A Monitoring Guide
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of liberty of migrants”, the WGAD stated that because they are in
situations of vulnerability LGBTI persons must not be detained91,
and some States have adopted presumptions against detention that
apply either explicitly or implicitly to LGBTI persons. Ongoing screening mechanisms should be in place to identify situations where
the safety of LGBTI migrants cannot be guaranteed in detention, or
where the detention regime amounts to ill-treatment. In such cases,
LGBTI migrants should be released and proper alternatives to detention should be sought.
After numerous incidents of violence against LGBT asylum seekers in reception centers in Germany were documented by the Lesbian and Gay
Federation of Germany (LSVD), the state government for Berlin classified
LGBT refugees as a social group in need of special treatment and protection, in particular with regard to housing. This was followed in 2016
by the opening of a special shelter for 125 LGBT asylum seekers, run by
Schwulenberatung Berlin (a counseling center for LGBT people) and staffed with gay- and trans-friendly personnel. Assistance is also provided to
ensure that LGBT migrants are able to find housing in the private sector
as soon as possible.
While Schwulenberatung Berlin recognizes that it would be better to
make reception centers safe for LGBT migrants, the current situation and
their high exposure to violence calls for a presumption that alternatives
are needed to ensure their protection. Furthermore, as part of the state
government’s policy, all staff working in reception centers are to receive
special trainings on the situation of LGBT asylum seekers.
Monitoring checklist
Do interviews with asylum seekers and other migrants include
vulnerability screenings to identify specific protection needs?
Working Group on Arbitrary Detention, Revised Deliberation N°5 on the deprivation of liberty of migrants, 7 February 2018, para. 41.
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Chapter V
Good practice
Safe shelters for LGBT asylum seekers
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