Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.

In a world that still persecutes, marginalises and discriminates LGBTQI+ individuals, and where asylum seekers and refugees are denied rights and have their basic humanity violated, this publication intends to understand the asylum policies the German government develops specifically tailored to the needs of LGBTQI+ asylum seekers and refugees and whether the literature has addressed the implementation of such policies across the European continent. LGBTQI+ asylum is a rather new field of research. Among the European states, Germany has been more open to asylum than other states in the continent and has received the world's highest number of asylum seekers between 2010 and 2019, which justifies the interest in researching the asylum policies in place in that state beyond investigating the European scenario in general. The research combines theoretical and empirical analyses, as well as a systematic literature review in order to create a framework of protection and rights across the Europan continent. States in general still seem to lack social inclusion policies, as discrimination, homophobia, transphobia, and xenophobia are generalised social issues that permeates many European states. This publication hopes such a summary of European good practices and literature suggestions is taken into consideration by states around the world in order to make sure they are addressing LGBTQI+ asylum in an appropriate manner that respects individuals' personal characteristics and humanity.

This book draws on the analytic and political dimensions of queer, alongside the analytic and political usefulness of emotion, to navigate legal interventions aimed at progressing the rights of LGBT people. Scholars, activists, lawyers, and judges concerned with eliminating violence and discrimination against LGBT people have generated passionate conversations about pursuing law reform to make LGBT injuries, intimacies, and identities visible, while some challenge the ways legal systems marginalise queer minorities. Senthorun Sunil Raj powerfully contributes to these ongoing conversations by using emotion as an analytic frame to reflect on the ways case law seeks to "progress" the intimacies and identities of LGBT people from positions of injury. This book catalogues a range of cases from Australia, the United States, and the United Kingdom to unpack how emotion shapes the decriminalisation of homosexuality, hate crime interventions, anti-discrimination measures, refugee protection, and marriage equality. While emotional enactments in pro-LGBT jurisprudence enable new forms of recognition and visibility, they can also work, paradoxically, to cover over queer intimacies and identities. Raj innovatively shows that reading jurisprudence through emotions can make space in law to affirm, rather than disavow, intimacies and identities that queer conventional ideas about "LGBT progress", without having to abandon legal pursuits to protect LGBT people. This book will be of interest to students and scholars of human rights law, gender and sexuality studies, and socio-legal theory.

Homophobia exists in many different forms across Europe. Member States offer uneven levels of legal protection for lesbian and gay rights; at the same time the social meanings and practices relating to homosexuality are culturally distinct and intersect in complex ways with gender, class and ethnicity in different national contexts. The essays in this volume illustrate the findings of a European project on homophobia and fundamental rights in which sociologists and legal experts have analysed the position in four Member States: Italy, Slovenia, Hungary and the UK. The first part of the book investigates the sociological dimensions of homophobia through qualitative methods involving both heterosexual and self-defined lesbian and gay respondents, including those in ethnic communities. The aim is to understand how homophobia and homosexuality are defined and experienced in the everyday life of participants. The second part is devoted to a legal analysis of how homophobia is reproduced 'in law' and how it is confronted 'with law'. The analysis examines statute and case law; 'soft law'; administrative practices; the discussion of bills within parliamentary committees; and decisions of public authorities. Among the areas discussed are 'hate crimes' and 'hate speech'; education at all levels; free movement, immigration and asylum; and cross-border reproductive services. Please note that this book is also available as a free PDF download. For further information please click on the link below: www.citidive.eu/en/rapporti-e-prodotti/.

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.

One of TIME's 100 Must-Read Books of 2020. Longlisted for the 2021 Rathbones Folio Prize. "[Mark] Gevisser is clear-eyed and wise enough to have a sharp sense of how tough the struggle has been, and how hard it will be now for those who have not succeeded in finding shelter from prejudice." --Colm Tóibín, The Guardian A groundbreaking look at how the issues of sexuality and gender identity divide and unite the world today More than seven years in the making, Mark Gevisser’s The Pink Line: Journeys Across the World’s Queer Frontiers is an exploration of how the conversation around sexual orientation and gender identity has come to divide—and describe—the world in an entirely new way over the first two decades of the twenty-first century. No social movement has brought change so quickly and with such dramatically mixed results. While same-sex marriage and gender transition are celebrated in some parts of the world, laws are being strengthened to criminalize homosexuality and gender nonconformity in others. As new globalized queer identities are adopted by people across the world—thanks to the digital revolution—fresh culture wars have emerged. A new Pink Line, Gevisser argues, has been drawn across the globe, and he takes readers to its frontiers. Between sensitive and sometimes startling profiles of the queer folk he’s encountered along the Pink Line, Gevisser offers sharp analytical chapters exploring identity politics, religion, gender ideology, capitalism, human rights, moral panics, geopolitics, and what he calls “the new transgender culture wars.” His subjects include a Ugandan refugee in flight to Canada, a trans woman fighting for custody of her child in Moscow, a lesbian couple campaigning for marriage equality in Mexico, genderqueer high schoolers coming of age in Michigan, a gay Israeli-Palestinian couple searching for common ground, and a community of kothis—“women’s hearts in men’s bodies”—who run a temple in an Indian fishing village. What results is a moving and multifaceted picture of the world today, and the queer people defining it. Eye-opening, heartfelt, expertly researched, and compellingly narrated, The Pink Line is a monumental—and urgent—journey of unprecedented scope into twenty-first-century identity, seen through the border posts along the world’s new LGBTQ+ frontiers.