The concealment controversy sexual orientation, discretion reasoning and the scope of refugee protection Janna Wessels

Format:

Book

Author/Creator:

Wessels, Janna, author.

Language:

English

Subjects (All):

Sexual minority political refugees--Legal status, laws, etc.

Sexual minority political refugees.

Asylum, Right of.

Sexual minority political refugees--Legal status, laws, etc--Europe.

Europe.

LGBTQ+ asylum seekers.

LGBTQ+ people.

Physical Description:

1 online resource

Place of Publication:

Cambridge, United Kingdom New York, NY Cambridge University Press [2021]

Summary:

"The book explores the concealment controversy in refugee law. The idea that a claim for international protection can be rejected on the basis that the claimant behave 'discreetly' ('discretion' reasoning) in their country of origin has remained resilient in asylum claims based on sexual orientation, but also other grounds of claim. This is significant because requiring an asylum-seeker to forgo the reason for which they are persecuted questions the very rationale of refugee protection. Seeking out both the shapes and the origins of 'discretion' reasoning, the central puzzle that this book addresses is the resilience of this phenomenon. Why is 'discretion' reasoning so difficult to get rid of? How does it inform the construction and definition of the scope of protection? What are the role and responsibilities of the claimant in this negotiation process? These questions combine into the underlying exploration of what is protected under refugee law - and why. The book concludes that 'discretion' reasoning is a site where the scope of refugee protection is negotiated in response to a fundamental tension between two competing principles of refugee law: the notion that claimants cannot be required to hide the characteristic they are persecuted for, and the principle that the purpose of refugee protection is to protect from persecution and not to provide full human rights protection"-- Provided by publisher

Contents:

The concealment controversy : an introduction

Unpacking the controversy : theory and methods

Rejecting 'discretion' : a turning point?

Manifestly asserted : FRANCE

Irreversibly determined : GERMANY

Singled out : SPAIN

Drawing lines : distinguishing protected groups from persecuted groups

Mind the gap : particular social group and the limits of protection

Human rights : messing with the definition

Conundrums, paradoxes and productive instability

Notes:

Based on author's thesis (doctoral - University of Technology Sydney and Vrije Universiteit Amsterdam, 2017)

Includes bibliographical references and index

Description based on online resource; title from digital title page (viewed on September 16, 2021)

Other Format:

Print version Wessels, Janna. Concealment controversy

ISBN:

9781108938402

110893840X

9781108945585

1108945589

OCLC:

1245958806

Access Restriction:

Restricted for use by site license