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2 - Unpacking the Controversy

Theory and Methods

Published online by Cambridge University Press:  19 July 2021

Janna Wessels
Affiliation:
Vrije Universiteit, Amsterdam
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Summary

Chapter 2 lays out the theoretical and methodological approach for the analysis. The study draws on discourse analysis, understanding the category of homosexuality to be a construction built on an ‘external dimension’ (a regime of acts) and an ‘internal dimension’ (identity). Queer theory provides insights into the interplay of this act/identity distinction, which functions as an unstable dichotomy where sometimes one is favoured and sometimes the other. Within this system, the gay person is caught in a delicate situation, faced with contradictory expectations as to their ‘discretion’ and disclosure, while at the same time never in full control of what others know about their sexuality. In terms of methodological approach, the analysis is based on discourse analysis on refugee law doctrine. Unlike a classical doctrinal analysis seeking the right legal answer, this study is interested in the ways in which legal doctrine is constructed. Three case studies add an empirical element from the Common European Asylum System: sexuality-based asylum claims from Germany, France and Spain are submitted to analysis.

Type
Chapter
Information
The Concealment Controversy
Sexual Orientation, Discretion Reasoning and the Scope of Refugee Protection
, pp. 30 - 56
Publisher: Cambridge University Press
Print publication year: 2021

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  • Unpacking the Controversy
  • Janna Wessels, Vrije Universiteit, Amsterdam
  • Book: The Concealment Controversy
  • Online publication: 19 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108938402.002
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  • Unpacking the Controversy
  • Janna Wessels, Vrije Universiteit, Amsterdam
  • Book: The Concealment Controversy
  • Online publication: 19 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108938402.002
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.

  • Unpacking the Controversy
  • Janna Wessels, Vrije Universiteit, Amsterdam
  • Book: The Concealment Controversy
  • Online publication: 19 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108938402.002
Available formats
×