Ensuring Safety and Health for LGBTIQ+ Asylum Seekers in Dutch Reception Centres: Upholding the Netherlands’ International Human Rights Obligations in the Context of Equality and Non-Discrimination

Abstract

This thesis examines the intersection of equality, non-discrimination, and the rights of LGBTIQ+ asylum seekers under international human rights law. It focuses on the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). By analysing Article 26 of the ICCPR and Article 2(2) of the ICESCR, the study underscores the importance of both formal and substantive equality in addressing the complex realities faced by LGBTIQ+ asylum seekers in Dutch reception centres. The thesis also explores how these principles are interpreted and enforced by the Human Rights Committee (HRCtee) and the Committee on Economic, Social and Cultural Rights (CESCR), with a specific focus on the compounded vulnerabilities of LGBTIQ+ individuals seeking asylum.

The research explores how international obligations are applied in Dutch national legislation and EU law, focusing on the Reception Conditions Directive (RCD). It emphasises the challenges of achieving substantive equality in national legislation and underscores the need for temporary or permanent special measures to ensure true equality for vulnerable groups. Additionally, the study critiques the practical gaps in the current asylum system in the Netherlands, particularly in areas such as safety, mental health, and access to specific healthcare services for LGBTIQ+ asylum seekers.

After closely reviewing recent reports from NGOs and independent research, the thesis exposes significant shortcomings in the Dutch asylum system's ability to protect and fulfil the rights of LGBTIQ+ asylum seekers. Specifically, it highlights the inadequate safety measures in reception centres, where LGBTIQ+ individuals often experience discrimination, bullying, and violence, often without sufficient response from authorities. It also discusses the critical gaps in mental health services and access to gender-specific healthcare, emphasising the potential for indirect discrimination when these services are not adequately provided.

The thesis proposes several important recommendations to address these issues based on the state's obligations to uphold human rights as outlined in international law. These recommendations include the need for more thorough identification and early assessment of vulnerabilities, the establishment of specialised mental health services, and the reconsideration of separate units for LGBTIQ+ individuals in reception centres. It also calls for the Netherlands to carry out systematic data collection on the experiences of LGBTIQ+ asylum seekers in order to better meet their needs and to monitor the effectiveness of protective measures.

The thesis contends that although Dutch national legislation theoretically complies with international human rights standards, the practical implementation often does not sufficiently ensure the safety and well-being of LGBTIQ+ asylum seekers. The study concludes that fulfilling the state's obligations under the ICCPR and ICESCR is not optional but a legal necessity, necessitating specific actions and policies to eradicate discrimination and promote substantive equality for all asylum seekers.