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Gender, Sexuality, Asylum and European Human Rights
SPIJKERBOER, Thomas - Personal Name
Asylum law functions through a dichotomy between an idealized notion
of Europe as a site characterized by human rights, and non-European countries as
sites of oppression. In most social sciences and humanities literature, this dichotomy
is seen as legitimizing European dominance and exclusion of non-Europeans.
However, it is the same dichotomy which is used by asylum seekers to claim
inclusion through the grant of asylum. Focusing on the inclusive potential of this
exclusive dichotomy allows us to explore the ambiguities inherent in the dichotomy.
In asylum claims based on persecution on account of gender and sexuality, it
becomes evident that not all human rights are considered equally fundamental. In
many cases, asylum seekers are required to renounce human rights in order to
prevent persecution, for example by complying with patriarchal family norms. Even
where this requirement is rejected, asylum law illustrates the ambiguous relation
between Europe and human rights.
of Europe as a site characterized by human rights, and non-European countries as
sites of oppression. In most social sciences and humanities literature, this dichotomy
is seen as legitimizing European dominance and exclusion of non-Europeans.
However, it is the same dichotomy which is used by asylum seekers to claim
inclusion through the grant of asylum. Focusing on the inclusive potential of this
exclusive dichotomy allows us to explore the ambiguities inherent in the dichotomy.
In asylum claims based on persecution on account of gender and sexuality, it
becomes evident that not all human rights are considered equally fundamental. In
many cases, asylum seekers are required to renounce human rights in order to
prevent persecution, for example by complying with patriarchal family norms. Even
where this requirement is rejected, asylum law illustrates the ambiguous relation
between Europe and human rights.
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Statement of Responsibility
Thomas Spijkerboer 1
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