3This resolution archives Resolution 2.09 on Sexual Orientation, Gender Identity and Gender4Expression as Causes for International Protection and Asylum in the European Countries.
5EU, refugees, asylum policy, Gender and Sexual Rights, Civil Liberties
6For consideration on the annual Congress of the European Liberal Youth (LYMEC) in7Skopje, North Macedonia on 3-5 April 2020.
8Considering that :
9- The attention given to LGBTI rights in the processes connected to international protection and10asylum has developed significantly in recent years, as it has been acknowledged that sexual 11orientation could be considered as grounds for asylum. According to article 2(d) in Directive 122011/95/EU on standards for the qualification of third-country nationals or stateless persons as 13beneficiaries of international protection ‘refugee’ means a third-country national (or stateless 14person) who, owing to a well-founded fear of being persecuted for reasons of race, religion, 15nationality, political opinion or membership of a particular social group, is outside the country of 16nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the 17protection of that country. According to article 10 (d) “Depending on the circumstances in the 18country of origin, a particular social group might include a group based on a common 19characteristic of sexual orientation...Gender related aspects, including gender identity, shall be 20given due consideration for the purposes of determining membership of a particular social group”
21- there are still considerable differences in the way in which the EU member states examine22LGBTI asylum applications.
23- homo- bi- and transsexuality is still criminalised in a number of countries in the world and24people are persecuted and sentenced to prison or even to death penalty because of their sexual 25orientation, gender identity or gender expression
26- Although the ECJ has ruled out the "discretion requirement" and rejected concealing one’s27sexual orientation as means to avoid persecution, LGBTI asylum seekers are still facing 28difficulties in legal and asylum proceedings
29- the lack of official statistics on the number of LGBTI asylum claims in Europe is alarming, as it30further contributes to the discrepancies in providing protection of LGBTI asylum seekers among 31the Member states;
32The LYMEC Congress calls for:
33- The Fundamental rights agency to conduct and issue an yearly report containing comparative34disaggregated data, and Eurostat to publish statistics on applications on the grounds of sexual 35orientation and their refusal rates by country.
36- EASO to consider the adoption of guidelines on the assessment of LGBTI asylum cases for37case handlers and judges in the member states, in accordance with existing UNHCR guidelines.
38- the Member states of the European Union to ensure a harmonised application and39interpretation of the “Qualification Directive” with view of the requirements set up in the directive 40and to ensure equaland adequate protection of LGBTI asylum seekers throughout the Union.
Attention: This is a preview! The official text is printed in the proposal book for Skopje Spring Congress 2020 03 - 05 April 2020.