New rules in EU allow asylum seekers to cite persecution based on gender identity

by on October 27, 2011  •  In Immigration, International

Announced by the European Parliament's Intergroup on LGBT Rights:

Today the European Parliament formally adopted a new set of asylum rules for the European Union. The binding rules now include gender identity as a ground of persecution, which EU Member States must take into account. Governments have already agreed to the changes, which are final.

Until now, EU asylum law foresaw that “gender related aspects might be considered” by national asylum authorities when examining the potential persecution of specific social groups in their country of origin.

The resolution adopted today has replaced this text, and now specifies that “gender related aspects, including gender identity, shall be given due consideration”. The text now refers to gender identity specifically, and obliges Member States to consider gender-related aspects. Before, EU countries could still choose not to consider aspects linked to the applicant’s gender in asylum claims.

The text applies to all EU Member States except the United Kingdom, which opted out of EU asylum policies. The resolution was successfully drafted and negotiated by Jean Lambert, a British Member of the European Parliament in the Greens/EFA group.

This is the first time a binding EU Directive includes gender identity…

The binding rules will apply after they are transposed into EU Member States’ national law, except for the United Kingdom, Ireland and Denmark which opted out of the process. Due to access the EU in July 2013, Croatia is also expected to adapt its asylum laws.


Leave a Reply

Your email address will not be published. Required fields are marked *