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In other Member States data indicate the existence of a number of cases. In Belgium at least 116 cases were h<strong>and</strong>led in 2006 (<strong>and</strong> 33 persons were granted refugee status) <strong>and</strong> at least 188 in 2007 (<strong>and</strong> 60 persons were granted refugee status). 338 In Sweden, Migrationsvärket [The Swedish Migration Board] estimated in 2002 the number of asylum applicants on grounds of sexual orientation or gender identity to be approximately 300 per year. The Swedish Parliament decided in 2005 that people at risk of persecution on the basis of sex or sexual preference could be granted refugee status (Government Bill 2005/06:06). 339 Sexual orientation <strong>and</strong> gender identity in the application procedure Studies 340 indicate that the information about sexual orientation, gender identity <strong>and</strong> conditions for LGBT persons in their country of origin contained in the country of origin reports used in refugee status determination procedures is often very limited. They also highlight that a key issue in the asylum application procedures concerns the credibility of the asylum seeker. In cases regarding persecution on grounds of sexual orientation, this feature in itself becomes a question of critical inquiry, <strong>and</strong> several accounts report that “those making asylum claims often do not believe that an asylum seeker is really LGBT”. There are at least two reasons for this. First, certain identities, expressions <strong>and</strong> practices are perceived to be more credible than others. As an example from Denmark shows, changing sexual preferences or bisexuality can be suspicious: 'And there are some cases where people are homosexual <strong>and</strong> then in a way they are not. It can be hard to assess. We had one [applicant] who said that he was homosexual, but now he was not anymore because he did not think it was fun anymore. We also meet such things, <strong>and</strong> it can be difficult to take it seriously.' 341 (employee, Immigration Service, Denmark) Similarly, asylum decision-makers may interpret the fact that an applicant is or was married or otherwise engaged in a heterosexual relationship, or that he has children, as indication of heterosexuality. 338 Information provided by Commissariat Général aux Réfugiés et aux Apatrides (CGRA) 339 Sweden, country report 340 S. Jivraj, A. de Jong, T. Tauqir (2003) Initial Findings: Identifying the Difficulties experienced by Muslim lesbian, bisexual <strong>and</strong> transgender women in accessing social <strong>and</strong> legal services, London: Safra Project, <strong>and</strong> M.T. Drud-Jensen, S.P. Knudsen (2007) Migrationsvæsenets skab - betingelser for ikkeheteroseksuelle i forbindelse med asyl og familiesammenføring i en nutidig dansk kontekst. University of Copenhagen: Department of Sociology 341 Quoted in M.T. Drud-Jensen, S.P. Knudsen (2007) Migrationsvæsenets skab - betingelser for ikkeheteroseksuelle i forbindelse med asyl og familiesammenføring i en nutidig dansk kontekst. University of Copenhagen: Department of Sociology, p.132 Part II - The Social Situation 101
<strong>Homophobia</strong> <strong>and</strong> <strong>Discrimination</strong> on Grounds of Sexual Orientation <strong>and</strong> Gender Identity in the EU Member States 102 Secondly, sometimes an asylum seeker may not reveal her/his sexual orientation until later stages of the application process due to its sensitive or taboo nature or because of uncertainty about the reactions from authorities <strong>and</strong> staff (including interpreters). 342 This can also be due to lack of information about sexual orientation in the application process or the fact that the claimant has not 'come out' yet. 343 However, if sexual orientation is brought up later in the process, the authorities may perceive the asylum seeker as untrustworthy, <strong>and</strong> claim that she/he is ‘making it up’ just to ‘strengthen’ the case. 344 These issues are not necessarily due to homophobia or discrimination, but rather indicative of lack of knowledge <strong>and</strong> tools to address sexual orientation. A board member of the Riksförbundet För Sexuellt Likaberättig<strong>and</strong>e (RFSL) [The Swedish Federation for Lesbian, Gay, Bisexual <strong>and</strong> Transgender Rights] working with the issue of asylum describes it as a phenomenon of hetero-normativity: 'We talk a lot about hetero-normativity <strong>and</strong> that you cannot always assume the person sitting in front of you is heterosexual […] A real example is an interviewer asking the question "do you have a girlfriend?” And by asking that way you exclude the possibility that you could have a male partner, if you are a male asylum seeker. […] There are also other examples, e.g. that an interviewer says that it is strange that you have gone to a park to get in contact with other homosexuals […] It shows that you have no idea about how homosexuals socialize <strong>and</strong> make contacts'. (Board Member, Riksförbundet För Sexuellt Likaberättig<strong>and</strong>e (RFSL) [The Swedish Federation for Lesbian, Gay, Bisexual <strong>and</strong> Transgender Rights]. 345 However, discrimination may also occur in the asylum procedures. In Hungary, between 2004 <strong>and</strong> 2007 the Immigration Office has requested a psychiatric expert’s opinion on asylum seekers’ sexual orientation. In other asylum cases, for example those based on religious or political persecution, no such expert opinion was requested. 346 In Slovenia, an appeal case regarding a gay couple from Kosovo is presently pending. In an interview with the LGBT magazine Narobe, the couple explained that while the initial 342 S. Jivraj, A. de Jong, T. Tauqir (2003) Initial Findings: Identifying the Difficulties experienced by Muslim lesbian, bisexual <strong>and</strong> transgender women in accessing social <strong>and</strong> legal services, London: Safra Project. M.T. Drud-Jensen, S.P. Knudsen (2007) Migrationsvæsenets skab - betingelser for ikke-heteroseksuelle i forbindelse med asyl og familiesammenføring i en nutidig dansk kontekst. University of Copenhagen: Department of Sociology 343 Quoted in A. Webster (2008), available at http://www.divamag.co.uk/diva/features.asp?AID=3139 (25.07.2008) 344 M.T. Drud-Jensen, S.P. Knudsen (2007) Migrationsvæsenets skab - betingelser for ikke-heteroseksuelle i forbindelse med asyl og familiesammenføring i en nutidig dansk kontekst. University of Copenhagen: Department of Sociology 345 Quoted in M.T. Drud-Jensen, S.P. Knudsen (2007) Migrationsvæsenets skab - betingelser for ikkeheteroseksuelle i forbindelse med asyl og familiesammenføring i en nutidig dansk kontekst. University of Copenhagen: Department of Sociology 346 Lilla Farkas, ‘Thematic Legal Study on <strong>Homophobia</strong> <strong>and</strong> <strong>Discrimination</strong> on Grounds of Sexual Orientation, Hungary’, April 2008, available at http://www.fra.europa.eu
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European Union Agency for Fundament
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Foreword On December 18 2008 the UN
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Contents FOREWORD .................
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Executive Summary Background The pr
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Fear of discrimination, homophobia
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usually young men in groups. In rec
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Bullying and haras
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Asylum Although all Member States r
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Opinions According to Art 4(1)(d) o
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more public awareness on LGBT issue
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25. Sports organisations or institu
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Introduction ‘Respect for the rig
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Clarification of terms and<
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assigned to them at birth. This inc
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Methodology The present analysis re
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PART I: Lesbians, gay men, bisexual
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in 2003 by the Campaign Against <st
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impact that I think profoundly affe
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These results come as no surprise.
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‘came out’ to their parents. In
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Legislation regarding homophobic ha
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and National Equal
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'A group of young people from my to
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Several factors may contribute to t
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eveal that the National Equality Bo
Page 52 and 53: 'We must say a clear "no" to all th
Page 54 and 55: The Office of the Equal Opportuniti
Page 56 and 57: Bans In recent years there have bee
Page 58 and 59: news media. Violent attacks on demo
Page 60 and 61: efused to rent office space to the
Page 62 and 63: A Finnish study 153 indicated that
Page 64 and 65: National Equality Bodies There is a
Page 66 and 67: Interviews with National Equality B
Page 68 and 69: Research on workplace experiences T
Page 70 and 71: Another United Kingdom study, 194 b
Page 72 and 73: Conclusions LGBT persons are subjec
Page 74 and 75: In interview, the Belgian LGBT NGO
Page 76 and 77: ‘horseplay’ or ‘messing aroun
Page 78 and 79: LGBT youth examined suggested that
Page 80 and 81: educational curricula, as it contri
Page 82 and 83: on the grounds of their sexual orie
Page 84 and 85: 'I was an out patient at hospital <
Page 86 and 87: general population, and</st
Page 88 and 89: I.7. Religious institutions It was
Page 90 and 91: specified. The EU has criticized th
Page 92 and 93: I.8. Sports This section addresses
Page 94 and 95: issue of homophobia or the situatio
Page 96 and 97: I.9. Media This section examines ho
Page 98 and 99: appear as heterosexuals in order to
Page 100 and 101: Conclusions Incidents of homophobic
Page 104 and 105: interaction with police was support
Page 106 and 107: Conclusions All the Member States i
Page 108 and 109: National Council for Combating <str
Page 110 and 111: empowering ethnic minority LGBT peo
Page 112 and 113: Conclusions People with multiple id
Page 114 and 115: ief overview is given here in order
Page 116 and 117: e closely linked with, among other
Page 118 and 119: sexual abuse (4 per cent) were also
Page 120 and 121: eported that they were afraid of ha
Page 122 and 123: The Labour Market There is no evide
Page 124 and 125: to to provide LGBTQ student organis
Page 126 and 127: towards gender identity are common
Page 128 and 129: Good practice: In the United Kingdo
Page 130 and 131: Elderly transgender people have bee
Page 132 and 133: Homophobia, transp
Page 134 and 135: Annex 1 Country Report Authors Coun
Page 136 and 137: Annex 2 Stakeholder E - Questionnai
Page 138 and 139: 2. A minority accepts 3. Half of p
Page 140 and 141: 4. Almost full recognition 5. Tota
Page 142 and 143: 4. Good protection 5. High protect
Page 144 and 145: 31. Please state your assessment of
Page 146 and 147: Asylum and family
Page 148 and 149: 48. Primary education (Basic school
Page 150 and 151: Don't know Does not apply/Not rele
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4. Somewhat high level of awareness
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76. If you have any further comment
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European Union Agency for Fundament
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