In various places around the world, people are persecuted because of their gender identity, gender expression, sexual orientation or variation in sex characteristics (intersex). This is despite the official recognition of the importance of protecting and promoting LGBTQIA+ human rights. 

Yogyakarta Principles +10 on the application of human rights in relation to sexual orientation and gender identity (2017).  

Transgender persons in particular are punished and persecuted in some countries for who they are. As a result, for some, fleeing is  the only way to live safely. Threats of imprisonment or death penalty, forced prostitution, serious discrimination in the labour market, a lack of access to medical care, being rejected by family and surroundings, … can force transgender persons to seek international protection1, 2, 3.  

In 2004, European legislation recognised that persons can be persecuted on the basis of their sexual orientation and gender identity and can apply for asylum on those grounds. Of the 54 countries assessed by Transgender Europe , only 27 countries offer international protection on the grounds of gender identity in 2025. Belgium is one of them. 

Every country that has signed the UN Refugee Convention must consider trans identity as a valid reason to apply for asylum. However, in no case can one obtain asylum solely on the basis of gender identity. One must demonstrate that the expression of this identity leads to violence and discrimination in the country one fled from. 

More information and advice within the UN can be found on the UNHCR website.

In Belgium, one can apply for asylum when one cannot freely live out their gender identity and expression in the country of origin. It is important to mention this in a timely manner as a motive for the asylum application, so that the further procedure is not complicated and credibility is maintained. 

For LGBTQIA+ persons, the gender unit of the Commissioner-General for Refugees and Stateless Persons (CGRS; NL: Comissariaat-Generaal voor de Vluchtelingen en Staatlozen, CGVS) examines why someone applies for asylum, and whether the fear of persecution is grounded. When the CGRS does not grant refugee status or subsidiary protection, the person applying for asylum can appeal to the Council for Alien Law Litigation (CALL; NL: Raad voor Vreemdelingenbetwistingen, RvV). 

Belgium ranks among the top countries in the world with regard to LGBTQIA+ rights, and has legislation that protects trans persons against discrimination. However, a migration process to Belgium should not be regarded as a movement from being 'oppressed' to being 'free'4. Upon arrival in the host country, transgender persons are often confronted again with various forms of vulnerability and violence, as European research shows5. 

Social acceptance does not always keep pace with legal protection. However, trans persons are, thanks to progressive Belgian legislation, in a position to file a complaint when they experience discrimination or violence. Conversion practices - practices intended to so-called "cure" an LGBTQIA+ person of their LGBTQIA+ identity - are also punishable by law in Belgium.

The Belgian reception landscape for persons seeking asylum is coordinated by Fedasil. It plays an important role in identifying the vulnerability of persons and providing the most appropriate reception possible. An LOI (Local Reception Initiative; NL: Lokaal Opvang Initiatief) is often preferred.

Brochure and social map in Belgium for LGBTQIA+ persons seeking asylum

In 2025, çavaria, a partner and advocacy organisation for LGBTQIA+ persons, developed a brochure for LGBTQIA+ persons seeking asylum, with information about their rights in Belgium. It was sent to various reception centres in Flanders and Brussels. 

In addition, çavaria also offers a social map with organisations in Belgium that work at the intersections of LGBTQIA+ and asylum & migration. These can be used in building a social network. 

Migration motives of transgender persons

European research into migration motives of transgender persons is scarce. An American study6 shows that there are various reasons for migrating to another country, including: 

  • The freedom to express their gender identity in a way that was not safe in their country of origin;
  • Greater acceptance and tolerance towards transgender persons among the general public;
  • A protective legal framework;
  • Perception of more general economic opportunities to work safely. 

Needs of migrated transgender persons

In a survey of LGBTQIA+ persons staying in a Belgian collective reception facility, problems around safety and wellbeing were most frequently mentioned. The needs are mainly around:

  • Safety: many residents indicate that they are victims of violence, intimidation and discrimination by fellow residents and reception staff;
  • Privacy: many residents indicate that they are in favour of separate LGBTQIA+ reception facilities or LOIs (Local Reception Initiatives; NL: Lokaal Opvang Initiatief));
  • Support and awareness-raising: many residents indicate that reception staff and fellow residents are insufficiently trained or sensitised on LGBTQIA+ topics, resulting in a lack of decisive action;
  • Correct information and services: many residents indicate that they receive insufficient tailored information or services about their legal position, gender care, legal procedures, ... and that they have no access to these services due to the remote location of the reception centres;
  • Contacts and network: many residents indicate that they feel socially isolated, leading to feelings of loneliness, particularly in reception centres far from urban areas;
  • Gender-inclusive structures: many residents indicate that reception structures are strictly separated by sex. This makes it extra unsafe for some trans persons;
  • Visibility and representation: many residents indicate that they are only recognised as vulnerable in vulnerability assessments when they have officially come out. A coming-out is often expected, in line with a Western perspective. Terms such as 'sexual orientation' and 'gender identity' are not always universal. LGBTQIA+ is often regarded as one group in Western countries, but this is not always the case in non-Western countries. Moreover, there is sometimes less or more of a gender-binary division in certain non-Western countries. People often apply for asylum on the basis of sexual orientation. The term transgender is not recognised everywhere.

çavaria wrote a final report in which the above needs and those of reception staff are explored in greater depth. 

Read the final report of the "safer spaces for LGBTI+ asylum seekers" project by çavaria here.

Language as a potential barrier to support

Speaking a different language is often a complicating factor in obtaining the right support. It also makes establishing contact with other LGBTQIA+ persons less straightforward. çavaria developed a page with organisations and websites that offer information about LGBTQIA+ in various languages. This can help to better understand and explore one's own gender identity.

Within asylum reception centres, an interpreter is often called upon to bridge language barriers. In practice, however, many interpreters are insufficiently informed and sensitised on LGBTQIA+ topics and inclusive terminology. Moreover, interpreters sometimes hold equally rigid views about LGBTQIA+ because they come from the same region, and/or the interpreter may know family members of the LGBTQIA+ person. This creates a feeling of unsafety and inadequate translation, and therefore does not benefit the support provided.

A social interpreter is requested through the Agency for Integration and Civic Integration (NL: Agentschap voor Integratie en Inburgering). These interpreters receive general training, but there is no specific training on LGBTQIA+ or SOGIESC. 

Transgender care for foreign trans persons

See webpage:

Change of first name and/or gender registration on ID

See webpages:

 

Do's and don'ts

Do's

  • Seek legal advice as soon as possible. A lawyer or support worker can help you understand your rights and start your asylum application correctly. Look for someone who specialises in LGBTQIA+ issues.
  • Tell your story about your gender identity and the reasons why you fled in an honest and consistent manner. Information about your gender identity may be important for the assessment of your application. 
  • Keep all documents safe. Think of identity documents, medical certificates, reports from support workers or care providers, or evidence of previous care (especially if medical steps have already been taken). Other documents that may be helpful: statements from family, friends or organisations in your home country (if safe), evidence of police reports filed in your own country (if possible) and social media posts or photos showing your gender identity.
  • Request an interpreter if you do not understand the language well. You have the right to support in a language you understand. If you feel uncomfortable with a particular interpreter because of the gender identity or because it does not feel safe, indicate this immediately.
  • If you trust the support workers, inform them of your name, pronouns and needs. This allows them to support you better and treat you respectfully.
  • Seek support. You can turn to organisations with experience in LGBTQIA+ and migration for information and psychosocial help. In Belgium these include, for example, Lumi and çavaria. You can obtain advice and emotional support from them. Please note: they cannot help with obtaining a visa or residence permit.

Don'ts

  • Do not wait too long to mention your gender identity in your procedure. This can be important for your protection. It also helps to maintain credibility.
  • Do not assume that everyone has knowledge of transgender issues or cultural differences in this regard. In the West, gender is sometimes viewed differently, and certain words or concepts do not exist in every culture. Therefore, explain what is important to you when necessary.
  • Do not share your story with strangers if you do not feel safe doing so. Protect your privacy.
  • Do not stop your ongoing transgender care or medication without medical advice. Contact a doctor in Belgium as soon as possible, for example an endocrinologist (a doctor who specialises in hormonal treatments). Know that in principle, a general practitioner can also prescribe hormones.
  • Do not sign documents you do not understand. Ask for a translation or an interpreter. You can also translate them yourself using an online tool.

More info

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