What 'Safe Harbours' are there for sexual orientation and gender identity asylum claims? A human rights reading of international law of the sea and refugee law
In the context of the current Mediterranean ‘crisis’, which led to closed harbours to migrants headed to Europe, this paper analyses what a ‘safe harbour’ really means for people claiming asylum on SOGI grounds. To this purpose, it carries out a human rights reading of relevant rules of the international law of the sea and of refugee law, looking also at the extraterritorial application of human rights obligations. Trying to fill a gap in the literature in these fields, it argues that, in light of their migratory experience, granting a ‘safe harbour’ to SOGI claimants requires a more comprehensive reading of the connected notion of ‘place of safety’, at least in terms of routes, destinations and receptions. In particular, if implemented in an effective way and with due diligence, the relevant negative and positive obligations biding EU Member States and the EU may ensure an immediate improvement for this group of claimants' experience during their travel to, and arrival in, Europe
