Persecution under gender-based ground in Asylum Law

Abstract

This thesis will analyse how women’s sexual orientation and gender identity claims are adjudicated in respect of persecution under the gender – based ground in Asylum Law. It will analyse the legislation with regards to gender claims and will offer recommendations for adjudication of refugee claims procedure to be more consistent in different Member States. The first Chapter examines the legislation concerning gender – related persecution. It will firstly analyse gender neutral, however the key international legal instrument ensuring the international protection for those who meet the necessary requirements, meaning 1951 Geneva Convention. It will also discuss how women and LGBT people can benefit from EU Refugee Qualification Directive and the European Asylum Procedures Directive. Chapter 2 analyses the definition problems in respect of gender related asylum claims. It will discuss in depth the importance of gender in refugee claims and different forms of persecution experienced by women asylum seekers. It will further examine the relevant case law which paves the way for LGBT people to seek international protection under ‘the membership of the particular social group ground’ in Geneva Convention. The third and final chapter deals with credibility issues in the refugee determination procedure. The author puts a lot of emphasis on credibility considering it as the most challenging task for both adjudicators and asylum seekers. The author discusses different types of credibility and particular problems faced by LGBT people while trying to prove their sexual orientation and gender identity to decision makers.