The Sexual Politics of Asylum


Book Description

Today within neoliberal democracies, gender and sexuality provisions give people the opportunity of being granted social and legal protection. But how does the asylum system intervene within claimants’ understandings of themselves and in what ways does this affect their livelihoods in the country of arrival? The Sexual Politics of Asylum emerges from a 2 year long ethnography, which explores the experiences of 60 gender and sexual minority refugees in the UK. Bringing previously unheard stories to the forefront, this enlightening volume challenges dominant notions about the construction of sexuality and gender as an instrument for claiming rights in a world shaped by postcolonial relations. Giametta first examines why the migratory experience of the studied migrants is located within a set of humanitarian-inflected discourses that privilege suffering and trauma. This is then followed by an assessment of the respondents’ biographical accounts, which consequently uncovers how being situated in liminal socio-political and legal interstices produces precarious forms of life. Whilst the topic of asylum for gender and sexual minorities has attracted wide media coverage over the past decade, there persists a lack of academic attention to the complex experiences of these refugees. As such, this timely book will be of interest to undergraduate and postgraduate students interested in human rights, sociology, anthropology, migration, sexuality, gender and cultural studies, as well as people working within the refugee granting process.




Gendered Asylum


Book Description

Women filing gender-based asylum claims long faced skepticism and outright rejection within the United States immigration system. Despite erratic progress, the United States still fails to recognize gender as an established category for experiencing persecution. Gender exists in a sort of limbo segregated from other aspects of identity and experience. Sara L. McKinnon exposes racialized rhetorics of violence in politics and charts the development of gender as a category in American asylum law. Starting with the late 1980s, when gender-based requests first emerged in case law, McKinnon analyzes gender- and sexuality-related cases against the backdrop of national and transnational politics. Her focus falls on cases as diverse as Guatemalan and Salvadoran women sexually abused during the Dirty Wars and transgender asylum seekers from around the world fleeing brutally violent situations. She reviews the claims, evidence, testimony, and message strategies that unfolded in these legal arguments and decisions, and illuminates how legal decisions turned gender into a political construct vulnerable to American national and global interests. She also explores myriad related aspects of the process, including how subjects are racialized and the effects of that racialization, and the consequences of policies that position gender as a signifier for women via normative assumptions about sex and heterosexuality. Wide-ranging and rich with human detail, Gendered Asylum uses feminist, immigration, and legal studies to engage one of the hotly debated issues of our time.




LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective


Book Description

This book addresses the ‘three moments’ in lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers’ and refugees’ efforts to secure protection: The reasons for their flight, the Refugee Status Determination process, and their integration into the host community once they are recognized refugee status.The first part discusses one of the most under-researched areas within the literature devoted to asylum claims based on sexual orientation and gender identity, namely the reasons behind LGBTI persons’ flight. It investigates the motives that drive LGBTI persons to leave their countries of origin and seek sanctuary elsewhere, the actors of persecution, and the status quo of LGBTI rights. Accordingly, an intersectional approach is employed so as to offer a comprehensive picture of how a host of factors beyond sexual orientation/gender identity impact this crucial first stage of LGBTI asylum seekers’ journey.In turn, the second part explores the challenges that LGBTI asylum seekers face during the RSD process in countries of asylum. It first examines these countries’ interpretations and applications of the process in relation to the relevant UNHCR guidelines and questions the challenges including the dominance of Western conceptions and narratives of sexual identity in the asylum procedure, heterogeneous treatment concerning the definition of a particular social group, and the difficulties related to assessing one’s sexual orientation within the asylum procedure. It subsequently addresses the reasons for and potential solutions to these challenges.The last part of the book focuses on the integration of LGBTI refugees into the countries of asylum. It first seeks to identify and describe the protection gaps that LGBTI refugees are currently experiencing, before turning to the reasons and potential remedies for them.




Queer Migration and Asylum in Europe


Book Description

Europe is a popular destination for LGBTQ people seeking to escape discrimination and persecution. Yet, while European institutions have done much to promote the legal equality of sexual minorities and a number of states pride themselves on their acceptance of sexual diversity, the image of European tolerance and the reality faced by LGBTQ migrants and asylum seekers are often quite different. To engage with these conflicting discourses, Queer Migration and Asylum in Europe brings together scholars from politics, sociology, urban studies, anthropology and law to analyse how and why queer individuals migrate to or seek asylum in Europe, as well as the legal, social and political frameworks they are forced to navigate to feel at home or to regularise their status in the destination societies. The subjects covered include LGBTQ Latino migrants’ relationship with queer and diasporic spaces in London; diasporic consciousness of queer Polish, Russian and Brazilian migrants in Berlin; the role of the Council of Europe in shaping legal and policy frameworks relating to queer migration and asylum; the challenges facing bisexual asylum seekers; queer asylum and homonationalism in the Netherlands; and the role of space, faith and LGBTQ organisations in Germany, Italy, the UK and France in supporting queer asylum seekers.




The Sexual Politics of Asylum


Book Description

Today within neoliberal democracies, gender and sexuality provisions give people the opportunity of being granted social and legal protection. But how does the asylum system intervene within claimants’ understandings of themselves and in what ways does this affect their livelihoods in the country of arrival? The Sexual Politics of Asylum emerges from a 2 year long ethnography, which explores the experiences of 60 gender and sexual minority refugees in the UK. Bringing previously unheard stories to the forefront, this enlightening volume challenges dominant notions about the construction of sexuality and gender as an instrument for claiming rights in a world shaped by postcolonial relations. Giametta first examines why the migratory experience of the studied migrants is located within a set of humanitarian-inflected discourses that privilege suffering and trauma. This is then followed by an assessment of the respondents’ biographical accounts, which consequently uncovers how being situated in liminal socio-political and legal interstices produces precarious forms of life. Whilst the topic of asylum for gender and sexual minorities has attracted wide media coverage over the past decade, there persists a lack of academic attention to the complex experiences of these refugees. As such, this timely book will be of interest to undergraduate and postgraduate students interested in human rights, sociology, anthropology, migration, sexuality, gender and cultural studies, as well as people working within the refugee granting process.




Gender in Refugee Law


Book Description

Questions of gender have strongly influenced the development of international refugee law over the last few decades. This volume assesses the progress toward appropriate recognition of gender-related persecution in refugee law. It documents the advances made following intense advocacy around the world in the 1990s, and evaluates the extent to which gender has been successfully integrated into refugee law. Evaluating the research and advocacy agendas for gender in refugee law ten years beyond the 2002 UNHCR Gender Guidelines, the book investigates the current status of gender in refugee law. It examines gender-related persecution claims of both women and men, including those based on sexual orientation and gender identity, and explores how the development of an anti-refugee agenda in many Western states exponentially increases vulnerability for refugees making gendered claims. The volume includes contributions from scholars and members of the advocacy community that allow the book to examine conceptual and doctrinal themes arising at the intersection of gender and refugee law, and specific case studies across major Western refugee-receiving nations. The book will be of great interest and value to researchers and students of asylum and immigration law, international politics, and gender studies.




Sorting Sexualities


Book Description

Introduction -- Kissing cousins : queerness, crime, and knowing -- Seeing sexuality like a state -- Forensic psychology, complicit expertise, and the legitimation of law -- Insurgent expertise and the hybrid network of LGBTQ asylum -- Asylum seekers and signs of queerness -- Sex offenders and the detection of deviance -- Queer subjects and the construction of risky countries -- Sexual predators and the constitution of dangerous individuals -- Conclusion : sexuality, science, and citizenship in the twenty-first century.




Queering Asylum in Europe


Book Description

This two-volume open-access book offers a theoretically and empirically-grounded portrayal of the experiences of people claiming international protection in Europe on the basis of their sexual orientation or gender identity (SOGI). It shows how European asylum systems might and should treat asylum claims based on people’s SOGI in a fairer, more humane way. Through a combined comparative, interdisciplinary (socio-legal), human rights, feminist, queer and intersectional approach, this book examines not only the legal experiences of people claiming asylum on grounds of their SOGI, but also their social experiences outside the asylum decision-making framework. The authors analyse how SOGI-related claims are adjudicated in different European frameworks (European Union, Council of Europe, Germany, Italy and UK) and offer detailed recommendations to adequately address the intersectional experiences of individuals seeking asylum. This unique approach ensures that the book is of interest not only to researchers in migration and refugee studies, law and wider academic communities, but also to policy makers and practitioners in the field of SOGI asylum.




Sexuality, Citizenship and Belonging


Book Description

This book brings together a diverse range of critical interventions in sexuality and gender studies, and seeks to encourage new ways of thinking about the connections and tensions between sexual politics, citizenship and belonging. The book is organized around three interlinked thematic areas, focusing on sexual citizenship, nationalism and international borders (Part 1); sexuality and "race" (Part 2); and sexuality and religion (Part 3). In revisiting notions of sexual citizenship and belonging, contributors engage with topical debates about "sexual nationalism," or the construction of western/European nations as exceptional in terms of attitudes to sexual and gender equality vis-à-vis an uncivilized, racialized "Other." The collection explores macro-level perspectives by attending to the geopolitical and socio-legal structures within which competing claims to citizenship and belonging are played out; at the same time, micro-level perspectives are utilized to explore the interplay between sexuality and "race," nation, ethnicity and religious identities. Geographically, the collection has a prevalently European focus, yet contributions explore a range of trans-national spatial dimensions that exceed the boundaries of "Europe" and of European nation-states.




Gendered Harm and Structural Violence in the British Asylum System


Book Description

Winner of the 2018 British Society of Criminology Book Prize Britain is often heralded as a country in which the rights and welfare of survivors of conflict and persecution are well embedded, and where the standard of living conditions for those seeking asylum is relatively high. Drawing on a decade of activism and research in the North West of England, this book contends that, on the contrary, conditions are often structurally violent. For survivors of gendered violence, harm inflicted throughout the process of seeking asylum can be intersectional and compound the impacts of previous experiences of violent continuums. The everyday threat of detention and deportation; poor housing and inadequate welfare access; and systemic cuts to domestic and sexual violence support all contribute to a temporal limbo which limits women’s personal autonomy and access to basic human rights. By reflecting on evidence from interviews, focus groups, activist participation and oral history, Gendered Harm and Structural Violence provides a unique insight into the everyday impacts of policy and practice that arguably result in the infliction of further gendered harms on survivors of violence and persecution. Of interest to students and scholars of criminology, zemiology, sociology, human rights, migration policy, state violence and gender, this book develops on and adds to the expanding literatures around immigration, crimmigration and asylum.