Page 115 - IJPS-10-2

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

housed with other LGBTQI+ individuals, located orientation, gender, and gender identity; and being
closer to potential social support networks, and suggested that the recitals explicitly state that the
placed in single rooms when specific LGBTQI+ documents also address sexual characteristics
accommodations are unavailable; creating and gender expression whenever any of the
LGBTQI+-sensitive reception facilities across aforementioned terms are cited.
all EU member states; closely supervising (xvi). Suggesting that the EU addresses broader issues
accommodation centers to prevent inappropriate of discrimination and violence beyond the asylum
behavior; establishing LGBTQI+ offices to allow system, engaging in general awareness activities to
for asylum seekers and refugees in filing complaints combat discrimination.
when facing discrimination and harassment In relation to the groups addressed in each article, four
throughout their asylum process. of them exclusively focused on issues related to lesbian
(xi). Improving the quality of the country of origin asylum seekers and refugees. One article solely addressed
information used by asylum officers, rejecting matters concerning bisexual individuals, and two
the establishment of EU standard lists of safe others examined lesbians, gay individuals, and bisexual
countries of origin, and granting international individuals. The remaining articles focused on addressing
protection to individuals from places where non- LGBTQI+ individuals in general. This data is particularly
cisheteronormative sexual orientation and gender relevant, considering that the vast majority of studies
identity are criminalized.
(xii). Providing digital connectivity for asylum seekers regarding LGBTQI+ individuals revolve around gay men
(Alessi et al., 2020; Jansen, 2013; Wagner, 2016). Therefore,
by ensuring stable internet connections in discovering studies that acknowledge the specific struggles
accommodation centers; improving access to experienced by other subgroups within the acronym are
higher education, the labor market, and training; not only a welcome development but also essential, despite
promoting social support among asylum seekers the confirmed scarcity. Notably, there is an absence of
and collective agency; promoting initiatives studies exclusively dedicated to trans individuals, whose
that foster their integration into society; and gender non-conforming characteristics may produce even
generating a legal and social reform to support this more marginalization (Bento, 2006). This absence is “a
population.
(xiii). Being mindful of intersectionalities in LGBTQI+ clear indicator of the limited access of transgender people
to international protection due to the high degree of
asylum claims.
(xiv). Sharing the burden of proof with asylum seekers; stigmatization, pathologization, and persecution that these
ensuring that applications are not fast-tracked, people suffer in different countries due to their gender
identity” (Lafuente, 2014, p. 365). As Butler (1993) points
as this may cause more harm than good when out, the homosexual identity cannot serve as a universal
asylum seekers are still traumatized by the asylum
system, and lawyers have limited time to work representation of all queer identities. Future research
on their behalf; urging the EU not to consider a would, therefore, benefit from an increased focus on
late disclosure of sexual orientation or gender studies specifically addressing lesbian women, bisexuals,
and transgender asylum seekers and refugees. This
identity as damaging to one’s credibility in their
asylum application; shifting the focus of credibility approach would allow for a more comprehensive analysis
assessment to whether the actors of persecution of their intersectional, unique experiences and struggles,
perceive the applicant as an LGBTQI+ individual contributing to policy development and change.
instead of expecting them to provide elements 5. Discussion on public policies and societal
of their persecution; and replacing the clustering change
system to a case-by-case analysis that acknowledges
individual experiences. In light of the prevailing marginalization and life-
(xv). Naming LGBTQI+ groups separately instead threatening circumstances faced by LGBTQI+ asylum
of using a generic term like “gay people” or seekers and refugees, the question arises: How can states
“homosexuals” and addressing gender identity and formulate policies that foster a greater sense of visibility
sexual orientation as distinct concepts contributes and respect for this vulnerable population? What actions
to the recognition of gendered differences in the can states take to ensure equal protection for all subgroups
asylum system, acknowledging that gender, gender within this comprehensive acronym? It is vital to address
identity, and sexuality are different concepts; the difficulty of establishing and promoting services for a
improving the terminology related to sexual population that is still regarded as either ill or dangerous

Volume 10 Issue 2 (2024) 109 https://doi.org/10.36922/ijps.0871