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UK Government Finally Stops Asking Asylum Seekers To "Prove" They're Gay

The guidelines have been updated under new Home Office secretary Amber Rudd.

In 2014, the UK government carried out its first review of how LGBT asylum seekers were being treated after gay-rights groups complained that the process was evasive and discriminatory.

What the review found was that the treatment was indeed biased and inappropriate, citing examples in which a lesbian woman was told she wasn't actually gay because she had children and a bisexual man was forced to produce photos of himself engaging in anal sex in order to prove his sexuality.

Though the findings were shocking and revealed a broken system, reform had yet to come until this past month when new Home Office Secretary Amber Rudd revealed updated policy instructions for those working directly with asylum seekers.

In addition to making it clear that caseworkers are not allowed to rely on stereotypes when questioning LGBT asylum seekers, the new guidelines also state that workers can no longer demand evidence to "prove" one's sexual identity.

“Questions based solely on stereotypical behavior cannot be relied on in order to assess evidence put forward by a claimant," the guidelines begin.

"Any assessment made solely on the basis of stereotyped notions associated with homosexuals will not satisfy the requirements of EU law, in that it does not allow those authorities to take account of the individual situation and personal circumstances of the claimant."

They go on to denounce collecting "sexually explicit evidence" from claimants as "such evidence does not necessarily have probative value and would of its nature, infringe human dignity, the respect of which is guaranteed by the EU Charter of Fundamental Rights."

In lieu of invasive questioning, the guidelines urge caseworkers to retrain "the focus of the interview...on allowing the claimant to provide a narrative that supports their claimed sexual orientation."

This narrative should include both a "well-founded fear of persecution on the basis of their sexual orientation" as well as indications that they have "interacted with the LGBT community...as members of clubs, groups or organizations, including through social media."

In spite of its purported pull away from stereotypes, the updated instructions continue to affirm the notion that if an individual has children, or a former partner of the opposite sex, they might not actually be gay, stating that “evidence" of either of the above situations "may be considered relevant in a credibility assessment."

h/t: Pink News

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