LGBT+ rights as human rights and migration: the case of queer refugees through the lens of regional organizations and regional human rights systems

Abstract

Human rights is a concept that emerged relatively late in world history. Undoubtedly, the protection of, for example, foreigners in ancient times is a - small, but remarkable - example, but for centuries human rights were intertwined in societies with the respective religious value systems and did not deviate significantly. After two world wars and as societies evolve, new terms and new facts are constantly emerging, having made the need for redefinition of human rights even more urgent, while regional human rights systems have been developed around the world to defend such rights institutionally, through a broader and coordinated production of region-wide policies. Although it would have been unthinkable to talk about LGBT+ rights a hundred years ago, the evolution of societies internationally and the real living conditions today allow us to conceptualize and redefine the human rights framework, including LGBT+ rights. We are therefore in a position to understand the context of these rights and their gross violation on an international level. For the average “western” individual - though it would be very interesting to discuss what and to what extent everyone considers as "West" - it may be unthinkable to be persecuted in one's own country for one's sexual orientation or gender identity. However, in many non-Western countries, this happens with increasing frequency (e.g. Nigeria, Chechnya, Islamic countries, etc.). The result of persecution for reasons of sexual orientation or gender identity is flight, i.e. migration. More and more LGBT+ individuals are resorting to this solution in order to avoid significant threats - even against their lives - in their country. The purpose of this thesis is to first explore the context of LGBT+ rights as it has formed throughout the years, focusing further on linking the current state of those rights to refugee flows and to the policies regional systems and, more specifically, regional organizations have generated with regard to LGBT+ asylum seekers and their asylum claims on the basis of their sexual orientation and/or gender identity. By attempting this comparison, the thesis will further attempt to arrive at reflections and conclusions regarding the various policies, practices, or procedures and to propose necessary changes, if and when this emerges from the research.