Some of the main figures in the 1969 Stonewall riots were Sylvia Rivera, Marsha P. Johnson, and Miss Major. These transgender women of colour were on the margins of a society subjected to much abuse. Then, as now, transgender people suffered the most discrimination in the LGBTQ+ community. What are the implications of the UK asylum process for transgender BAME (Black, Asian and minority ethnic) people?
In its annual investigation, ILGA (the International Lesbian, Gay, Bisexual, Trans and Intersex Association), found in several European countries that attempts are being made to erode the principles of equality and human rights. In the UK, the LGBTQ+ community are protected by legislation from the EU, like the Charter of Fundamental Rights.
European LGBTI citizens, therefore, can fall back on EU law to protect their rights, even if the government in their home country acts against them. Post-Brexit, the UK proposes to scrap this charter – removing a layer of protection that LGBTQ+ individuals currently enjoy.
There has been no announcement of what British human rights legislation will look like after Brexit, so what does the future hold for transgender citizens and asylum seekers coming to the UK?
Britain’s current asylum process has been criticised by Stonewall discriminating against LGBTQ+ individuals – particularly those who are transgender. For example, the requirement to prove gender identity status and/or sexual orientation can disadvantage applicants who were unable to be out publicly in their country.
Manchester, Oldham and Rochdale Solicitors
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