Beyond the Rainbow? An Intersectional Analysis of the Vulnerabilities faced by LGBTIQ+ Asylum-Seekers

Abstract

Sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) are often considered among the main personal characteristics which are likely to give rise to special procedural and reception needs, often resulting in labelling lesbian, gay, bisexual, trans, intersex and queer (LGBTIQ+) asylum-seekers and refugees as “vulnerable”. However, SOGIESC issues should not be analysed in isolation, as there are various factors that can impact on one’s experience in the country of origin and throughout the asylum procedure. This paper shows the added value of mobilizing intersectionality in the assessment of SOGIESC asylum claims. By analysing soft law instruments, legislation and case law and taking Italy as a case study, this paper shows that intersectionality can be a useful analytical tool that can support a better understanding of how LGBTIQ+ asylum-seekers experience their “vulnerabilities”, as well as sustain State practices that address their protection needs in the asylum domain.