The recast Qualification Directive 2011/95/EU
Read more about the recast Qualification Directive 2011/95/EU and download the full text here.
ILGA-Europe and national LGBTI organisations campaigned for explicit reference to persecution on the basis of sexual orientation and gender identity during the negotiation of the Directive.
Following the adoption of the first version of the Directive in 2004, ILGA-Europe published Guidelines on the Refugee Qualification Directive.This Guidelines will be updated in a new publication in 2012.
ILGA-Europe’s main concerns
- The promotion of LGBT people’s rights to apply for asylum/awarding asylum (or subsidiary protection) in cases of sexual orientation persecution
- To promote the need to grant basic social rights -such as employment, healthcare, housing and education- of persons once they are recognized as refugees.
To this end ILGA-Europe ’s aim are
- To strengthen EU policy in relation to:
- The set of national minimum standards/criteria on the recognition of refugees, which consider sexual orientation and gender identity as a basis to grant refugee status/ asylum
- The inclusion of explicit reference to persecution on the basis of sexual orientation and gender identity in national and European legislation.
- Ensure the proper application of the Directive 2011/95/EU in member countries’ national legislation.
How?
- By monitoring the implementation process in EU member states and checking their domestic legislation complies with the Directive on refugee status.
- By publishing up-to-date information, lobbying campaigns and advocacy activities.
- By providing EU Institutions with information and documentation materials collected in collaboration with local and national member associations.
- By promoting a constant dialogue between the social parts represented by the ILGA-Europe, its members and the EU Institutions.
- By supporting the EU Institutions in the ongoing achievement of its main objectives and in the strengthening process of its role as warrantor of fundamental human rights at European level and in third countries.
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Download the full text of the recast Qualification Directive 2011/95/EU here
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Guidelines on the Refugee Status Directive (October 2005)
The Directive adopted in 2004 by the European Union sets out the minimum rules governing the award conditions under which of refugee status is granted. This new EU legislation, which defines criteria for being granted refugee status as well as the rights of people recognised as refugees, breaks ground by including specific reference to sexual orientation. As a result, the Directive will be highly relevant to the processing of asylum and refugee claims made by lesbian, gay, or bisexual and transgendered people (LGBT)
The purpose of these guidelines is to identify the relevant parts of the Directive for LGBT persons and to enable national organisations to assess whether national legislation meets the Directive’s standards in this area.
