An LGBTQI+ child rights-based approach to eligibility for international protection

Abstract This article focuses on the application of the refugee definition provided in article 1(A) of the 1951 Refugee Convention to the special protection needs of LGBTQI+ children. In doing so, it uses the Convention on the Rights of the Child (CRC) as an interpretative tool to adapt the specific requirements established by the Refugee Convention to the special protection needs of LGBTQI+ children applying for asylum. It argues that the child specific protection provided by the CRC should be interpreted to create effective access and specific protection for LGBTQI+ children applying for asylum under Article 1(A) of the Refugee Convention. Owing to the rights protected in the CRC and notably the principle of the best interests of the child, when LGBTQI+ children do not fit the requirement of individualised risk of persecution, they should qualify for complementary protection in light of, or based on, the CRC itself.