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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents