difference to the lives of women and individuals marginalised because of gender or sexual identity.--