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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
Are vulnerability screenings conducted prior to any form of
detention, to ensure that alternatives are first considered?
If initial vulnerability screenings are in place, do they include specific considerations relevant to the situation of LGBTI
persons?
Do the interviews provide for the safe and dignified disclosure
of sexual orientation and gender identity?
Do trans asylum seekers have access to legal gender recognition upon arrival?
What safeguards are in place to ensure the confidentiality of
information regarding applicants’ sexual orientation or gender
identity? Who has access to this information?
If an applicant is deemed vulnerable because of their sexual orientation or gender identity, what measures are taken? Is
there a scheme in place to divert such detainees from regular
reception/detention centers if their safety cannot be ensured?
What are the alternatives?
Yogyakarta Principles on the Application of International Human Rights
Law in Relation to Sexual Orientation and Gender Identity
Principle 23. The Right to seek Asylum
“Everyone has the right to seek and enjoy in other countries asylum from
persecution, including persecution related to sexual orientation or gender identity. A State may not remove, expel or extradite a person to any
State where that person may face a well-founded fear of torture, persecution, or any other form of cruel, inhuman or degrading treatment or
punishment, on the basis of sexual orientation or gender identity.
States shall:
E
Ensure that persons seeking asylum are protected from violence, discrimination and other harm committed on grounds of sexual orientation,
gender identity, gender expression or sex characteristics, including during the determination of their claims and in reception conditions; […]
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