Page 110 - IJPS-10-2

International Journal of
Population Studies Recognition and protection of LGBTQI+ asylum

In this scenario, literature reports cases of asylum for constructing a more solidary and diverse planet,
seekers and refugees facing hostility, physical and besides being a human right (Freitas Júnior et al., 2017),
psychological violence, as well as denials of adequate it should be noted that mass migratory movements give
protection, information, fundamental rights, and access rise to planned actions (Whittaker, 2006) to prevent them
to specialized personnel and services (Zaun, 2017). from reaching the magnitude of an avoidable scourge.
Furthermore, some states place asylum seekers in isolated, The strategy of using research to garner public interest is
remote, or inaccessible locations and impose mandatory corroborated by Jung (2015), who affirms that research-
detention and confinement, which often results in torture, based actions concerning LGBTQI+ asylum seekers and
refoulement, and other rights violations. Even when refugees can influence public opinion, practices, and
these issues are raised or questioned, they often devolve policies. A comprehensive literature search reveals a
into a matter of the state’s word against the victim. This scarcity of literature on LGBTQI+ issues within scientific
is primarily due to the absence of proper complaint databases (Zanin, 2019), which appears to corroborate
mechanisms or inter-state accountability, which would Jung’s statement, as this segment of the population has, if
otherwise help prevent or mitigate such violations and not stressed enough, often been put in a subaltern position
disregard for international obligations that happen since the inception of its organized movement. Therefore,
regularly (Gammeltoft-Hansen, 2011). addressing LGBTQI+ asylum contributes to raising
awareness and improving the services provided by the
The “banalization” of rights violations affecting asylum
seekers – among other migrant populations – appears to states (Ferreira, 2011).
challenge the legal system responsible for ensuring the 2. Human rights violations and LGBTQI+
observance of certain rights. These rights, due to their individuals as a particular social group
essential nature in protecting individuals, are categorized
as human rights and are incredibly crucial for members Despite human dignity being inherent in every human
of vulnerable social groups (Ramos, 2018). On a similar being, which should be sufficient to protect them from
note, politicians and the media also contribute to the discrimination and ensure minimum survival standards
marginalization of asylum seekers and refugees, as well (Ramos, 2018), the reality does not comply with such
as the harsh response toward migrants and their rights, a maxim. On the contrary, LGBTQI+ individuals are
by encouraging xenophobia and deep-rooted prejudice constantly denied fundamental rights and marginalized
against these populations (Whittaker, 2006). due to their non-conforming sexual orientation and gender
identity (Donnelly, 2013). The origins and reinforcement
LGBTQI+ (lesbian, gay, bisexual, transgender, queer,
intersex, and other sexual and gender identities) asylum, of hatred toward LGBTQI+ individuals seem to have
diverse roots, encompassing not only religious beliefs
more specifically, has received relatively modest attention, but also so-called principles, cultural preservation, anti-
and everything indicates that it falls short of the importance Western nationalism, and colonial heritage (Holley,
and grandeur that the phenomenon should arouse. The first 2015), especially the sodomy laws left behind as a legacy
decisions date back to the 1990s, coinciding with a particular by the British colonial rule (Bruce-Jones, 2015; Han &
consolidation of the LGBTQI+ movement following the O’Mahoney, 2014; Ibrahim, 2015). As “the education
Stonewall Uprising, which catalyzed the demand for rights of colonial subjects complements their production in
in Europe and the United States of America. Taking into law” (Spivak, 2010, p. 57), LGBTQI+ individuals are
consideration the high number of asylum seekers and still denied access to fundamental human rights such
refugees worldwide, the reported violations of their rights, as employment, housing, and health care (Flage, 2019;
the particular vulnerability of LGBTQI+ individuals, and Jovanović, 2020; Sherriff et al., 2019; Yilmaz & Göçmen,
the continuously expanding literature on both LGBTQI+ 2016), and continue to be persecuted by both public and
individuals and LGBTQI+ asylum, this article aims to raise private parties (Makia, 2019). LaViolette (2010) affirms
awareness of the vulnerability faced by LGBTQI+ asylum that violent acts against sexually minoritized groups,
seekers and refugees, especially those who find themselves whom the author defines as LGBTQI+ individuals, are
in a position where their intersectional characteristics often committed by private parties rather than state agents.
are overlooked by public agents. In addition, it seeks to These acts may include assault, rape, torture, and pressure
disseminate the role that public policies play in protecting to conform to social rules regarding gender roles. Despite
and encouraging social inclusion and rights for this this, LGBTQI+ persecution was not included in the core
segment of the population. motivations for seeking asylum, as outlined in the 1951
Based on the premise that cultural diversity is Refugee Convention, nor in any subsequent convention.
indispensable to humanity and that migration is a means However, due to the denial of rights, discrimination, and

Volume 10 Issue 2 (2024) 104 https://doi.org/10.36922/ijps.0871