Sex Logics
Biological Essentialism and Gender-Based Asylum Cases
Bibliographic Data
| ID | 5050844 |
|---|---|
| Authors | Cheryl Llewellyn (0000-0001-6788-4478, University of Massachusetts Lowell, Lowell, MA, USA, corresponding author) |
| Year | 2017 |
| Volume | 61 |
| Issue | 10 |
| Pages | 1119-1133 |
| Publication date | 2017-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Behavioral Scientist (JOURNAL) |
| Journal identifiers | ISSN: 0002-7642 • E-ISSN: 1552-3381 |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/0002764217734261 |
| OpenAlex | W2763469038 |
| Language | EN |
| References cited | 10 |
Female circumcision and domestic violence asylum cases have been treated differently in the asylum system. The main explanation for differential adjudication has rested on racialized and ethnocentric constructions of harm. In this article, I examine differences between these cases by analyzing how gendered claims are constructed in female circumcision compared with domestic violence asylum claims. I identify three key themes (immutability, particularity, and universality) and show how they are linked to underlying gender ideologies in these cases. Findings suggest that gender ideology that relies on the biologically sexed body influences interpretations of gender-based asylum cases. Both female circumcision and domestic violence cases make explicit the underlying sex-based logics that operate in the construction of gender group claims, creating an advantage for women claiming asylum based on female circumcision and invoking the sexed body. Although the strategy of invoking the sexed body may benefit some applicants in the short term, these sex-based politics may hinder the development of gender asylum practice more generally
Adjudication · Criminology · Essentialism · Ethnocentrism · Gender identity · Gender psychology · Harm · Ideology · Political science · Politics · Sociology · Female Genital Mutilation/Cutting Issues · Gender Studies · Gender, Security, and Conflict · Genital Health and Disease · Law · Psychology · Social Psychology
Feminist Legal Methods
Gender Trouble
A Short History of Gender Asylum in the United States
Under Western Eyes
Producing FGM in U.S. Courts
A Glass Half Full? Gender in Migration Studies
Heterosexualism and the Colonial/Modern Gender System
Dualisms and female bodies in representations of African female circumcision
Critical Evidence
The Truth from the Body
| Citation velocity | historical |
|---|---|
| Highly cited | No |