ICJ convenes expert roundtable on asylum claims based on sexual orientation, gender identity or expression

ICJ convenes expert roundtable on asylum claims based on sexual orientation, gender identity or expression

The ICJ is today holding an expert roundtable on asylum claims based on sexual orientation, gender identity or expression.

Participants include asylum judges and lawyers; officials from national refugee status determination authorities, the Office of the UN High Commissioner for Refugees and the Office of the UN High Commissioner for Human Rights; asylum academics; and staff members from other NGOs, including the Organization for Refuge, Asylum & Migration (ORAM), the Human Dignity Trust (HDT), the Advice on Individual Rights in Europe (AIRE) Centre and the Belgian Refugee Council.

At the roundtable, taking place in Brussels, participants will discuss: the legal challenges and responses in the context of asylum claims based on sexual orientation, gender identity or expression and refugee law; reflections on the UNHCR’s Guidelines on International Protection No. 9: Claims to refugee status based on Sexual Orientation and/or Gender Identity; the concept of persecution and assessment of evidence in the context of those claims; and the relevance of European human rights law to asylum claims based on sexual orientation, gender identity or expression.

The programme of the expert roundtable can be downloaded here.

This roundtable forms part of a broader project of the ICJ on international protection claims based on sexual orientation, gender identity or expression. The ICJ’s commentary on the related CJEU judgment in X, Y and Z v The Netherlands can be downloaded here.

 

 

Upholding the freedom of assembly and association of LGBTI persons

Upholding the freedom of assembly and association of LGBTI persons

The ICJ, together with the International Lesbian and Gay Association (ILGA) and on behalf of ARC International, today delivered an oral statement to the Human Rights Council during an interactive dialogue with the UN Special Rapporteur on peaceful assembly and association.

The report of the Special Rapporteur addressed challenges faced by groups at risk, including lesbian, gay, bisexual, transgender and intersex persons.

The statement welcomed the report by the Special Rapporteur.

It referred to the Nigerian Same Sex Marriage (Prohibition) Act (which in fact criminalizes a much broader range of human rights-protected activities than its title would necessarily suggest), Uganda’s Anti-Homosexuality Act, and Ukraine’s draft law on “propaganda of homosexual relations”. All of these laws impede freedom of peaceful assembly of LGBTI persons. The Nigerian law also interferes with freedom of association, as it bans registration, funding and activities of “gay” organizations.

It also referred to Russia’s ban on “propaganda of non-traditional sexual relations”.

It emphasised the detrimental impact of such laws on the work of LGBTI human rights defenders and the activities of health care providers. It stressed that laws directly targeting the freedom of peaceful assembly or association of LGBTI individuals solely because of their sexual orientation or gender identity are inconsistent with international human rights law.

UN-HRC26-AssociationLGBTI-OralStatement-advocay-non legal submission-2014 (full text in pdf)

The report of the Special Rapporteur is available here.

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