How Human Rights reduce refugee protection

Using queer theory approaches to analyse the law may seem somewhat ‘niche’ to some; their relevance does not appear immediately relevant to research beyond the queer subject. However, queer theory offers empirical legal scholars a unique set of tools and vocabulary to challenge and interrogate the social-cultural biases, norms and assumptions underlying legal discourse. By destabilising certain shared understandings, queer theory can provide fresh perspectives and insights into diverse areas of research. This post aims to illustrate the far-reaching potential of queer theory as an analytical lens by reference to an example from asylum law – namely by shedding light on the ways in which a human-rights based approach can reduce the scope of refugee protection.