Escalating Persecution of Gays and Refugee Protection: Comment on Queer Cases Make Bad Law
44 NYU J. Int'l L. & Politics 529 (2012)
29 Pages Posted: 28 Jul 2015
Date Written: January 1, 2012
This article addresses U.S. asylum jurisprudence in sexual orientation cases. It first explores the well-established principle that serious emotional and psychological harm, accompanied by a failure of state protection, can rise to the level of persecution. Next, it addresses the importance of using human rights standards to adopt a principled approach to determining when rights violations constitute serious harm for purposes of the persecution analysis. It then analyzes the elements of nexus and grounds under the Refugee Convention and explores the anti-discrimination principles that define and limit the grounds. The article concludes with a discussion of the challenges with credibility and corroboration in LGBT asylum claims.
Keywords: LGBT, asylum, persecution, nexus, grounds, ant-discrimination, human rights
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