Wednesday, August 13, 2014
Review of Gender, Child, and LGBTI Asylum Guidelines and Case Law in Foreign Jurisdictions: A Resource for U.S. Attorneys
The UC Hastings Center for Gender & Refugee Studies (CGRS) has released a new resource, Review of Gender, Child, and LGBTI Asylum Guidelines and Case Law in Foreign Jurisdictions: A Resource for U.S. Attorneys. The introduction states that:
Asylum claims involving women, children, and lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals are increasingly common in the United States. However, in certain circumstances, such claims continue to be controversial and face challenges during the asylum adjudication process. Guidance from the United Nations High Commissioner for Refugees (UNHCR)1 and foreign jurisdictions that are also signatories to the 1951 United Nations Convention Relating to the Status of Refugees (the Refugee Convention) and/or the 1967 Protocol may be helpful to supplement U.S. authority in certain types of cases, particularly in areas where U.S. law is undeveloped or diverges from internationally recognized principles of refugee law. Although UNHCR guidance is not binding on U.S. courts, the U.S. Supreme Court and federal courts of appeal have recognized UNHCR guidance as persuasive authority.2 Opinions from foreign jurisdictions are valuable in demonstrating how sister signatory states have interpreted international refugee law and may also be cited as persuasive authority.3 This resource is intended for use by U.S. attorneys representing asylum seekers involving claims of gender-based persecution and sexual orientation and gender identity-related persecution as well as claims involving child applicants. This resource first discusses what these types of claims entail and how they are defined. Then it provides country by country summaries of any relevant laws, regulations, guidelines, case law, and other sources on these types of claims in key refugee receiving jurisdictions.