Persecution and Social Group Status: Homosexual Refugees in the 1990s

Abstract

This paper describes how in refugee determination procedures, the 1951 Convention social group definition has been interpreted to the disadvantage of ‘non-traditional’ social groups in the United Kingdom. The non-traditional social group central to this analysis is male homosexuals. As well as focusing on episodes where homosexuals were excluded from the Convention social group definition in the UK, this paper also examines a discernible shift in the determination of ‘non-traditional’ social group membership cases in various countries such as the USA, Canada, and New Zealand. These developments in international refugee law are described in terms of the increasing connection between international refugee law and international human rights law. The paper demonstrates that applications for refugee status based on homosexuality are at the forefront of these developments.