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7 - Drawing Lines

Distinguishing Protected Groups from Persecuted Groups

from Part II - Exploring the Limits of Protection

Published online by Cambridge University Press:  19 July 2021

Janna Wessels
Affiliation:
Vrije Universiteit, Amsterdam
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Summary

Chapter 7 shows that the struggles concerning the claimant’s potential ‘discretion’ have remained the same since Grahl-Madsen’s groundbreaking 1966 book. On the one hand, it may be the persecutor who defines what and who is persecuted. In this case, it is relevant whether harm is differentially inflicted due to the fact that the persecutor imputes or assumes a political opinion, irrespective of the claimant’s ‘actual’ convictions. On the other hand, it may be the claimant who defines group membership. Here, it is relevant whether the claimant has a deeply held political opinion. The task for the decision-maker is then to establish the deep conviction. The approaches do not necessarily map onto each other. When what is defined as the protected group does not equal the persecuted group as defined by the persecutor, ‘discretion’ logics emerge: Ultimately, in all these approaches, the protected group is made up of those who have been or are deemed at risk of being discovered by the persecutor – that risk being deduced either from their identity or their conduct, but always linked to their past or presumed future visibility. Those deemed ‘unrecognisable’ fall outside the protected group and are returned to (continued) ‘discretion’.

Type
Chapter
Information
The Concealment Controversy
Sexual Orientation, Discretion Reasoning and the Scope of Refugee Protection
, pp. 171 - 183
Publisher: Cambridge University Press
Print publication year: 2021

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  • Drawing Lines
  • Janna Wessels, Vrije Universiteit, Amsterdam
  • Book: The Concealment Controversy
  • Online publication: 19 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108938402.010
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  • Drawing Lines
  • Janna Wessels, Vrije Universiteit, Amsterdam
  • Book: The Concealment Controversy
  • Online publication: 19 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108938402.010
Available formats
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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.

  • Drawing Lines
  • Janna Wessels, Vrije Universiteit, Amsterdam
  • Book: The Concealment Controversy
  • Online publication: 19 July 2021
  • Chapter DOI: https://doi.org/10.1017/9781108938402.010
Available formats
×