Sårbart skydd – en undersökning av rätten till jämlik tillgång till en effektiv asylprocess för asylsökande med PTSD utifrån Europakonventionen ur ett kritiskt intersektionalitetsperspektiv

Sammanfattning: This essay examines the equal right to access to an effective asylum process for asylum seekers with PTSD under the European Convention on Human Rights. In the asylum process, certain criteria are set out for determining the credibility of the asylum story. PTSD is a disability that makes it difficult for the asylum seeker to meet these criteria. Using an international legal dogmatic method focused to evolutive interpretation, the meaning of Article 13, and Article 14 in conjunction with Article 13 of the ECHR when read in the light of the UN Convention on the Rights of Persons with Disabilities, is therefore investigated. This, to clarify what requirements can be placed on the asylum process, so that asylum seekers with PTSD have access to it on equal terms with others. As the issue at hand highlights a nexus between two human rights dimensions, the essay is written from a critical intersectionality perspective focused on asylum and disability. The results of the analysis show that CRPD both strengthens and complicates several aspects of the articles of the ECHR. For example, the requirement that the asylum process must be accessible both in practice and in law is strengthened, whereas justification of discrimination against asylum seekers with PTSD becomes more difficult. The results are then problematized from the critical intersectionality perspective and previous research. Finally, steps forward are discussed, combining higher demands on the European Court of Human Rights and its use of CRPD, with an alternative discourse on asylum law based on the critical intersectionality perspective and Martha Fineman's theory of vulnerability.