Rainbow Refugees Welcome, ‘The Reception of LGBTIQ+ Refugees in Europe’, 2021

Rainbow Refugees Welcome, ‘The Reception of LGBTIQ+ Refugees in Europe’, 2021

Abstract

Vulnerability comes in various forms and is often intersectional. Migration as a result of violence is an expression of that vulnerability, creating, in turn, others in the host country. The request for international protection through asylum is one of the ways to protect and guarantee the rights of people, when they are being persecuted or their rights are affected. Over the years, asylum has become a more recurrent figure of international protection. SOGI-based asylum has been progressively formally recognized in International, European and national standards, although gaps and problems still exist.

The main objective of this study is to show an overview of the current regulatory frameworks and procedures linked to SOGI-based applications (i.e.: applications for asylum based on persecutions or risks of persecutions for a person because of her/his sexual orientation or gender identity) at the international, European and national levels in four EU member states (Belgium, France, Italy and Spain), identifying relevant rules and basic characteristics of the procedures applicable. It also addresses some criticisms to existing regulations.

The study has been prepared using various sources: i) the information collected in each country-partner, ii) official reports, bulletins and databases of legal instruments, iii) reports and websites of international organizations dedicated to the LGBTIQ+ issue, and iv) results of  academic researches on the subject.

Keywords: European Immigration and Asylum Law, LGBTI asylum seekers credibillity, LGBTQI Human Rights, International Human Rights & LGBTIP Law, Violence against LGBTI population