Sexual Orientation and Gender Identity
Publisher | UN High Commissioner for Refugees (UNHCR) |
Publication Date | 2011 |
Cite as | UN High Commissioner for Refugees (UNHCR), Sexual Orientation and Gender Identity, 2011, available at: http://www.refworld.org/docid/4eb8d1932.html [accessed 18 January 2017] |
Sexual Orientation and Gender Identity
Refworld contains a wealth of documents related to Sexual Orientation and Gender Identity, including legal, policy and background information. This "Special Feature" on Sexual Orientation and Gender Identity is regularly maintained and contains legal, policy and operational material.
- Legal Documents Related to Sexual Orientation and Gender Identity
- International Commission of Jurists, Sexual Orientation, Gender Identity, and Justice: A Comparative Law Casebook, 6 September 2011
- International Commission of Jurists, Sexual Orientation and Gender Identity in Human Rights Law. References to Jurisprudence and Doctrine of the United Nations Human Rights System, April 2010
- Homosexual Rights, Council of Europe: European Court of Human Rights, June 2010
- International Commission of Jurists, Sexual Orientation and Gender Identity in Human Rights Law: Jurisprudential, Legislative and Doctrinal References from the Council of Europe and the European Union, October 2007
- Case Law
- X. v. The Head of the Office for Foreigners, Poland: Refugee Board, 25 July 2012
- Francis Ojo Ogunrinde v. Canada (Minister of Public Safety and Emergency Preparedness; Minister of Citizenship and Immigration), 2012 FC 760, Canada: Federal Court, 15 June 2012
- Caso Atala Riffo y Niñas v. Chile, Inter-American Court of Human Rights, 24 February 2012
- LZ (homosexuals) Zimbabwe v. Secretary of State for the Home Department ,CG [2011] UKUT 00487 (IAC), 8 January 2012
- SW (lesbians - HJ and HT applied) Jamaica v. Secretary of State for the Home Department,CG [2011] UKUT 00251(IAC), 24 June 2011
- Todorovic v. US Attorney General, No. 09-11652, US Court of Appeals for the Eleventh Circuit, 27 September 2010
- HJ (Iran) and HT (Cameroon) v. Secretary of State for the Home Department, [2010] UKSC 31, United Kingdom: Supreme Court, 7 July 2010
- Schalk and Kopf v. Austria, Application no. 30141/04, European Court of Human Rights, 24 June 2010
- NR (Jamaica) v Secretary of State for the Home Department [2009],EWCA Civ 85621, 5 August 2009
- Okoli v. Canada (Minister of Citizenship and Immigration), 2009 FC 332, Canada: Federal Court, 31 March 2009
- RRT Case No. 071818233, [2008] RRTA 62, 15 February 2008
- Decision No. MA6-01580 (Private Proceeding), Immigration and Refugee Board of Canada, 12 January 2007
- DW (Homosexual Men; Persecution; Sufficiency of Protection) Jamaica CG [2005] , UKAIT 00168, 28 November 2005
- HC (Lebanon) 2005, EWCA Civ 893, 20 July 2005
- Nasser Mustapha Karouni v. Alberto Gonzales, Attorney General, US Court of Appeals, Ninth Circuit, No. 02-72651, 399 F.3d 1163 (2005), 7 March 2005
- Refugee Appeal No. 74665/03, New Zealand Refugee Status Appeals Authority, 7 July 2004
- F v UK App, (Admissibility Decision): 17431/03, European Court of Human Rights, 22 June 2004
- Appellant S395/2002 v. Minister for Immigration and Multicultural Affairs, [2003] HCA 71, High Court of Australia, 9 December 2003
- Hernandez-Montiel v. Immigration and Naturalization Service, F.3d 1084, United States Court of Appeal for the 9th Circuit, 24 August 2000
- Refugee Appeal No. 1312/93, Re GJ, New Zealand Refugee Status Appeals Authority, 30 August 1995
- Matter of Toboso-Alfonso, United States Board of Immigration Appeals, 20 I& N. Dec 819,12 March 1990,
- Dudgeon v the UK, Application No. 7525/76, European Court of Human Rights, 22 October 1981
- UNHCR Policy Documents Related to Sexual Orientation and Gender Identity
- Guidelines on International Protection No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees, HCR/GIP/12/01, UN High Commissioner for Refugees, 23 October 2012
- Summary Report, Informal Meeting of Experts on Refugee Claims relating to Sexual Orientation and Gender Identity, UN High Commissioner for Refugees, 10 September 2011
- Guidelines on International Protection No. 1: Gender-Related Persecution Within the Context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees, HCR/GIP/02/01, UN High Commissioner for Refugees, 7 May 2002
- Guidelines on International Protection No. 2: "Membership of a Particular Social Group" Within the Context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees, HCR/GIP/02/02, UN High Commissioner for Refugees, 7 May 2002
- UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity, HCR/GIP/02/02, UN High Commissioner for Refugees, 21 November 2008
- The Protection of Lesbian, Gay, Bisexual, Transgender and Intersex Asylum-Seekers and Refugees, HCR/GIP/02/02, UN High Commissioner for Refugees, 22 September 2010
- Selected Documents Relating to Sexual Orientation and Gender Identity Relevant to International Refugee Protection, UN High Commissioner for Refugees, October 2009
- Summary Conclusions: Asylum-Seekers and Refugees Seeking Protection on Account of their Sexual Orientation and Gender Identity, UN High Commissioner for Refugees, November 2010
- UNHCR's Comments on the Practice of Phallometry in the Czech Republic to Determine the Credibility of Asylum Claims based on Persecution due to Sexual Orientation, UN High Commissioner for Refugees, April 2011
- Advisory Opinion by UNHCR to the Tokyo Bar Association Regarding Refugee Claims Based on Sexual Orientation, UN High Commissioner for Refugees, 3 September 2004
- HJ (Iran) and HT (Cameroon) v. Secretary of State for the Home Department - Case for the first intervener (the United Nations High Commissioner for Refugees), UN High Commissioner for Refugees, 19 April 2010
- Other Policy Documents Related to Sexual Orientation and Gender Identity
- Yogyakarta Principles - Principles on the application of international human rights law in relation to sexual orientation and gender identity, International Commission of Jurists, March 2007
- Affirmative Asylum Procedures Manual, III B. 13, Transsexual Asylum Applicants, United States Bureau of Citizenship and Immigration Services, 2007
- Sexual Orientation Issues in the Asylum Claim, United Kingdom: Home Office, 6 October 2011
- Documents Related to Sexual Orientation and Gender Identity
- "Judging gender: Asylum adjudication and issues of gender, gender identity and sexual orientation", 26 October 2012
- Born Free and Equal: Sexual Orientation and Gender identity in International Human Rights Law, HR/PUB/12/06, September 2012
- "Ensuring Protection to LGBTI Persons of Concern" : Keynote Address by Volker Turk, Director of International Protection, UNHCR Headquarters, 20 September 2012
- Trans and intersex people: Discrimination on the grounds of sex, gender identity and gender expression, June 2011
- "Free And Equal In Dignity And Rights", 6 December 2011
- Report of the United Nations High Commissioner for Human Rights on Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity , UN Human Rights Council, 17 November 2011
- Fleeing Homophobia, Asylum Claims related to sexual orientation and gender identity in Europe, Jansen S. and Spijkerboer T, Vrije Universiteit Amsterdam, September 2011
- Joint Statement on Ending Acts of Violence Related Human Rights Violations Based on Sexual Orientation and Gender Identity, UN Human Rights Council, 22 March 2011
- Statement on Human Rights, Sexual Orientation and Gender Identity, UN Human Rights Council, 18 December 2008
- Discrimination on Grounds of Sexual Orientation and Gender Identity, Council of Europe, September 2011
- Human Rights and Gender Identity, Council of Europe, Commissioner of Human Rights, Issue Paper (2009)
- Discrimination against transgender persons must no longer be tolerated, Council of Europe: Commissioner for Human Rights, 5 January 2009
- Put your Hands Up (If you feel love), Chelvan S., Journal on Immigration Asylum and Nationality Law, (25) (1) (March 2011)
- Sexual Orientation in Refugee Status Determination, Refugee Studies Centre, Working Paper Series No. 73, 5 January 2009
- Resolution on Homophobia in Europe, P6_TA(2007)0167, European Union: European Parliament, 26 April 2006
- Resolution on the Case of the Iranian Citizen Sayyed Mehdi Kazemi, P6_TA(2008)0107, European Union: European Parliament, 13 March 2008
- Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity - 2010 Update, ISBN 978-92-9192-631-2, Organization of American States, 10 December 2010
- Human rights, sexual orientation, and gender identity, AG/Res. 2504 (XXXIX-O/09), Organization of American States, 4 June 2009
- Human rights, sexual orientation, and gender identity, AG/Res. 2435 (XXXVIII-O/08), Organization of American States, 4 June 2008
- Country-Specific Information
- Country-of-origin information to support the adjudication of asylum claims from Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI') asylum-seekers : Belize, 14 November 2012
- A Dream Deferred: Is the Equality Clause in the South African Constitution's Bill of Rights (1996) just a far-off Hope for LGBTI Asylum Seekers and Refugees?, June 2012
- The Road to Safety: Strengthening Protection for LGBTI Refugees in Uganda and Kenya, Human Rights First, 2012
- European Parliament resolution of 24 May 2012 on the fight against homophobia in Europe, 24 May 2012
- UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Eritrea, HCR/EG/ERT/11/01, UN High Commissioner for Refugees, 20 April 2011
- UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Afghanistan, HCR/EG/AFG/10/04, UN High Commissioner for Refugees, 17 December 2010
- UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Sri Lanka, HRC/EG/SLK/10/03, UN High Commissioner for Refugees, 5 July 2010
- State-sponsored Homophobia, A World Survey of laws prohibiting same-sex activity between consenting adults, International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), May 2010
- Imagining Otherness: Refugee Claims on the Basis of Sexuality in Canada and Australia, Melbourne University Law Review 26, 2002, 144
- Burdened by Proof: How the Australian Refugee Review Tribunal Has Failed Lesbian and Gay Asylum Seekers, 299-3427, Federal Law Review 31 (2003)
- European Parliament resolution of 15 March 2012 on the situation in Nigeria, 2012/2550(RSP), 15 March 2012
- Tools
- Working with Lesbian, Gay, Bisexual, Transgender & Intersex Persons in Forced Displacement, UN High Commissioner for Refugees, 2011
- Guidance for Adjudicating Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Refugee and Asylum Claims , United States Bureau of Citizenship and Immigration Services, 27 December 2011
- Related Internet Links
- The FAHAMU Refugee Legal Aid Programme
- UN Women, 10 groundbreaking cases that have changed women's lives
- Gay & Lesbian Alliance Against Defamation (GLAAD)
- International Lesbian Gay Bisexual Trans- and Inter-Sex Association (ILGA)
- Organization for Refuge Asylum and Migration (ORAM international)
- International Gay and Lesbian Human Rights Commission (IGLHRC)
- Human Rights First
- Human Rights Watch
- Amnesty International
- Asylumlaw
- Sodomy Laws
- GLAAD's Media Reference Guide: A Recource for Journalists