EMERGING PROTECTION OF THE LGBTIQ COMMUNITY: GOOD PRACTICES AND SHORTCOMINGS IN THE ASYLUM PROCESS

Abstract

This article aims to analyse the asylum process within the European Union, more specifically with regard to the LGBTIQ people. Firstly, it will create a list of legal instruments and complementary documents, which will determine the degree of protection offered by both international organisations and transnational NGOs. Secondly, in light of pervious evolution of interpretation, the article seeks to present the framework, which leads to the possibility of granting refugee status to LGBTIQ persons. Although gender is not a specific reference in the refugee definition, it is widely accepted that persecution and harm can be inflicted on persons non-conforming to the traditional gender roles. Thirdly, it explores the challenging factors that are taken into account when granting refugee status to applicants with such sensitive grounds for the claims. Alongside the third part of the essay lies the question the paper seeks to ask. Therefore, the research is attempting to determine the extent of the protection offered to LGBTIQ asylum seekers and what can be improved in said process, both at the European level and national level.