University of Twente Student Theses
Consistently and Rightly Queer : Utilizing the UNHCR Guidelines on International Protection no. 9 as a human rights-focused common approach for assessing SOGI asylum claims in the EU?
Jost, Henrike (2022) Consistently and Rightly Queer : Utilizing the UNHCR Guidelines on International Protection no. 9 as a human rights-focused common approach for assessing SOGI asylum claims in the EU?
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| Abstract: | This bachelor thesis examines the following research question: “To what extent is the legal framework of assessing SOGI asylum claims in the EU consistent with the UNHCR Guidelines on International Protection no. 9?”. The question was answered through a qualitative content analysis. It was conducted on the EU’s legal framework for assessing SOGI asylum claims and on the UNHCR guidelines to determine where the possible human rights gaps lie when assessing those claims. Furthermore, the legal framework’s application and interpretation by the CJEU and national courts were also assessed for providing further consistency and consideration of human rights. The analysis found some consistency between the EU legal framework and the guidelines, and no further amendments were necessary for some provisions. Other provisions were only consistent and human rights-focused after they were addressed in case law. However, some provisions are still inconsistent and infringe the human rights of SOGI applicants. Adopting the UNHCR guidelines as a common approach for assessing SOGI asylum claims could prevent those human rights violations and would represent a good step toward a true human rights-focused Common European Asylum System furthering the objectives of Articles 67 (1) and 78 (1) TFEU. |
| Item Type: | Essay (Bachelor) |
| Faculty: | BMS: Behavioural, Management and Social Sciences |
| Subject: | 86 law, 89 political science |
| Programme: | Management Society and Technology BSc (56654) |
| Link to this item: | https://purl.utwente.nl/essays/91850 |
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