Legal Violence and (In)Visible Families
How Law Shapes and Erases Family Life in Sogi Asylum in Europe
Bibliographic Data
| ID | 7801187 |
|---|---|
| Authors | Carmelo Danisi (0000-0001-6189-1511, University of Bologna), Nuno Ferreira (0000-0002-7416-9074, University of Sussex) |
| Year | 2022 |
| Volume | 22 |
| Issue | 1 |
| Publication date | 2022-01-06 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngab020 |
| OpenAlex | W3183260400 |
| Language | EN |
| Citations received | 6 |
| References cited | 4 |
Studies on the Refugee Convention have paid very limited attention to the notion of family and family rights of asylum claimants in connection with asylum claims based on sexual orientation and gender identity (SOGI). Drawing on the notion of ‘legal violence’, this article demonstrates the injurious cumulative effect that a heteronormative, homonormative and Western-centered formulation and implementation of asylum and refugee law has on SOGI claimants when it comes to intimate and family relationships. By relying on a solid body of primary and secondary data, it explores the invisibility of SOGI claimants and refugees’ families and how that invisibility is normalized by European legal frameworks, such as the Dublin (III) Regulation and Family Reunification Directive. To end this ‘legal violence’ and reconnect asylum systems with the lived experiences of SOGI claimants, a principled approach based on human rights and specifically the right to respect for family life is suggested
Convention · Criminology · Directive · Domestic violence · Human rights · Invisibility · Poison control · Political science · Refugee · Sociology · Gender and Women's Rights · Human Factors and Ergonomics · Law · Medicine · Migration, Refugees, and Integration
Fragmented identities
‘Other than in the hotel, I feel safe almost everywhere’
How Do Legal Aid Cuts in England and Wales Impact LGBTQ+ People Seeking Asylum? Perspectives from Providers and Directly Affected People
Queer Migration in Catholic Countries of Central and Eastern Europe
The Limits of Refugee Status Determination Through Credibility Assessment
Categorical misalignments in immigration systems
| Citations per year | 3 |
|---|---|
| Citation span | 2024 - 2026 (3) |
| Highly cited | No |