Å·ÃÀ¾ÞÈé

Prof Nuno Ferreira

The European asylum policy has been a battle ground on many accounts for many years. The European Union (EU), in particular, introduced a with the Treaty of Amsterdam, thereby developing a system designed to set minimum standards across the EU Member States with regard to different aspects of asylum (especially the standards for the reception of applicants for international protection, the qualification of third-country nationals or stateless persons as beneficiaries of international protection, and the procedures for granting and withdrawing international protection). The Council of Europe (CoE), in particular its European Court of Human Rights, has also had the chance to deal with a broad range of cases relating to asylum, especially .

Yet, throughout the years, the activities and policies of both the EU and the CoE in the field of asylum have left many commentators sometimes perplexed, sometimes frustrated, sometimes hopeful – but never fully satisfied. The lack of harmonisation and consistency of standards across EU Member States has become a strong obstacle to a truly successful and effective Common European Asylum System. This is arguably still true, even after the standards achieved by EU Directives on qualification for international protection, on asylum procedures, and on reception conditions, and the current to strengthen these instruments.

This is also the case in relation to those asylum claims lodged on the basis of one’s sexual orientation or gender identity (SOGI). Indeed, SOGI asylum decisions of the Court of Justice of the EU in and in , and of the European Court of Human Rights in , have either not addressed the issues in question appropriately, or only addressed them in a partially satisfactory way (see ; and ). And this is not a secondary matter or a distraction from other, more important aspects of asylum policy. Every year, thousands of individuals claim asylum in Europe based on their SOGI, and more often than not their claims are treated unfairly, especially considering the disproportionately high rate of refusals on these grounds. SOGI asylum seekers face particular difficulties in establishing their claims and obtaining a positive assessment of their credibility. Furthermore, there are strong signs in several European jurisdictions that the SOGI dimensions of asylum-seekers’ claims are treated in a particularly insensitive way, based on inappropriate legal, cultural and social notions.

A team of researchers based in the School of Law at the University of Sussex is now embarking on a four-year research project to produce the necessary evidence base for a more just and humane asylum process for individuals seeking refuge in Europe on the basis of their SOGI. The project – named SOGICA – Sexual Orientation and Gender Identity Claims of Asylum: A European human rights challenge – explores the social and legal experiences of SOGI asylum-seekers across Europe and aims to determine how European asylum systems can treat SOGI asylum claims more fairly. Besides exploring the EU and CoE frameworks, SOGICA focuses on Germany, Italy and the UK as case studies. The project adopts a comparative, empirical approach that is intersectional and interdisciplinary (socio-legal). As theoretical frameworks, the project uses human rights, feminist and queer studies.

SOGICA will produce detailed policy recommendations in regard to law, policy and decision making in the national asylum adjudication systems, the EU’s Common European Asylum System, and the CoE’s policies, to develop an asylum adjudication system that addresses adequately the socio-cultural, gender identity and sexual diversity of asylum-seekers and their intersectional experience. In particular, practical guidelines will be issued for the reformulation of the current EU, CoE and domestic approaches towards the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, in the light of the past 60 years of political, social and cultural transformations. Finally, SOGICA will analyse how a framework for fair treatment of SOGI asylum seekers in the UK can be achieved outside of the EU, if/when Brexit takes place.

SOGICA will last from 2016 until 2020, and is funded by a Starting Grant of the European Research Council (ERC). SOGICA will be led by myself, and Dr Moira Dustin (UK case study), Dr Carmelo Danisi (Italian case study) and Dr Nina Held (German case study) are the other members of the project team. Please get in touch if you’d like to find out more about the project or get involved in our activities. This is the time to create a fairer asylum system in Europe.