Persecution, Protection and Immutable Identity

Contextualising Asylum Claims Based on Sexual Orientation in Canada and Finland

Abstrakti

In many countries around the world, homosexuality continues to be labelled a mental disease, penalized as a crime by the law, condemned as a sin by religious institutions, and even punishable by torture and execution by state authorities and non-state actors. Stemming from such abhorrent levels of widespread persecution and the continued development of sexual orientation rights-based legislation in the West, refugee claims based on sexual orientation have begun to rise in such states as Canada and Finland which recognize sexual minorities in their respective asylum policies. While there is no country in the world where sexual minorities are entirely free from harassment and oppression, thousands of these ‘gendered’ claims have been fi led with the belief that such nations are sanctums of hope and freedom. Although both countries have had historically different immigration experiences, this comparative study aims to provide an illustrative overview of such identity-based national asylum policies and practices in both Canada and Finland.