| Description |
1 online resource |
| Contents |
The concealment controversy : an introduction -- Unpacking the controversy : theory and methods -- Rejecting 'discretion' : a turning point? -- Manifestly asserted : FRANCE -- Irreversibly determined : GERMANY -- Singled out : SPAIN -- Drawing lines : distinguishing protected groups from persecuted groups -- Mind the gap : particular social group and the limits of protection -- Human rights : messing with the definition -- Conundrums, paradoxes and productive instability |
| Summary |
"The book explores the concealment controversy in refugee law. The idea that a claim for international protection can be rejected on the basis that the claimant behave 'discreetly' ('discretion' reasoning) in their country of origin has remained resilient in asylum claims based on sexual orientation, but also other grounds of claim. This is significant because requiring an asylum-seeker to forgo the reason for which they are persecuted questions the very rationale of refugee protection. Seeking out both the shapes and the origins of 'discretion' reasoning, the central puzzle that this book addresses is the resilience of this phenomenon. Why is 'discretion' reasoning so difficult to get rid of? How does it inform the construction and definition of the scope of protection? What are the role and responsibilities of the claimant in this negotiation process? These questions combine into the underlying exploration of what is protected under refugee law - and why. The book concludes that 'discretion' reasoning is a site where the scope of refugee protection is negotiated in response to a fundamental tension between two competing principles of refugee law: the notion that claimants cannot be required to hide the characteristic they are persecuted for, and the principle that the purpose of refugee protection is to protect from persecution and not to provide full human rights protection"-- Provided by publisher |
| Notes |
Based on author's thesis (doctoral - University of Technology Sydney and Vrije Universiteit Amsterdam, 2017) |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Description based on online resource; title from digital title page (viewed on September 16, 2021) |
| Subject |
Sexual minority political refugees -- Legal status, laws, etc
|
|
Asylum, Right of.
|
|
Sexual minority political refugees -- Legal status, laws, etc. -- Europe
|
|
Asylum, Right of
|
|
Europe
|
| Form |
Electronic book
|
| LC no. |
2021009702 |
| ISBN |
9781108938402 |
|
110893840X |
|
