122 Towards the Effective Protection of LGBTI Persons Deprived of Liberty where there is cultural disapproval or stereotyped and ethnocentric views of LGBT individuals. Similarly, delays in disclosing sexual orientation or gender identity should not negatively affect the asylum procedure, given the sensitive nature of questions relating to someone’s personal identity and sexuality, as well as feelings of shame, emotional trauma, and internalized homophobia or transphobia that are sometimes experienced by LGBT asylum seekers. Difficulties in expressing their experiences in accordance with commonly used labels and terminology may also exacerbate their invisibility, and asylum officers should therefore be cautious in applying such labels and ensuring they do not fail to recognize a valid claim. It is of particular importance that the right to legal recognition of self-defined sexual orientation and gender identity is guaranteed, as this may be a prerequisite for States to appropriately recognise LGBTI persons as a group in need of particular legal protection. Bisexual persons might be pressured by immigration officers to avoid same-sex relationships in order to be safe. Good practice UNHCR Guidelines on international protection regarding claims to refugee status based on sexual orientation and gender identity Pursuant to its mandate, the United Nations High Commissioner for Refugees (UNHCR) issues Guidelines on international protection to provide legal interpretative guidance for governments, legal practitioners, decision makers, and the judiciary. In 2012, the UNHCR published Guidelines on international protection N°9 on “Claims to refugee status based on sexual orientation and/or gender identity90”. The guidelines provide authoritative interpretation on well-founded fear of being persecuted on the grounds of sexual orientation and gender identity, and consider that being able to avoid persecution by concealing or being “discreet” about sexual orientation or gender identity is not a valid reason for denying refugee status. The guidelines also provide a series of measures that aim to ensure that refugee claims relating to UNHRC, Guidelines on international protection N°9: Claims to refugee status based on sexual orientation and/or gender identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees, 23 October 2012, HCR/GIP/12/09. 90

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