The Protection of LGBTQ People and Forced Migration in the Face of Discrimination and Climate Change

First and foremost, we must begin from the premise that LGBTQ people fall within the definition of vulnerable populations under the Brasilia Rules, and therefore deserve reinforced protection by all branches of government as well as private actors. However, the mere recognition of LGBTQ rights (lesbian, gay, trans, bisexual, and intersex) is not enough; the challenge lies in transforming legal equality into substantive equality. This requires ensuring, on a daily basis, the existence of work, health, educational, and recreational spaces, among others, that respect sexual and gender diversity.

Many of the legal achievements in this field reflect broader transformations in demands for rights related to sexual diversity, entailing a shift in the way such rights are conceived: no longer framed exclusively within specific collectives, but rather as part of citizenship as a whole.
In this sense, it is possible to speak of a democratization in the treatment of issues related to sexuality. Guided by a human rights perspective, this approach seeks to bring the debate into the realm of law and the exercise of citizenship, both of which can serve as potential spaces for transforming social and gender relations.

Nevertheless, studies conducted in various countries show that rates of poverty, homelessness, and food insecurity are higher among LGBTQ individuals than among the general population.

These disparities are exacerbated in the context of forced migration, where LGBTQ people find themselves "between a rock and a hard place": on the one hand, attacks on their rights are intensifying, while on the other, xenophobic attitudes and rejection of migrants are on the rise in many parts of the world.
Climate change has intensified forced migration, with the most common causes being drought and the advance of desertification, crop failures, torrential rains, disruption of seasons, and extreme temperatures. Added to this are water shortages, severe wildfires, rising sea levels, polar ice melt, catastrophic storms, and biodiversity loss.

At the same time, we must recognize that this group is not forced to migrate solely due to climate change. Frequently, the abusive discrimination they suffer in their home countries compels them to migrate or face forced displacement.

In such cases—including persecution specifically targeting the LGBTQ community—individuals are confronted with complex, interlinked patterns of structural, physical, psychological, and sexual violence that affect multiple stages of displacement. This situation worsens when, in the face of climate change and the impossibility of remaining in their place of origin, they are left with no choice but to migrate under conditions of structural vulnerability. Given their limited options, they often resort to seeking asylum through informal channels, which increases their risk of exploitation and violence in all its forms.
What is even more troubling is that, at a time when conflicts, natural disasters, climate change, and other crises are forcing people to abandon their homes, many States are simultaneously rolling back protections for LGBTQ people—and in some cases even continuing to criminalize consensual same-sex relations and other forms of gender expression.

LGBTQ persons displaced within their countries of origin due to discrimination or violence based on sexual orientation or gender identity—or because of broader crises—enjoy only limited recognition among the general displaced population and often face obstacles in accessing support from organizations mandated to assist internally displaced persons.

When forced to flee across borders, they face heightened risks of physical and sexual abuse, extortion, and arbitrary detention. These abuses are committed by both state and non-state actors—including armed groups—and also occur at the community level, within societies shaped by deep-seated discriminatory biases. In addition, LGBTQ people encounter other challenges such as inaccessible or inadequate healthcare, non-inclusive housing, and limited access to family reunification programs. These conditions hinder their ability to integrate into communities and achieve socio-economic stability, thereby deepening their vulnerability.

In short, there is no doubt that during displacement, LGBTQ people are often excluded from humanitarian and protection services. This exclusion may be intentional, but it may also be structural, as humanitarian aid providers are not always prepared to recognize and address the specific vulnerabilities of LGBTQ people, much less their particular needs.

There is still a long way to go in achieving effective, comprehensive protection of LGBTQ rights. Activist groups and individuals have demanded change, and courts have made some progress in this regard. Yet it remains insufficient, as public policies are either non-existent, inadequate, or—worse still—unenforced.

Claudia Salazar is the President of the Health Law Division, Institute for Legal Research, Blas Pascal University, Córdoba - Argentina