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Part I - Conclusions

Acts or Identity – Invariably ‘Discreet’

Published online by Cambridge University Press:  19 July 2021

Janna Wessels
Affiliation:
Vrije Universiteit, Amsterdam
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Summary

Research on the common law jurisdictions has described ‘discretion’ reasoning as an ‘adaptive phenomenon’, that is ‘extraordinarily widespread, resistant to challenge and strongly associated with high rejection rates’. Likewise, this is reflected in those high-level European judgments that rejected a ‘discretion’ requirement. They maintained ‘discretion’ logics by allowing for a ‘factual’ finding that a claimant ‘will’ maintain secrecy. This study of asylum judgments concerning sexuality-based claims in Germany, France and Spain suggests that the same conclusions are true of these three civil law jurisdictions.

Type
Chapter
Information
The Concealment Controversy
Sexual Orientation, Discretion Reasoning and the Scope of Refugee Protection
, pp. 163 - 168
Publisher: Cambridge University Press
Print publication year: 2021

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  • Conclusions
  • Janna Wessels, Vrije Universiteit, Amsterdam
  • Book: The Concealment Controversy
  • Online publication: 19 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108938402.008
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Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Conclusions
  • Janna Wessels, Vrije Universiteit, Amsterdam
  • Book: The Concealment Controversy
  • Online publication: 19 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108938402.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusions
  • Janna Wessels, Vrije Universiteit, Amsterdam
  • Book: The Concealment Controversy
  • Online publication: 19 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108938402.008
Available formats
×