Advanced

Asylum claims and the translation of culture into politics

Noll, Gregor LU (2006) In Texas International Law Journal 41(3). p.491-501
Abstract
Since the early 1990s, we have witnessed how the system of asylum law reacts to the relativization of the nation-state in the global domain. The growing emphasis on cultural aspects in the conceptualization of "being persecuted" has stressed the dimension of positive obligations. This emphasis has widened the discretionary margin of decision makers. The substantive vacuum at the "human rights core" of the concept of "being persecuted" is a precondition for processes of acculturation through the asylum procedure. In asylum decisions, constructions of a particular cultural identity are cloaked in the universal language of human rights. A central role is played by the assessment of credibility of the applicant, which is modeled on the... (More)
Since the early 1990s, we have witnessed how the system of asylum law reacts to the relativization of the nation-state in the global domain. The growing emphasis on cultural aspects in the conceptualization of "being persecuted" has stressed the dimension of positive obligations. This emphasis has widened the discretionary margin of decision makers. The substantive vacuum at the "human rights core" of the concept of "being persecuted" is a precondition for processes of acculturation through the asylum procedure. In asylum decisions, constructions of a particular cultural identity are cloaked in the universal language of human rights. A central role is played by the assessment of credibility of the applicant, which is modeled on the Christian practice of auricular confession. An applicant is credible where her "true identity" and that of the state of asylum correspond. Credibility assessments are but a reconfirmation of the identity of the asylum state and its protagonists. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
human rights, mänskliga rättigheter
in
Texas International Law Journal
volume
41
issue
3
pages
491 - 501
language
English
LU publication?
yes
id
5da029eb-3ea8-4cfc-b315-707cdd19b6be (old id 759093)
date added to LUP
2008-01-18 18:47:02
date last changed
2016-08-22 09:56:06
@article{5da029eb-3ea8-4cfc-b315-707cdd19b6be,
  abstract     = {Since the early 1990s, we have witnessed how the system of asylum law reacts to the relativization of the nation-state in the global domain. The growing emphasis on cultural aspects in the conceptualization of "being persecuted" has stressed the dimension of positive obligations. This emphasis has widened the discretionary margin of decision makers. The substantive vacuum at the "human rights core" of the concept of "being persecuted" is a precondition for processes of acculturation through the asylum procedure. In asylum decisions, constructions of a particular cultural identity are cloaked in the universal language of human rights. A central role is played by the assessment of credibility of the applicant, which is modeled on the Christian practice of auricular confession. An applicant is credible where her "true identity" and that of the state of asylum correspond. Credibility assessments are but a reconfirmation of the identity of the asylum state and its protagonists.},
  author       = {Noll, Gregor},
  keyword      = {human rights,mänskliga rättigheter},
  language     = {eng},
  number       = {3},
  pages        = {491--501},
  series       = {Texas International Law Journal},
  title        = {Asylum claims and the translation of culture into politics},
  volume       = {41},
  year         = {2006},
}