Defining a Particular Social Group based on the Meaning of Non-Discrimination in International Human Rights Law: Utilizing the Definition in Deciding Refugee Claims Based on Sexual Orientation

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Tim Sahliu Braimah
Tim Sahliu Braimah
α Middlesex University Middlesex University

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Defining a Particular Social Group based on the Meaning of Non-Discrimination in International Human Rights Law: Utilizing the Definition in Deciding Refugee Claims Based on Sexual Orientation

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Abstract

In his article titled: Divorcing sexual orientation from religion and politics: Utilizing the Convention grounds of religion and political opinion in same-sex oriented asylum claims, Braimah argues that of the two approaches in interpreting membership of a particular social group, the ejusdem generis interpretation appears to be more suitable than the social perception approach. This is because; the latter is based on the principles of non-discrimination, which is in line with the object and purpose of the Convention. Nonetheless, while the US courts in Matter of Acosta got it right that the interpretation of a particular social group should be anchored to non-discrimination, what they got wrong is what nondiscrimination was translated into. The US courts by translating non-discrimination into innateness/ fundamental to identity deviated from the actual meaning of nondiscrimination in international law. It is against this backdrop that this article focuses on researching the meaning of nondiscrimination in international law to define a particular social group. The contribution of this article to the field of international refugee law is of two folds.

Funding

No external funding was declared for this work.

Conflict of Interest

The authors declare no conflict of interest.

Ethical Approval

No ethics committee approval was required for this article type.

Data Availability

Not applicable for this article.

How to Cite This Article

Tim Sahliu Braimah. 2015. \u201cDefining a Particular Social Group based on the Meaning of Non-Discrimination in International Human Rights Law: Utilizing the Definition in Deciding Refugee Claims Based on Sexual Orientation\u201d. Global Journal of Human-Social Science - C: Sociology & Culture GJHSS-C Volume 15 (GJHSS Volume 15 Issue C2): .

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Issue Cover
GJHSS Volume 15 Issue C2
Pg. 23- 31
Journal Specifications

Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

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GJHSS-C Classification: FOR Code: 390303
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v1.2

Issue date

March 13, 2015

Language
en
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In his article titled: Divorcing sexual orientation from religion and politics: Utilizing the Convention grounds of religion and political opinion in same-sex oriented asylum claims, Braimah argues that of the two approaches in interpreting membership of a particular social group, the ejusdem generis interpretation appears to be more suitable than the social perception approach. This is because; the latter is based on the principles of non-discrimination, which is in line with the object and purpose of the Convention. Nonetheless, while the US courts in Matter of Acosta got it right that the interpretation of a particular social group should be anchored to non-discrimination, what they got wrong is what nondiscrimination was translated into. The US courts by translating non-discrimination into innateness/ fundamental to identity deviated from the actual meaning of nondiscrimination in international law. It is against this backdrop that this article focuses on researching the meaning of nondiscrimination in international law to define a particular social group. The contribution of this article to the field of international refugee law is of two folds.

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Defining a Particular Social Group based on the Meaning of Non-Discrimination in International Human Rights Law: Utilizing the Definition in Deciding Refugee Claims Based on Sexual Orientation

Tim Sahliu Braimah
Tim Sahliu Braimah Middlesex University

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