LGBTI Migrants in Immigration Detention: A Global Perspective

45 Pages Posted: 5 Mar 2014 Last revised: 13 Mar 2014

Shana Tabak

Georgia State University - College of Law

Rachel Levitan

HIAS - Refugees and Migration

Date Written: February 26, 2014

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.

Keywords: LGBTI, Gender, Detention, Migration, Sexual Orientation, Gender Identity, Immigration, Human Rights, Refugee

Suggested Citation

Tabak, Shana and Levitan, Rachel, LGBTI Migrants in Immigration Detention: A Global Perspective (February 26, 2014). Harvard Journal of Law and Gender, Vol. 37, No. 1, 2014; American University, WCL Research Paper No. 2014-13. Available at SSRN: https://ssrn.com/abstract=2402044

Shana Tabak (Contact Author)

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

Rachel Levitan

HIAS - Refugees and Migration ( email )

New York, NY 10001 - 50
United States

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