Sexual Orientation and the Refugee Determination Process: Questioning a Claimant About Their Membership in the Particular Social Group

2004 ◽  
Author(s):  
Nicole LaViolette
Author(s):  
David Marx ◽  
Sei Jin Ko

Stereotypes are widely held generalized beliefs about the behaviors and attributes possessed by individuals from certain social groups (e.g., race/ethnicity, sex, age, socioeconomic status, sexual orientation). They are often unchanging even in the face of contradicting information; however, they are fluid in the sense that stereotypic beliefs do not always come to mind or are expressed unless a situation activates the stereotype. Stereotypes generally serve as an underlying justification for prejudice, which is the accompanying feeling (typically negative) toward individuals from a certain social group (e.g., the elderly, Asians, transgender individuals). Many contemporary social issues are rooted in stereotypes and prejudice; thus research in this area has primarily focused on the antecedents and consequences of stereotype and prejudice as well as the ways to minimize the reliance on stereotypes when making social judgments.


2020 ◽  
Vol 28 (59) ◽  
pp. 69-78
Author(s):  
David Murray

Abstract This paper presents an overview of the Canadian state’s refugee determination processes for persons lodging asylum claims in Canada on the basis of sexual orientation or gender identity expression (SOGIE). Canada has an international reputation for being a welcoming nation to SOGIE (as well as other categories of) refugees, a reputation that is much promoted by the Canadian government and mainstream media. However, in my ethnographic research with SOGIE refugee claimants navigating the Canadian refugee determination process, I reveal that claimants must quickly learn how to construct an ‘authentically’ gay, lesbian, bisexual or transgender narrative that meets refugee adjudicators’ standards of credibility, or risk being identified as a ‘fake’ refugee, and thus face incarceration and/or deportation. I argue that sexuality now forms a crucial component of the nation-state’s gate-keeping apparatus, with uneven effects for queer migrants.


Author(s):  
Liz Coston

Hate crimes (or bias crimes) are crimes motivated by an offenders’ personal bias against a particular social group. Modern hate crimes legislation developed out of civil rights protections based on race, religion, and national origin; however, the acts that constitute a hate crime have expanded over time, as have the groups protected by hate crimes legislation. Anti-LGBT hate crimes, in which victims are targeted based on their sexual orientation or gender identity. LGBT people are highly overrepresented as victims of hate crimes given the number of LGBT people in the population, and this is especially true of hate crimes against transgender women. Despite the frequency of these crimes, the legal framework for addressing them varies widely across the United States. Many states do not have specific legislation that addresses anti-LGBT hate crimes, while others have legislation that mandates data collection on those crimes but does not enhance civil or criminal penalties for them, and some offer enhanced civil and/or criminal penalties. Even in states that do have legislation to address these types of hate crimes, some states only address hate crimes based on sexual orientation but not those based on gender identity. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act gives the federal government the authority to prosecute those crimes regardless of jurisdiction; however, this power has been used in a limited capacity. Hate crimes are distinct from other crimes that are not motivated by bias. For example, thrill seeking, retaliation, or the desire to harm or punish members of a particular social group often motivates perpetrators of hate crimes; these motivations often result in hate crimes being more violent than other similar crimes. The difference in the motivation of offenders also has significant consequences for victims, both physically and mentally. Victims of hate crimes are more likely to require medical attention than victims of non-bias crimes. Likewise, victims of hate crimes, and especially anti-LGBT hate crimes, often experience negative psychological outcomes, such as PTSD, depression, or anxiety as a result of being victimized for being a member of an already marginalized social group.


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