Monday, March 24, 2014

Immigration Article of the Day: GBTI Migrants in Immigration Detention: A Global Perspective by Shana Tabak and Rachel Levitan



LGBTI Migrants in Immigration Detention: A Global Perspective by Shana Tabak (American University - Washington College of Law) and Rachel Levitan (HIAS - Refugees and Migration) February 26, 2014 Harvard Journal of Law and Gender, Vol. 37, No. 1, 2014 American University, WCL Research Paper No. 2014-13

Abstract: Among the thousands of migrants who are detained by states each year, those who are perhaps most vulnerable to human rights violations are oftentimes invisible within the immigration systems: LGBTI detainees. Human rights violations perpetrated against these individuals, who may be targeted during their detention as a result of their sexual orientation or gender identity, are made all the more egregious since many LGBTI detainees in immigration detention chose to migrate from their countries of origin as a result of persecution faced specifically due to their sexual orientation or gender identity. This Article aims to highlight protections available under international law for LGBTI detainees, to call attention to the invisibility of the unique challenges that LGBTI individuals may face in detention, and to call for more specific guidance and compliance from states in order to sufficiently address this global human rights concern.


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