Weßels, Janna. “Sexual Orientation in Refugee Status Determination,” No. 73 (n.d.): 59.
- Category: Literature
- Source: NGOs
- Subject: Deportation,Discretion,Asylum/Refugee,Discrimination,Documentation status,Gay,Homophobia,Homosexuality,Law/Legistation,Lesbian,LGBTI,Marginalisation,Resettlement,UNHCR,Sexual Orientation
- Place: Cameroon,Ghana,Malawi,Nigeria,Uganda,Zimbabwe
- Year: 2011
- File: 4ebb93182.pdf
This dissertation seeks to build on this work by examining some of the core issues that arise in refugee claims based on sexual orientation, with a focus on lesbian and gay claimants only. It seeks to answer the following questions: How have decision-makers dealt with gay and lesbian refugee claimants? Are decision-makers adequately prepared for the complexities of sexuality-based refugee claims? How have the different elements of the Convention definition been interpreted so as to include or exclude gay refugees? What particular obstacles and difficulties do gay and lesbian refugees face in their claims? To answer these questions, the Convention definition will be broken down into four elements: the Convention ground, persecution, fear and well-foundedness. Each of these will be analysed in turn with respect to their application to gay refugees.