Queering Asylum… or Human Rights in Europe?

After 70 years since the conclusion of the Convention relating to the status of refugees, the process of ‘queering’ asylum law is beyond doubt given that human rights violations suffered by sexual and gender minorities are the basis of an apparently increasing number of asylum claims. This process of ‘queering’ asylum law has certainly reached its highest peak in Europe, where the needs of people claiming asylum on grounds of sexual orientation and gender identity (SOGI) are increasingly taken into account in law and practice. Yet, a range of issues remain problematic, or even unaddressed, in this field. Indeed, we have recently witnessed controversial decisions by the European Court of Human Rights (ECtHR) that raise a fundamental question: to effectively protect SOGI minorities claiming asylum in Europe, and along with the ‘queering’ process of asylum law, is there a need to also ‘queer’ human rights? To answer this question, here we wish to bring attention to some decisions issued by the ECtHR, the Committee on the Rights of the Child (CRC) and the Court of Justice of the EU (CJEU), which revolve around certain aspects – criminalisation and late disclosure – that are crucial for a fair asylum adjudication.