informed consent, or that of their parents “attempts to fix their sex’ leaving them with
permanent, irreversible infertility and causing severe mental suffering” (“Report of the
Spspial Rapporteur on torture”, 2016), However, the fact hat homosexuality is criminaized
is\alone $6 sufficient reason for persecution, ope there must be a ‘severe violation of
ual case of the
fundamental human rights’ that the national authorities assess in the indi
asylum applicant (Court of Justice of the European Union, 2013). All these rulings area~
specifying the meaning of the term ‘persecution’ of the Geneva Convention of Refugees
(Blanke, 2013).
3.4, The Austrian legal situation for LGBTIQ asylum seekers
In 1951, Austria signed the Geneva Convention and implemented the ruling of the Geneva
Convention inthe national legislation in 1955 (Bevragic & Wenda, 2005). Consequently,
the Article 1 of the Geneva Convention finn ro protection for people who are persecuted
sek their belonging to a specific social group,was implemented in Austria (Beciragic &
Wenda, 2005). Austria needs to follow the legislation ofthe European Union, the United
Nations and the European Court. As shown, LGBT! refugees are by the United Nations.
and.py fhe European Union|defined as members ofthe special social group and therefore
ligible for asylum if the persecution in the country of origin is suffieienily severe. encuy
‘iples were adopted and signed by Manfred Nowak,
Moreover, the Yogyakarta-pri
Austrian Professor and co-director of the Ludwig Boltzmann Institute Sf Human Rights,
Austria and UN Human Rights Council Special Rapporteur on Torture and other Cruel,
Inhuman or Degrading Treatment.
‘The UNHCR advises Austria to connect the definition of wuinrable people to LGBTI people
as they might have othervise difficulties to get access to their rights defined by the Reception
Direotves of asylum (Mati, 2016), Only to a tain extent the legal situation of LGBT
asylum seekers in Austria,is,considered as part of the vulnerable groups and therefore bave tag
access to a specific treatment and protection of special needs by the state Austria. The
definition of vulnerable people by Amnesty Intemational includes underaged, unaccompanied
minors, handicapped people, old people, pregnant women, single-parents with under-aged
children, victims of human trafficking, people with severe physical illnesses, or psychological