The Law on Foreigners and International Protection and the Temporary Protection Regulation: An Analysis from Gender Perspective

Law on Foreigners and International Protection has entered into force on 14 April 2014. The Temporary Protection Regulation, which is based upon Article 91 of the Law has been in force since 22 October 2014. This article investigates these two legal texts from a critical and gender based perspective. The Law on Foreigners and International Protection and the Temporary Protection Regulation do not take into consideration that more than half of the refugees and migrants are women. They ignore the LGBTI who are persecuted because of their sexual orientation. Both legal texts with their conceptual framework and the gender insensitive procedural rules they provide are in contradiction with the Istanbul Convention. The Law and the Regulation refer to the EU Acquis, however they are incompatible with the gender sensitive framework of the concerned EU Directives.