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Asylum law for transgender persons

The 1951 Refugee Convention recognises persecution on the grounds of membership of a 'social group' as grounds for refugee status.

International basis

The 1951 Refugee Convention recognises persecution on the grounds of membership of a 'social group' as grounds for refugee status. UNHCR guidelines confirm that transgender persons may fall within that definition.

Dutch policy

The Immigration and Naturalisation Service (IND) follows specific working instructions for LGBTI asylum seekers, including transgender persons. In assessing an application, account is taken of country information on persecution, social acceptance and access to care.

Practice

In practice, bottlenecks have been reported around shelter locations, sex registration and access to transgender care during the asylum procedure. Organisations such as COC Netherlands and Transgender Netwerk Nederland advocate around this theme.