Sexual Orientation, Gender Identity and the Refugee Determination Process in Canada

(2014) 4:2 Journal of Research in Gender Studies 68-123

40 Pages Posted: 22 Dec 2014

See all articles by Nicole LaViolette

Nicole LaViolette

University of Ottawa - Faculty of Law

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Date Written: 2014

Abstract

Egregious human rights violations have compelled some lesbian, gay, bisexual, and transgender people to seek refuge in countries with better human rights protection. This in turn has led some countries to extend refugee protection to men and women who feared persecution in their home countries because of their sexual orientation or gender identity. This article outlines and analyses how sexual minority refugee claimants in Canada continue to encounter a specific set of challenges in having the refugee definition applied to their claims. The emphasis is on the Canadian inland refugee determination process and the discussion focuses chiefly on issues and principles pulled from Canadian cases.

Keywords: LGBT refugees, gay and lesbian refugees, refugee law, sexual orientation, gender identity, Canada

Suggested Citation

LaViolette, Nicole, Sexual Orientation, Gender Identity and the Refugee Determination Process in Canada (2014). (2014) 4:2 Journal of Research in Gender Studies 68-123, Available at SSRN: https://ssrn.com/abstract=2541430

Nicole LaViolette (Contact Author)

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5
Canada

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