Nuno Ferreira (University of Sussex) has posted Unravelling the Knot of Credibility Assessment in SOGIESC Asylum, in Aino Gröndahl, Andrea Vige Grønningsæter, Claire Fletcher, Sabine Jansen and Sophia Zisakou (eds.), Believe It or Not: Credibility Assessment in SOGIESC Asylum Cases (BUP), on SSRN. Here is the abstract:
The assessment of asylum applicants’ credibility is both essential for the outcome of asylum claims and considerably problematic. This is exacerbated in claims involving sexual orientation, gender identity and expression, and sex characteristics (SOGIESC), considering how deeply intimate these characteristics are and that past and risk of persecution are likely to be undocumented. The way decision-makers’ prejudices affect SOGIESC asylum credibility assessment have undermined trust in asylum systems and called into question their use of discretion. This contribution explores these issues by bringing together the analysis of jurisprudence from both the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) with a discussion of non-legal elements from psychology, culture and identity scholarship.
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Lawrence Solum