LGBTI equality and human rights in Europe and Central Asia

ILGA-Europe policy paper: the recast of the EU legislation on asylum

Read about ILGA-Europe's key demands and what ILGA-Europe and its members can do.

ILGA-Europe’s key demands

  • The recast of the “Qualification Directive” and of the “Procedure Directive” should be the opportunity to enhance protection standards offered to people persecuted on the ground of their sexual orientation and gender identity;
  • The definition of the asylum seeker’s “family members” should be improved to clearly include same-sex partners;
  • A new European agency, the European Asylum Support Office, is about to be established. Its role in terms of dissemination of good practices and training of national asylum officers can be of significant importance in the future, and LGBT organisations should be prepared to have an input.

What can ILGA-Europe and its members do?
ILGA-Europe is monitoring this recast process, and provides its input to improve the existing legislation. We are in a position to engage in a dialogue with the European institutions during the whole recast process. Another of our inputs is to bring to our members a better comprehension of the European standards. ILGA-Europe will regularly communicate with its membership at national level. Lobbying and advocacy targeting national governments are also very important, and national LGBT organisations have a role to play. Following the entry into force of the Lisbon Treaty, the recast directives and regulations will be adopted under the co-decision procedure, which is a reinforcement of the European Parliament’s role. However, the Council still has to adopt all the new legislative proposals by a qualified majority, and the debates are expected to be highly controversial.

This policy paper describes the current EU legislation recast process. It explains ILGA-Europe’s proposals and positions.