Avgeri, Maria
(2023)
A transgender studies approach to gender
identity and expression-based asylum claims
based on a critical doctrinal and discourse
analysis of CJEU and ECtHR jurisprudence.
PhD thesis, National University of Ireland Maynooth.
Abstract
This research project seeks to conceptualize an inclusive framework for the
Refugee Status Determination of gender identity and expression-based claims.
It seeks to critically evaluate current practice, drawing also on a doctrinal and
discursive analysis of the jurisprudence of the Court of Justice of the European
Union (CJEU) and the European Court of Human Rights (ECtHR). In order for
current challenges to be identified in the context of the doctrine and practice of
Refugee Status Determination, I will attempt to develop a Transgender Studies
Framework for asylum adjudication, based on Transgender Studies and its
relation to Queer Theory, to which I will juxtapose the CJEU and ECtHR case
law on asylum and LGBTQ+ rights. Given that gender identity is a complex
concept often articulated in heteronormative or medical terms, the refugee
determination process will be analyzed in relation to the challenges but also the
potential it provides for encompassing the experience of transgender and
gender nonconforming asylum claimants, including gender expression claims.
Contemporary developments in good practices in the field of gender
identity/expression and evolving human rights norms will inform the study.
The purpose of this thesis is twofold: to reveal the judicial cishetero normativity
in asylum practice and to reimagine a respectful, just and diverse experience encompassing
framework for transgender and gender nonconforming asylum
claims expanding the protection of Human Rights Law in EU and Europe.
| Item Type: |
Thesis
(PhD)
|
| Keywords: |
transgender studies; gender
identity; expression-based asylum claims;
critical doctrinal; discourse analysis; CJEU; ECtHR; jurisprudence; |
| Academic Unit: |
Faculty of Social Sciences > Law |
| Item ID: |
17560 |
| Depositing User: |
IR eTheses
|
| Date Deposited: |
18 Sep 2023 11:05 |
| URI: |
|
| Use Licence: |
This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available
here |
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