Identity and the Sexual Minority Refugee: A Discussion of Conceptions and Preconceptions in the United Kingdom and Ireland

IntroductIon All human beings, regardless of their sexual orientation, have the right to the enjoyment and protection of the fundamental freedoms outlined in the Universal Declaration of Human Rights by virtue of their humanity.1 However, persons who identify as, or are perceived to be, sexual minorities —lesbian, gay, bisexual, trans, or intersex persons—are regularly denied these rights through discriminatory laws or national practices. In 2010, the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)2 organization reported that countries repeatedly breach the right to life, the right to be free from torture and inhuman treatment, and the right to non-discrimination.3 Although it is each state’s responsibility to protect its citizens and persons living within its territory in accordance with international norms, the rights of sexual minorities often come into conflict with the religious and cultural morals that govern society.4 For example, at least 76 countries continue to prosecute individuals on the basis of their sexual orientation.5 Thirty-eight countries in Africa alone have laws criminalizing homosexuality.6 The ILGA reported that in 2010, same-sex acts were punishable by death in at least five countries: Iran, Mauritania, Saudi Arabia, Sudan, and Yemen, as well as regions within Nigeria and Somalia.7 Sexual minority refugees often flee situations where states sanction discriminatory actions and policies toward sexual minorities, or where states fail to protect their citizens from persecution on the basis of their sexual orientation and/or gender identity.