Article
Details
Citation
McGhee D (2003) Queer strangers: Lesbian and gay refugees. Feminist Review, 73 (1), pp. 145-147. https://doi.org/10.1057/palgrave.fr.9400087
Abstract
When we consider sexuality as the grounds of an application for refugee status we enter into a highly charged discursive field which has existed since the introduction of the United Nations Convention of 1951. This controversy surrounds the provision for persecution on account of membership of a particular social group. This is one of the most contested ¡®provisions¡¯ in refugee law. Lesbian and gay applications for refugee status under the persecuted social group category are characterized by the following three problems, which I have presented below in the form of questions.
Firstly, can prosecution, or the threat of prosecution, for ¡®sexual offences¡¯ be considered a form of persecution?
Secondly, can groups whose associations are those of choice, rather than familial, tribal and racial bonds be included in the convention ¡®social group status?
Thirdly, how can membership of a group be proven when some groups, such as lesbians and gays, form clandestine and secretive ¡®associations¡¯ in cultures that are hostile to them?
In this paper my intention is to proceed to comment on the context of the emergence of such ¡®questions¡¯ and ¡®difficulties¡¯ during immigration tribunals in the 1990s in the UK and elsewhere; and to briefly comment on how these issues have been resolved in the context of refugee law.
Journal
Feminist Review: Volume 73, Issue 1
| Status | Published |
|---|---|
| Funders | |
| Publication date | 30/04/2003 |
| Publication date online | 01/04/2003 |
| ISSN | 0141-7789 |
| eISSN | 1466-4380 |