These papers were written by students in their final year of Master in law. The papers were selected for their interest for practitioners, for the originality of the subject treated or the approach adopted. We thank our students for making these high-quality works freely available.
Anyone who is a member of a minority is likely to face persecution in his or her country of origin. In such situations, victims of inequality have the opportunity to apply for asylum. When such violence is linked to the applicant's sexual preferences, the reason given is that of sexual orientation. If the situation of homosexual men seeking asylum is frequently addressed in the doctrine, this is not necessarily the case for lesbians. This paper analyzes the way in which Belgian jurisprudence integrates and conjugates the criteria of gender and sexual orientation within the litigations concerning asylum claims related to sexual orientation. Do lesbians in fact benefit from adequate protection and an adapted procedure?
Since the end of the first Libyan civil war, Libya' institutional and security void has made the country a major hub for illegal migration in Africa. Yet, in the absence of rule of law and an asylum system that respects human rights, migrants on Libyan territory suffer serious and massive violations of their fundamental rights. In this paper, we wish to analyze whether international human rights law could offer a response to these abuses: do human rights instruments provide adequate protection to migrants in Libya? Is it possible to obtain, through these instruments, a conviction against the perpetrators of this violence? If so, would such a conviction be effective? These are the questions that we have tried to answer, through an analysis, on the one hand, of the specific situation of migrants in Libya, and on the other hand, of the legal instruments available and adapted to react to this situation and of the mechanisms ensuring the respect of these instruments.
The author analyzes the ways a refugee can legally enter a third country. Her academic exchange in Canada allows her to compare Canadian and European law.
Jérôme Noël, Annexes.
The study analyses the transposition of the concept of safe country of origin into Belgian law. The first part deals with the implementation of the Procedure Directive I via a derogation procedure for the processing of applications submitted from safe countries of origin. Has it achieved the objective set by the Belgian legislator? Has it fulfilled its objective of combating what the Belgian legislator described as "inappropriate use of the asylum procedure"? The second part deals with the second period of application of the "safe countries of origin" procedure in Belgium. It recalls the scope of the Procedure Directive II. It then points out the differences between the "safe countries of origin" derogation regime contained in the recast and that of the Procedure Directive I. Finally, the research analyses the "safe countries of origin" procedure as it has been applied in Belgian asylum law since 22 March 2018 in the light of the ratio legis of the law of 21 November 2017.
The originality of the research lies in the fact that the author analyses the asylum procedure through criminology. She deals with the institutional process of the asylum application, based on the experiences of the actors involved in this process. The objective is twofold: on the one hand, it is a question of partially filling a "literary void" in the field of asylum. And on the other hand, it is about bringing a new and original point of view on the asylum issue.
The author observes that some Western judges, in their legal reasoning, highlight a certain form of cultural relativism, thus justifying the refusal of an asylum application. Since the Geneva Convention does not in any way specify the content of the notion of persecution, the place of the cultural conception may constitute the resurgence of various questionings.