Procedural problems in LGBT asylum cases

Lyra Jakuleviciene, Laurynas Bieksa , Eglė Samuchovaitė

Research output: Contribution to journalArticle

Abstract

In 2012 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i. e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia and Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification and procedural problems in LGBT cases. Criminalisation, state protection against non-state persecution, concealment of sexual or gender identity, internal protection were discussed in the previous article ‘The Refugee Qualification Problems in LGBT Asylum Cases’ by Laurynas Biekša2. In this article the authors aim to describe the main procedural problems in LGBT asylum cases (i. e., credibility assessment, late disclosure, country of origin information and reception) and propose their solutions. Guiding European and international standards are laid down in the Reception Directive3, Qualification Directive4, Procedures Directive5 and UNHCR Guidance Note6. Today these standards should serve as a starting point for identifying the problems LGBT asylum seekers may have during their asylum procedures and for finding possible solutions.
Original languageEnglish
Pages (from-to)195-207
JournalJurisprudencija: mokslo darbai
Volume19
Issue number1
Publication statusPublished - 2012

Fingerprint

qualification
refugee
asylum seeker
asylum procedure
Mauritania
UNHCR
Yemen
Somalia
death penalty
criminalization
Saudi Arabia
Sudan
country of origin
homosexuality
credibility
Iran
Nigeria
gender
society

Keywords

  • Asylum
  • Credibility

Cite this

Procedural problems in LGBT asylum cases. / Jakuleviciene, Lyra; Bieksa , Laurynas; Samuchovaitė, Eglė.

In: Jurisprudencija: mokslo darbai, Vol. 19, No. 1, 2012, p. 195-207.

Research output: Contribution to journalArticle

@article{6be92365f1184428b7cfdd7da13c71d3,
title = "Procedural problems in LGBT asylum cases",
abstract = "In 2012 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i. e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia and Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification and procedural problems in LGBT cases. Criminalisation, state protection against non-state persecution, concealment of sexual or gender identity, internal protection were discussed in the previous article ‘The Refugee Qualification Problems in LGBT Asylum Cases’ by Laurynas Biekša2. In this article the authors aim to describe the main procedural problems in LGBT asylum cases (i. e., credibility assessment, late disclosure, country of origin information and reception) and propose their solutions. Guiding European and international standards are laid down in the Reception Directive3, Qualification Directive4, Procedures Directive5 and UNHCR Guidance Note6. Today these standards should serve as a starting point for identifying the problems LGBT asylum seekers may have during their asylum procedures and for finding possible solutions.",
keywords = "Asylum, Credibility",
author = "Lyra Jakuleviciene and Laurynas Bieksa and Eglė Samuchovaitė",
year = "2012",
language = "English",
volume = "19",
pages = "195--207",
journal = "Jurisprudencija: mokslo darbai",
issn = "1392-6195",
publisher = "Mykolas Romeris University",
number = "1",

}

TY - JOUR

T1 - Procedural problems in LGBT asylum cases

AU - Jakuleviciene, Lyra

AU - Bieksa , Laurynas

AU - Samuchovaitė, Eglė

PY - 2012

Y1 - 2012

N2 - In 2012 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i. e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia and Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification and procedural problems in LGBT cases. Criminalisation, state protection against non-state persecution, concealment of sexual or gender identity, internal protection were discussed in the previous article ‘The Refugee Qualification Problems in LGBT Asylum Cases’ by Laurynas Biekša2. In this article the authors aim to describe the main procedural problems in LGBT asylum cases (i. e., credibility assessment, late disclosure, country of origin information and reception) and propose their solutions. Guiding European and international standards are laid down in the Reception Directive3, Qualification Directive4, Procedures Directive5 and UNHCR Guidance Note6. Today these standards should serve as a starting point for identifying the problems LGBT asylum seekers may have during their asylum procedures and for finding possible solutions.

AB - In 2012 there are 76 countries of the world still criminalising same-sex sexual acts between consenting adults. In seven of those countries homosexual acts are punishable with death penalty (i. e., Mauritania, Sudan, the northern states of Nigeria, the southern parts of Somalia, Iran, Saudi Arabia and Yemen). Homophobic (transphobic) attitudes are also frequent in many societies. However, the LGBT asylum seekers are frequently left outside the refugee definition due to many refugee qualification and procedural problems in LGBT cases. Criminalisation, state protection against non-state persecution, concealment of sexual or gender identity, internal protection were discussed in the previous article ‘The Refugee Qualification Problems in LGBT Asylum Cases’ by Laurynas Biekša2. In this article the authors aim to describe the main procedural problems in LGBT asylum cases (i. e., credibility assessment, late disclosure, country of origin information and reception) and propose their solutions. Guiding European and international standards are laid down in the Reception Directive3, Qualification Directive4, Procedures Directive5 and UNHCR Guidance Note6. Today these standards should serve as a starting point for identifying the problems LGBT asylum seekers may have during their asylum procedures and for finding possible solutions.

KW - Asylum

KW - Credibility

M3 - Article

VL - 19

SP - 195

EP - 207

JO - Jurisprudencija: mokslo darbai

JF - Jurisprudencija: mokslo darbai

SN - 1392-6195

IS - 1

ER -