Remedial policies (9 questions)
Remedial policies are aimed at supporting LGBTIQ+ victims of discrimination and violence and at ensuring that exclusionary behaviours against LGBTIQ+ individuals do not go unpunished. Remedial policies also entail protecting LGBTIQ+ asylum seekers fleeing persecution abroad.
Ensuring that exclusionary behaviours against LGBTIQ+ individuals do not go unpunished (3 questions)
Background
Failure to punish crimes motivated by hatred against LGBTIQ+ individuals creates a sense of impunity among perpetrators and can result in increasing levels of violence. The police are at the frontline of the criminal justice system and the first point of contact for many victims. Ensuring that exclusionary behaviours against LGBTIQ+ individuals do not go unpunished entails two critical steps.
• Firstly, LGBTIQ+ victims of discrimination and violence should find a welcoming environment at the police station. This supportive setting can encourage them to report the abuse they have experienced and help them do so candidly to gather the best evidence possible. The initial statement from the victim is crucial, as it is the point where vital information is provided. Depending on how this statement is taken, it can either strengthen or weaken a criminal case. A nationwide network of LGBTIQ+ liaison officers stands out as a promising approach to fostering inclusivity within the police force. These liaison officers serve as a point of contact and complaint for both external and internal stakeholders – be it LGBTIQ+ individuals reporting misconduct by police officers or police staff highlighting instances of anti-LGBTIQ+ discrimination, whether they have witnessed it or experienced it first-hand. These officers are intended to play a pivotal role in challenging prejudice, stereotypes, and potential misbehaviours towards LGBTIQ+ individuals within the police force.
• Secondly, it is critical that police officers are trained on recognizing when a physical or verbal offense is motivated by bias against the actual or perceived sexual orientation, gender identity and/or sex characteristics/intersex status of the victim. This notably entails educating them on identifying factors that reveal anti-LGBTIQ+ bias, such as whether the victim was holding hands of a same-sex partner at the time of the event, or whether the attacker failed to display any financial or other motive when committing the offence, among other indicators.
Questions
Question 1: Do public authorities in your country maintain a network of LGBTIQ+ liaison officers within the police who are entrusted with ensuring that the police are inclusive both for LGBTIQ+ victims of discrimination and violence outside the police force and for LGBTIQ+ police staff?
Yes ☐ No ☐
If “Yes”:
• Please specify whether this network of LGBTIQ+ liaison officers within the police operates nationwide or is limited to specific regions or cities.
Nationwide ☐
Limited to specific regions or cities ☐
If “nationwide”, please specify how the LGBTIQ+ liaison officers are distributed across the country. For instance, indicate the average number of LGBTIQ+ liaison officers per region, police headquarter, police station, or any other relevant distribution method.
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If “limited to specific regions or cities”, please specify which regions and/or cities, indicate the average number of LGBTIQ+ liaison officers per region and/or city, and provide a source.
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• Please specify whether the LGBTIQ+ liaison officers within the police are provided any workload relief to accommodate their responsibilities as liaison officers, in addition to their regular policing duties.
No workload relief ☐
Some workload relief ☐
100% workload relief ☐
Question 2: Are police officers in your country trained on recognizing when a physical or verbal offense is motivated by bias against the actual or perceived sexual orientation, gender identity and/or sex characteristics/intersex status of the victim?
Yes, as part of police officers’ pre-service training ☐
Yes, as part of police officers’ in-service training ☐
No ☐
If “Yes”:
• Please specify whether this training is optional or compulsory.
Optional ☐
Compulsory ☐
Question 3: In some countries, public authorities implement additional policies to ensure that exclusionary behaviours against LGBTIQ+ individuals do not go unpunished. For instance, key actors in the judicial system, such as prosecutors or judges, may receive training on recognizing when a physical or verbal offense is motivated by bias against the actual or perceived sexual orientation, gender identity and/or sex characteristics/intersex status of the victim. In other countries, efforts are made to facilitate the reporting of discrimination and violence by LGBTIQ+ victims, by allowing them to file a criminal complaint on an online platform hosted by the police.
Are there any additional policies that public authorities in your country implement to ensure that exclusionary behaviours against LGBTIQ+ individuals do not go unpunished?
Yes ☐ No ☐
If “Yes”, please briefly describe these policies and provide a source.
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Protecting LGBTIQ+ asylum seekers fleeing persecution abroad (3 questions)
Background
International human rights stakeholders encourage countries to explicitly recognize persecution (or a well-founded fear of persecution) based on sexual orientation, gender identity, and/or sex characteristics/intersex status as a legitimate reason for granting asylum. The effective protection of LGBTIQ+ asylum seekers fleeing persecution abroad hinges on two types of policies.
• Firstly, training should be provided to asylum officials on determining refugee status for LGBTIQ+ asylum seekers. For instance, officials should understand that applicants have the right to live authentically, including in their country of origin. Therefore, officials shouldn't reject LGBTIQ+ asylum seekers’ applications on the premise that they could avoid persecution by hiding their non-conforming sexual orientation, gender identity, or sex characteristics/intersex status if they were to return to their home country. Additionally, a negative assessment of the asylum seeker’s credibility shouldn't be solely rooted in the late disclosure of an applicant's sexual orientation, gender identity, or intersex status during initial screenings or interviews. The reasons behind such delayed disclosures warrant careful consideration. Many applicants might hesitate to share details about their sexual orientation, gender identity, or sex characteristics/intersex status early in the asylum process due to fears related to potential reactions from their communities, families, or others in the reception facility if their LGBTIQ+ status were to become known.
• Secondly, it is imperative to ensure the safety of LGBTIQ+ asylum seekers in reception facilities while their applications are being processed. This emphasis on safety is especially crucial given that LGBTIQ+ asylum seekers often flee their home countries alone, lacking the support of family or a network of fellow expatriates. In this context, proactive measures must be implemented to prevent these individuals, who have already evaded persecution, from facing further violence within reception facilities. Such measures include training facility staff about the unique vulnerabilities of LGBTIQ+ asylum seekers, to ensure they are attentive to their specific needs. In addition, asylum seekers should be thoroughly informed of their rights and responsibilities, including potential sanctions for engaging in anti-LGBTIQ+ violence, both within and outside reception facilities. Furthermore, clear communication tools, such as multilingual flyers, can be used to inform LGBTIQ+ asylum seekers about available support in instances of bullying. When necessary, separate accommodation areas might be provided for LGBTIQ+ individuals if they face harassment or bullying from other residents.
Questions
Question 1: Are asylum officials in your country trained on determining refugee status for LGBTIQ+ asylum seekers in accordance with human rights?
Yes, as part of asylum officials’ pre-service training ☐
Yes, as part of asylum officials’ in-service training ☐
No ☐
If “Yes”:
• Please specify whether this training is optional or compulsory.
Optional ☐
Compulsory ☐
Question 2: Are there national measures in place to ensure the safety of LGBTIQ+ asylum seekers in reception facilities during the processing of their applications?
Yes ☐ No ☐
If “Yes”, please briefly describe these measures and provide a source (this source can be a protection plan, detailed guidelines for reception facility operators, etc.).
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Question 3: In some countries, public authorities implement additional policies to protect LGBTIQ+ asylum seekers fleeing persecution abroad. For instance, these policies may include resettlement programs tailored specifically for LGBTIQ+ individuals who have been granted refugee status, to facilitate their successful integration into the host society.
Are there any additional policies that public authorities in your country implement to protect LGBTIQ+ asylum seekers fleeing persecution abroad?
Yes ☐ No ☐
If “Yes”, please briefly describe these policies and provide a source.
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