LGBT’s as Special Groups Seeking Asylum Rights (Asylum, gender, sexual orientation, persecution, legislations)

Kajori Bhatnagar

doi:10.53724/lrd/v2n3.04

Authors

Kajori Bhatnagar Assistant Professor, Uils Panjab University, Punjab, India Email Address: bhatnagarkajori@gmail.com

DOI:

https://doi.org/10.53724/lrd/v2n3.04

Keywords:

LGBT’s as Special Groups Seeking Asylum Rights (Asylum, gender, sexual orientation, persecution, legislations), LGBT Rights, Human Righs of LGBT, Gender Justice, Gender Equali

Abstract

The Universal Declaration of Human Rights enshrines the right of all persons to seek and enjoy asylum. Refugees are individuals who have fled their country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership of a particular social group. The United Nations High Commissioner for Refugees (UNHCR), as well as some countries of asylum, have recognized that lesbian, gay, bisexual and transgender (LGBT) and intersex individuals may qualify as “members of a particular social group”, which is an imperative factor in refugee status determination. The identification crisis and their attribution of self determination often lead to compounded issues of abuse and the reasons of flight. However, what is important is that their individuality is rightly identified and respected

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References

UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951; Protocol Relating to the Status of Refugees, 31 January 1967.

Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, March 2007, (hereafter “Yogyakarta Principles”), available at : http://www.yogyakartaprinciples.org/principles_en.htm, visited on 11th feb,2018

As defined in Article 1A (2) of the Convention relating to the Status of Refugees, 28 July 1951, available at : http://www.unhcr.org/refworld/docid/3be01b964.html, visited on 11th feb,2018

Ibid.

Michael O‟Flaherty and John Fisher, “Sexual Orientation, Gender Identity and International Human Rights Law: Contextualizing the Yogyakarta Principles” (2008), Human Rights Law Review, Vol. 8, No. 2, 207–48, at 232, available at http://hrlr.oxfordjournals.org/cgi/reprint/8/2/207, last visited on, 11th feb,2018

International Lesbian, Gay, Bisexual, Trans and Intersex Association („ILGA”), State–Sponsored Homophobia: a World Survey of Laws Prohibiting Same-sex Activity Between Consenting Adults, May 2010, available at http://old.ilga.org/Statehomophobia/ILGA_State_Sponsored_Homophobia_2010.pdf, last visited on 11th Feb.

Nicole La Violette “UNHCR Guidance Note on Sexual Orientation and Gender Identity: a Critical Commentary”, (2010), 22 Int‟l J. Refugee L. 173–208, at 183, available at http://ijrl.oxfordjournals.org/cgi/content/short/22/2/173?rss=1, last visited on 11th Feb.

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Ibid.

The Protection of Lesbian, Gay, Bisexual, Transgender and Intersex Ayslum Seekers and Refugees, available at http://www.refworld.org/pdfid/4cff9a8f2.pdf, last visited on 11th Feb, 2018

Ibid. 13Ibid.

Ibid.

Helsinki Citizens‟ Assembly-Turkey and Organization for Refuge, Asylum and Migration, Unsafe Haven: the Security Challenges Facing Lesbian, Gay, Bisexual and Transgender Asylum Seekers and Refugees in Turkey, June 2009, 14–15, (hereafter “Unsafe Haven”) available at : http://oraminternational.org/sites/default/files/pdf/Unsafe%20Haven%20Final.pdf, last visited on 11th Feb,2018.

Ibid.

Supra note 11.

Ibid.

Supra note 8

Ibid.

Guidelines on International Protection no. 9, available at http://www.unhcr.org/50ae466f9.pdf, last visited on 12th Feb