Last Updated: Wednesday, 22 February 2012, 14:00 GMT

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 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
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
HJ (Iran) and HT (Cameroon) v. Secretary of State for the Home Department, [2010] UKSC 31, United Kingdom: Supreme Court, 7 July 2010
NR (Jamaica) v Secretary of State for the Home Department [2009],EWCA Civ 85621, 5 August 2009
DW (Homosexual Men; Persecution; Sufficiency of Protection) Jamaica CG [2005] , UKAIT 00168, 28 November 2005
Todorovic v. US Attorney General, No. 09-11652, US Court of Appeals for the Eleventh Circuit, 27 September 2010
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
Hernandez-Montiel v. Immigration and Naturalization Service, F.3d 1084, United States Court of Appeal for the 9th Circuit, 24 August 2000
Matter of Toboso-Alfonso, United States Board of Immigration Appeals, 20 I& N. Dec 819,12 March 1990,
Okoli v. Canada (Minister of Citizenship and Immigration), 2009 FC 332, Canada: Federal Court, 31 March 2009
Decision No. MA6-01580 (Private Proceeding), Immigration and Refugee Board of Canada, 12 January 2007
RRT Case No. 071818233, [2008] RRTA 62, 15 February 2008
Appellant S395/2002 v. Minister for Immigration and Multicultural Affairs, [2003] HCA 71, High Court of Australia, 9 December 2003
Refugee Appeal No. 74665/03, New Zealand Refugee Status Appeals Authority, 7 July 2004
Refugee Appeal No. 1312/93, Re GJ, New Zealand Refugee Status Appeals Authority, 30 August 1995
Schalk and Kopf v. Austria, Application no. 30141/04, European Court of Human Rights, 24 June 2010
F v UK App, (Admissibility Decision): 17431/03, European Court of Human Rights, 22 June 2004
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. 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
"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
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)

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

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