PIL.OT / DEVELOPMENT
PIL.OTv0.62.2
This article traces how the difficulties faced by lesbian, gay and bisexual refugees in asylum procedures have evolved over time, with a particular focus on Sweden and the Netherlands. It argues that efforts to include LGB people have, in some settings, turned shame into an implicit legal requirement; although the DSSH model was meant to encourage open-ended discussion of sexual-orientation fluidity, the contexts examined here reportedly produced legal expectations centred on suffering and internalised homophobia, while credibility-based procedure and the treatment of sexual orientation as a fixed identity became decisive in border-control bureaucracy.
How credibility assessment and the legal construction of sexual-orientation identity operate in asylum claims by lesbian, gay, and bisexual refugees.
International Journal of Refugee Law · 2023
DOI 10.1093/ijrl/eead008