Migration due to sexual orientation and gender identity

The concept of the term refugee is set out in Art. 1, item I of the Law 9.474 / 97 of the Foreign Statute of Brazil, which defines a refugee as any individual with a well-founded fear of persecution due to race, religion, nationality, political opinion or social group. The Convention of 1951 does no...

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Autores principales:	Daniel Braga Nascimento, Emilie de Haas, Roberta Camineiro Baggio
Formato:	article
Lenguaje:	PT
Publicado:	Universidade de Santa Cruz do Sul 2017
Materias:	refugiados lgbti migração Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/c9261a923c0648a887454f1e480e3f66
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spelling	oai:doaj.org-article:c9261a923c0648a887454f1e480e3f662021-11-19T14:15:35ZMigration due to sexual orientation and gender identity0104-94961982-995710.17058/rdunisc.v1i51.9442https://doaj.org/article/c9261a923c0648a887454f1e480e3f662017-01-01T00:00:00Zhttps://online.unisc.br/seer/index.php/direito/article/view/9442https://doaj.org/toc/0104-9496https://doaj.org/toc/1982-9957The concept of the term refugee is set out in Art. 1, item I of the Law 9.474 / 97 of the Foreign Statute of Brazil, which defines a refugee as any individual with a well-founded fear of persecution due to race, religion, nationality, political opinion or social group. The Convention of 1951 does not establish a specific category for persecution related to sexual orientation or gender identity. In many countries homosexuality is punished by imprisonment, or the death penalty (Saudi Arabia, Iran, Yemen, Mauritania and Sudan, as well as in regions of Nigeria and Somalia), among other penalties that deny full citizenship, segregate, discriminate and deny rights to this group. Due to the persecution these individuals suffer in their home countries, it is possible to ask: were gay, lesbian, bisexual, transgender and intersex individuals included in the social group category due to its flexible criteria? The United States, Canada and several European countries have been accepting refugee applications for individuals with well-founded fear of persecution because of their sexual orientation or gender identity. By employing this criterion, the CONARE (National Committee for Refugees of Brazil) has granted refuge to gay, lesbian, bisexual, transgender and intersex individuals who are persecuted in their home countries due to their sexual orientation or gender identity. This article explores the concept of the term refugee and its expansion over the past years, focusing especially on the basis of the refugee criterion related to social group. The aim is therefore to analyze the category of social group in the concept of refugee. It also aims to examine the possibility of framing said populations in the category of social group in order to facilitate their obtainment of a Refugee status.Daniel Braga NascimentoEmilie de HaasRoberta Camineiro BaggioUniversidade de Santa Cruz do SularticlerefugiadoslgbtimigraçãoLawKLaw in general. Comparative and uniform law. JurisprudenceK1-7720PTRevista do Direito, Iss 51, Pp 58-67 (2017)
institution	DOAJ
collection	DOAJ
language	PT
topic	refugiados lgbti migração Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	refugiados lgbti migração Law K Law in general. Comparative and uniform law. Jurisprudence K1-7720 Daniel Braga Nascimento Emilie de Haas Roberta Camineiro Baggio Migration due to sexual orientation and gender identity
description	The concept of the term refugee is set out in Art. 1, item I of the Law 9.474 / 97 of the Foreign Statute of Brazil, which defines a refugee as any individual with a well-founded fear of persecution due to race, religion, nationality, political opinion or social group. The Convention of 1951 does not establish a specific category for persecution related to sexual orientation or gender identity. In many countries homosexuality is punished by imprisonment, or the death penalty (Saudi Arabia, Iran, Yemen, Mauritania and Sudan, as well as in regions of Nigeria and Somalia), among other penalties that deny full citizenship, segregate, discriminate and deny rights to this group. Due to the persecution these individuals suffer in their home countries, it is possible to ask: were gay, lesbian, bisexual, transgender and intersex individuals included in the social group category due to its flexible criteria? The United States, Canada and several European countries have been accepting refugee applications for individuals with well-founded fear of persecution because of their sexual orientation or gender identity. By employing this criterion, the CONARE (National Committee for Refugees of Brazil) has granted refuge to gay, lesbian, bisexual, transgender and intersex individuals who are persecuted in their home countries due to their sexual orientation or gender identity. This article explores the concept of the term refugee and its expansion over the past years, focusing especially on the basis of the refugee criterion related to social group. The aim is therefore to analyze the category of social group in the concept of refugee. It also aims to examine the possibility of framing said populations in the category of social group in order to facilitate their obtainment of a Refugee status.
format	article
author	Daniel Braga Nascimento Emilie de Haas Roberta Camineiro Baggio
author_facet	Daniel Braga Nascimento Emilie de Haas Roberta Camineiro Baggio
author_sort	Daniel Braga Nascimento
title	Migration due to sexual orientation and gender identity
title_short	Migration due to sexual orientation and gender identity
title_full	Migration due to sexual orientation and gender identity
title_fullStr	Migration due to sexual orientation and gender identity
title_full_unstemmed	Migration due to sexual orientation and gender identity
title_sort	migration due to sexual orientation and gender identity
publisher	Universidade de Santa Cruz do Sul
publishDate	2017
url	https://doaj.org/article/c9261a923c0648a887454f1e480e3f66
work_keys_str_mv	AT danielbraganascimento migrationduetosexualorientationandgenderidentity AT emiliedehaas migrationduetosexualorientationandgenderidentity AT robertacamineirobaggio migrationduetosexualorientationandgenderidentity
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Migration due to sexual orientation and gender identity

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