LGBTQ REFUGEES

ABSTRACT

International Refugee Law is a mechanism which allows

 INTRODUCTION
In too many countries, being lesbian, gay, bisexual, transgender or intersex (LGBTI)
means living with daily discrimination. Sometimes this range of unequal treatment can
also be life threatening.

The definition of a ‘Refugee’ as provided under Article 1A(2) of the Convention is any
person who owing to well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or political opinion, is
outside the country of his nationality and is unable or, owing to such fear, is unwilling
to avail himself of the protection of that country; or who, not having a nationality and
being outside the country of his former habitual residence as a result of such events, is
unable or, owing to such fear, is unwilling to return to it.1

Any at risk person falling under the ambit of this definition can claim rights from which
are not merely limited critical civil and political rights but also socio-economic rights.
Furthermore, the nature of the rights being granted are of such inherent character that in
accordance to United Nations High Commissioner for Refugees (“UNHCR”) refugee
status in not a status granted by the states but simply recognized by them.2

1
Refugee Convention, at Art. 1(A)(2).
2
UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status under the 1951
Convention
and the 1967 Protocol relating to the Status ofRefugees,UNDoc.HCR/IP/4/Eng/REV.3 (2011)
(“Handbook”),
at [28]; James C Hathaway The Law of Refugee Status (published in 1991), pg 1.