Brexit May Leave the LGBTQ Community Without Sufficient Protection
August 16, 2019Brexit may leave the LGBTQ community without sufficient protection, and Transgender asylum seekers may suffer most.
Since the British decriminalization of Homosexuality in 1967, the struggle for LGBTQ rights has become more visible in the public sphere. From here things steadily progressed in British society from the Gender Recognition Act 2004 to the Equality Act 2010 and of course the legalization of gay marriage in 2013, becoming law in 2014. Most businesses have taken steps in being more inclusive of these groups and many international corporations now display the Rainbow flag during Pride month. However recent incidents in the UK show there is still much to do. This year there were protests by parents against Anderton Park Primary school in Birmingham for attempting to educate its pupils better on the LGBTQ community. In June, a Lesbian couple were the victims of a graphic homophobic attack on a London bus. They have since come out and attacked Boris Johnson for being a public figure that has spread homophobia. It is clear more needs to be done, but the withdrawal from the EU could lead to these issues becoming more widespread, especially in issues around LGBTQ migration and asylum seekers.
EU Laws that Protect the LGBTQ community
Brexit will fundamentally shift Britain’s relationship with Europe and will no longer be bound by many of the EU laws and regulations. Currently Britain is protected by the EU Charter of Fundamental Rights which asserts under Article 21 that discrimination based on any ground, including gender identity and sexual orientation, is prohibited. Leaving this charter will hurt transgender people the most as it will leave them without express legal protection in a time where hostility towards their community is rising. An investigation by the University of Bristol declared that EU law is what pushed the British legal system to accommodate transgender rights.
However despite these protections, the EU nations are facing issues around their treatment of the LGBTQ community. In a recent report by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) which analysed 49 countries in Europe, regression was evident for the first time in a decade with a spike in hate crimes towards LGBTQ individuals. This was outlined by a Stonewall report in 2017. There is also a rise in public figures making jokes at the expense of particularly transgender people - as Piers Morgan did back in April - saying he now identified as ‘trans-slender’ and therefore making a mockery of gender identity.
While discrimination against the LGBTQ community as a whole is rising, for transgender people in Britain, Brexit may be particularly worrying. Unless the UK enshrines more protections into its law trans individuals will be more vulnerable in a post-Brexit Britain.
The Current situation for LGBTQ Asylum seekers
Many countries in the world still have extremely hostile laws regarding the LGBTQ community, with some nations enforcing the death penalty for being a member of this group. It is of course no surprise that many LGBTQ members from these countries seek asylum in the European Union. However the current process of dealing with these vulnerable individuals in the UK is extremely flawed and often intrusive.
People can apply for asylum if they are able to prove that they fear persecution in their home countries based on factors such as race, religion, gender identity or sexual orientation. The asylum seeker is burdened with proving the likelihood of their home country inflicting serious harm on them for the reason they state, and if it is for gender or sexual orientation reasons, they must demonstrate this. This is problematic for several reasons. The applicants are not required to be publicly open about their sexuality/gender identity but it is hard to convince the Home Office to grant asylum without this. This means the privacy of the individual is often infringed upon.
A 2016 report by UKLGIG titled ‘No Safe Refuge’, detailed some specific examples of the difficulties LGBTQ asylum seekers face – and particularly transgender asylum seekers. Many detainees told of how the interviewing officers asked intrusive questions ‘targeted to gain explicit content’ despite this having been discouraged by the Home Office in 2015. In another example of injustice, a Nigerian gay rights activist was accused of ‘faking’ her sexuality to gain asylum in the UK. She resorted to sending the overseeing judge an intimate video in a desperate attempt to prove her sexuality.
Transgender asylum seekers are often hit the hardest and obstructed from gaining refuge. They often find themselves unable to express their gender due to the fear of being targeted by other detainees. Many are then accused of not ‘looking’ transgender by those officers interviewing them.
The situation after Brexit
Despite the current Home Secretary Sajid Javid distancing himself from the ‘hostile environment’ immigration policies that began in 2012, the treatment of LGBTQ asylum seekers suggests the effects may be far reaching. With the withdrawal from the EU, immigration laws are set to be tightened even further while the UK is no longer bound by the EU Charter of Fundamental Rights. If the Conservative government do not create new human rights legislation for transgender people in the UK and those seeking asylum, the current situation could get far worse for transgender people.
This article has been written by Conor Kavanagh who is a content writer for the Immigration Advice Service – an organisation of immigration lawyers that offers free advice and support for asylum-seekers and victims of abuse.
Keep up to date with the latest myGnews