Gender-diverse individuals seeking asylum are often subject to discrimination due to their identity. Human rights laws provide safeguards against discrimination, but they may fail to acknowledge gender diversity fully. In this article, I will examine how international human rights frameworks can better protect gender-diverse refugees.
The Universal Declaration of Human Rights (UDHR) is one such framework. It declares that everyone has equal rights without distinction based on race, color, national origin, religion, or gender (article 2, UDHR).
It fails to explicitly recognize gender diverse identities. The International Covenant on Civil and Political Rights (ICCPR) addresses discrimination (article 26), including on grounds of race, color, sex, language, and social origin, but does not mention gender diversity. Similarly, the Convention Relating to the Status of Refugees (1951) prohibits discrimination based on race, religion, nationality, membership in a particular social group, or political opinion (article 1C(2)), but excludes gender diversity.
Other treaties offer more explicit protection for gender-diverse individuals.
The Yogyakarta Principles on Sexual Orientation and Gender Identity state that "gender diversity should be understood broadly and inclusively" and includes non-binary identities. They also require States to ensure "respectful treatment" of transgender people, including recognizing their self-identified gender and providing access to gender-affirming healthcare (principle 8). The Istanbul Statement on Combating Hate Crimes against LGBTI Persons urges governments to address crimes motivated by gender identity, sexual orientation, and expression and provides guidelines for investigations and prosecutions of these offenses.
The UNHCR guidelines on refugee status determine who is eligible for asylum by evaluating whether they have well-founded fears of persecution due to race, religion, nationality, membership in a social group, or political opinion. This framework may exclude some gender-diverse individuals if they do not fit into one of these categories, such as those whose persecution stems from their gender expression alone.
To improve protections for gender-diverse refugees, international human rights laws must explicitly recognize gender diversity and include it in non-discrimination clauses. Governments can provide funding for legal assistance and community organizations that support gender-diverse refugees. Non-governmental organizations (NGOs) can educate about gender diversity and advocate for better policies.
Researchers can collect data on the experiences of gender-diverse refugees to inform policy decisions.
International human rights frameworks should more clearly acknowledge gender diversity to protect gender-diverse refugees. By doing so, we can ensure that all individuals fleeing violence and persecution receive the protection and recognition they deserve.
How do international human rights frameworks protect gender-diverse refugees?
International human rights frameworks have been developed to ensure that all individuals are treated fairly regardless of their sexual orientation, gender identity, and expression (SOGIE). The United Nations Convention on the Rights of Persons with Disabilities (CRPD) recognizes transgender people as a group deserving special attention, while the International Covenant on Economic, Social and Cultural Rights (ICESCR) guarantees everyone's right to work and healthcare.