Same-Sex Oriented Persons as Members of a Particular Social Group: What's Non-Discrimination Got to do With it?

International Journal of Legal Research, Volume 2, Issue 1

24 Pages Posted: 4 Apr 2016

Date Written: April 2, 2016

Abstract

This article explores the UK, USA and Canadian Interpretation of Membership of a Particular Social Group (Ejusdem Generis). I examine the interpretation in the context of refugee claims based on sexual orientation. In addition, I examine 83 Unreported same-sex oriented cases from the UK, USA and Canada to determine the effect of the ejusdem generis approach in relation to refugee claims based on sexual orientation. Based on the result of the findings, this article proposes that the interpretation of a particular social group should be anchored to the principles of non-discrimination in order to deal with refugee claims based on sexual orientation more effectively.

Keywords: Membership of a Particular Social Group, Sexual Orientation, Ejusdem Generis, Same-Sex Oriented

Suggested Citation

Braimah, Tim, Same-Sex Oriented Persons as Members of a Particular Social Group: What's Non-Discrimination Got to do With it? (April 2, 2016). International Journal of Legal Research, Volume 2, Issue 1, Available at SSRN: https://ssrn.com/abstract=2758155

Tim Braimah (Contact Author)

Carlos Albizu University ( email )

2173 NW 99th Avenue
Miami, FL 33172
United States

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