Samenvatting

This dissertation offers an insight into international refugee law and the Common European Asylum System (CEAS). Its intention is to reveal discrimination and difficulties of lesbian, gay, bisexual and transsexual (LGBT) refugees in the European Union (EU). There is only little research done on the topic, due to inferior importance many people given to it. However, discrimination can only be successfully fought by a holistic approach tackling all aspects of injustice in societies, prevailing law and resulting judgements in a mutual way.

The interconnectedness of social situation, law and interpretation is the basic assumption of this dissertation. It reveals that the EU member states have different sentiments and acceptance toward LGBT people. This leads to a different perception and treatment of LGBT refugees. In the same way asylum applications and granting asylum diverge substantially in the member states even though they adhere to the same international and EU specific standards.
As the neutrality of law is an illusion, looking to the emergence of
international refugee law and constitutional law, the crucial point were justice is served is the interpretation of the applied jurisprudence. Refugee law is about granting protection to persecuted people and recognising them as refugee. The only way to successfully harmonize member states' national asylum legislation and reach a Common European Asylum System is, to create awareness of the topic and enhance acceptance of LGBT sexual-identity in the whole EU society.