Pollini, ‘The Difficult Path towards the Recognition of Refugee Status based on Sexual Orientation and Gender Identity’, 2014
Fernanda Estevão Pollini, ‘The Difficult Path towards the Recognition of Refugee Status based on Sexual Orientation and Gender Identity: Analysing Brazil and the United Kingdom’, ICL Journal, 2014
In some countries, LGBT people suffer oppression. They are at risk of suffering death penalty. Thus, the Convention Relating to the Status of Refugees (1951) is very important. However, as the Convention does not men- tion the grounds of sexual orientation and gender identity, it has generated different interpretations. Moreover, the research has focused on a few countries. South American States, such as Brazil, have little information about it, even though recently the number of asylum seekers has increased.
The purpose of this thesis is to identify what the main obstacles for the recognition of a refugee status based on these grounds are and why there is no common standard among the States. Such an analysis is relevant to better acknowledge the vulnerability of LGBT asylum-seekers. The research focuses on legal and political aspects. The se- lected countries are the United Kingdom and Brazil. I conclude that besides the legal weakness and lack of guidelines, the countries’ refugee policies are relevant to comprehend the denial or the recognition of the refugee status of LGBT people.