Page 113 - IJPS-10-2

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

membership of a particular social group, included and “sexual orientation.” Out of 309 documents found, 64
“homosexuals” in its interpretation of Article 1A(2) of the were selected for analysis based on their abstracts, tables
Refugee Convention. In contrast, the primary purpose of of content, introductions, and conclusions. This analysis
Guideline No. 9 is to discuss and theorize claims to refugee aimed to determine whether they addressed LGBTQI+
status based on sexual orientation and gender identity. This asylum and refugee policies and experiences in Europe or
document places a significant emphasis on the content, any specific European state at the domestic, regional, or
definition, and correct use of terms and expressions that international levels. The selected documents will be further
characterize the LGBTQI+ community. Published in 2012, described in terms of their scope and the population they
it takes a more contemporary approach and complements studied.
the 2011 Handbook (United Nations High Commissioner In addition to articles that addressed the European
for Refugees, 2012). continent or the European Union (EU) as a whole, the
The Handbook does not mention LGBTQI+ individuals review included articles from 16 other states: Austria,
anywhere in the book, not even in the chapters addressing Belgium, Denmark, France, Greece, Germany, Italy, the
persecution, discrimination, and membership of a Netherlands, Norway, Portugal, Serbia, Spain, Sweden,
particular social group. In these chapters, the Handbook Switzerland, Turkey, and the United Kingdom. It is worth
reinforces examples related to race, religion, and noticing that, apart from Turkey, these states are situated
nationality. However, in the 2019 reissue of the Handbook, in Northern, Southern, and Western Europe. To achieve a
a specific foreword was added to acknowledge the inclusion more comprehensive understanding, it is essential to locate
of LGBTQI+ issues. The inclusion incorporated Guidelines more studies covering Eastern European countries, which
No. 1, 2, and 9, among other documents, as annexes at the were not found in this systematic review.
end of the book (United Nations High Commissioner for This systematic review revealed that the majority
Refugees, 2019). In Guidelines No. 9, there is a thorough of articles (15.7%) concentrated on the presence of
theorization and reporting on the LGBTQI+ community stereotypes during the asylum process, particularly related
and the claim to refugee status based on sexual orientation to how LGBTQI+ individuals are expected to express their
and gender identity. Furthermore, it is important and identity and sexuality. Following this, 11.2% of the articles
relevant that UNHCR acknowledges the inherent focused on topics such as training, sensitization, and
limitation in defining terms and recommends interpreting expert advice related to LGBTQI+ asylum issues. Another
membership of a particular social group in an evolving 11.2% of the articles discussed the infrastructure provided
manner (United Nations High Commissioner for Refugees, to LGBTQI+ asylum seekers and refugees, encompassing
2002a). This approach can be extended to the terms used in reception conditions, accommodation center facilities,
the Refugee Convention as a whole, reinforcing the human and the provision of essential services. The fourth category
rights approach as a cornerstone of International Refugee pertained to the vulnerabilities faced by LGBTQI+
Law. individuals during the asylum process and the necessity
for specialized procedures to support them (9.1%). Finally,
4. A systematic literature review on 8.6% of the articles examined the support offered by non-
European LGBTQI+ asylum policies governmental organizations to LGBTQI+ asylum seekers

To understand the current discussions on LGBTQI+ and refugees.
asylum policies, particularly whether they have addressed When it comes to addressing stereotypes, which is the
specific subgroups, a systematic literature review was most discussed category and, therefore, receives the most
conducted on five large databases, as follows: HeinOnline, attention, one document critiques the fact that many states
DART-Europe Portal, Bielefield Academic, University of are looking for a particular LGBTQI+ profile and only
São Paulo Portal, and CAPES Portal. The databases were desire to welcome those who conform to their westernized
chosen out of convenience based on their scope, reach, criteria: “Norway can be a haven for queer asylum
and ease of access. The search aimed to identify original seekers, but merely for those who adhere to Norway’s
works in the form of articles, theses, books, book chapters, homonormative understanding of sexual identity and
reports, and other documents that discuss or propose gender identity” (Torvik, 2017, p. 84). Gill and Good
LGBTQI+ asylum policies in Europe or European states. (2019) highlight a paradox in the acceptance of LGBTQI+
A set of keywords, arranged in various combinations, was asylum seekers and refugees in European states. While
used to retrieve relevant documents, including “affirmative these states portray themselves as representatives of human
action,” “affirmative policies,” “asylum policies,” “asylum,” rights that create communities with shared values, in the
“Europe,” “LGBT,” “queer,” “refugee,” “refugee policies,” end, they retain discretionary rights to decide who enters

Volume 10 Issue 2 (2024) 107 https://doi.org/10.36922/ijps.0871