Gender-specific persecution

Men and women are affected by conflicts, war and human rights abuses in many different ways. They may be persecuted for the same reasons, but when women are persecuted there are often factors involved which are closely linked to their role in society.

The State Secretariat for Migration (SEM) takes account of the particular factors that play a role not only in the persecution of women, but also of members of sexual minorities. The SEM staff decide on a case-by-case basis if forced marriage, female genital mutilation, domestic violence, discriminatory laws, honour killings or sexual orientation/gender identity are factors in granting refugee status. The particular vulnerability of victims of gender-specific persecution is taken into account in these procedures.

Sexual orientation, gender identity and sex characteristics

kampagne-lgbtiq-e

The poster has drawn your attention and the information on this page concerns you because you are a lesbian, gay, bisexual, trans*, intersex*, or queer (LGBTIQ+) person or you have questions about this topic.

 
You will find hereafter some information that concerns you in particular and that relates to the conduct of the asylum procedure.

In Switzerland, sexual orientation, gender identity/expression and sex characteristics (SOGIESC) are considered fundamental identity characteristics. Human beings of any sexual orientation, gender identity/expression, or that present a variation of sex characteristics, have the right to live openly and safely, without having to hide.

Confidentiality

Everyone has the right to privacy. All personnel of the Swiss federal centres (in particular, personnel of the State Secretariat for Migration [SEM], medical service, management, security, interpreters, etc.) must treat confidentially any information that concerns your private life and the reasons supporting your application for asylum.

Registration

If your gender identity/expression does not correspond to the sex which appears on your identity documents, you can ask that the centre personnel use a preferred first name or another pronoun during informal communication, and that it be included in the documents that you use for identification in the centre. For any formal communication (invitation to an interview, decision on asylum, etc.), the SEM is nonetheless required to use your official identity, which is the identity that appears on your identity documents.

Security

People who belong to the LGBTIQ+ community can be exposed to discrimination and acts of violence, also in the federal centres for asylum seekers where you are staying. Such actions are not tolerated. The SEM must guarantee your safety, and different measures can be taken to remedy the situation.

If you are a victim of discrimination, insults, violence, or you do not feel safe, tell the SEM management personnel (ORS/AOZ) or your legal adviser or, if there is imminent danger, the personnel in charge of security (Securitas/Protectas). If an employee of the centre is behaving inappropriately with you, you must inform your legal adviser or a SEM employee (during duty hours for example).

Medical needs

If you suffer from particular medical conditions or you have a specific treatment relating to you gender identity or a variation of your sex characteristics, inform your legal adviser and the Medic Help service so that your specific medical needs can be taken into account.

Reasons for leaving relating to sexual orientation/gender identity

People who are in serious danger in their countries of origin due to their belonging to the LGBTIQ+ community can obtain refugee status and asylum in Switzerland. This is the case when state agents inflict persecution or the authorities of the country of origin do not offer sufficient protection when third parties commit persecution.

If you are able to do so, tell your legal adviser and the SEM personnel in charge of your asylum interview as soon as possible about your reasons for leaving which relate to your belonging to the LGBTIQ+ community. If you do not wish to address this issue during the interview where you explain your reasons for applying for asylum, the SEM will not be able to examine your situation from a SOGIESC point of view or take it into consideration within the context of your application for asylum.

During the asylum procedure, no specific proof of your SOGIESC will be requested. Your statements will be the only elements used to appreciate your situation. Please also note that, during your interview, the questions that you will be asked will not concern details of your sexual practices.

As a person invoking persecution relating to belonging to the LGBTIQ+ community, you have the right to be heard by men or by women during your interview on the grounds for seeking asylum. You can inform your legal adviser of your preference in this aspect who will then inform the SEM. For the interview, you may also request to be accompanied by a trusted person of your choice.

External advice

There are different organisations that defend the rights of LGBTQI+ people, which are independent from the SEM, operating in Switzerland. They can provide you with support or advice that comes directly from the LGBTIQ+ community. You can find diverse information which could be useful to you on the websites of these organisations:

Queeramnesty
Asile LGBT
Rainbow Spot
Transgender Network Switzerland
InterAction  

Last modification 28.01.2025

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