💫Respect

The principle of respect refers to the upholding and safeguarding of self-determination, dignity, wishes, and choices of survivors, allowing them to be in control of the process of reporting their GBV case by deciding who to tell and what actions to take.

Explaining Terms: Self-Determination

Self-determination refers to a person’s ability to self-identify and self-define their sexual orientation, gender identity, and gender expression (SOGIE). The principle of self-determination is critical in the context of legal gender recognition for trans, intersex, and non-binary people to prevent them from being subjected to unnecessary medical intervention to validate their gender identity, a form of validation not required for cisgender people.

The principle of self-determination can be found across various principles in the Yogyakarta Principles.

Principle 3: The Right to recognition before the law

Everyone has the right to recognition everywhere as a person before the law. Persons of diverse sexual orientations and gender identities shall enjoy legal capacity in all aspects of life. Each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self-determination, dignity and freedom. No one shall be forced to undergo medical procedures, including sex reassignment surgery, sterilisation or hormonal therapy, as a requirement for legal recognition of their gender identity. No status, such as marriage or parenthood, may be invoked as such to prevent the legal recognition of a person’s gender identity. No one shall be subjected to pressure to conceal, suppress or deny their sexual orientation or gender identity.

Source - Yogyakarta Principles

Further reading - Self-determination models in Europe: Practical experiences (TGEU, 2022)

Respect entails giving primary consideration, appreciation, and support to the experiences of survivors. It involves understanding the context that shapes their decision-making process when seeking assistance and redress. For instance, LGBTQ people who engage in sex work and substance use may hesitate to report incidents to the police or seek support due to the potential legal consequences they might face. In such cases, it is important to respect their choices and not place them in further harm. As a service provider, you could seek consent to document their case for advocacy purposes.

At the same time, it is essential to recognize that many LGBTQ people often feel constrained in their choices, believing they won't receive adequate care solely due to their SOGIESC and other intersecting identities. Consequently, some may resort to harmful decisions or coping mechanisms. For instance, LGBTQ people experiencing intimate partner violence may struggle to leave such relationships because they perceive them as their only source of love and companionship.

In these situations, it is crucial to connect survivors with LGBTQ-affirming service providers who can patiently build trust and guide them through the process while offering options for financial assistance, housing support, and more. It is important not to become frustrated if survivors choose to remain in their current relationships.

✍️How to integrate the principle of Respect into your practice?

Allow clients to disclose their SOGIESC at their own time or will. Some clients, especially from non-accepting and hostile contexts, may only disclose their SOGIESC when they feel safe. Assume that all clients may and could identify with an identity under the LGBTQIA+ umbrella. Do not pressure clients to disclose their SOGIESC. Refer to this section in creating an inclusive environment. Refrain from reacting negatively if they disclose their SOGIESC after a period of time. Instead, you should react positively, as this is a positive sign of increased trust. You could thank your client for sharing their SOGIESC with you.

• Respect the rights of the survivor to make their own decisions: Share information on all options and services that may be available, refer to this section for Directory of Services. This allows survivors to make informed decisions. Refrain from forcing help on people, or being pushy and intrusive. Give the survivor time, space, and information to decide how they would like help.

• Train your staff, volunteers, and care providers in active listening skills, you can read more on this checklist.

Additional Context: Understanding LGBT subcultures to improve GBV response

Understanding the LGBTQ+ subcultures is essential for GBV responders to recognize the distinct factors that differentiate LGBTQ+ cases from those involving non-LGBT people.

LGBTQ+ people may engage in dating and sexual practices that differ from those of cisgender heterosexual people. Some of these practices may involve safety risks and ambiguous consent.

For instance, gay, bisexual, and queer (GBQ) men who partake in activities like cruising or engage in sexual acts with multiple partners are exposed to a myriad of risks by state and non-state actors, some of which can be attributed to the increased vulnerability and impunity resulting from the criminalization of LGBTQ people. This includes extortion, raids, arrest and detention, cruel, inhumane, and degrading treatment by law enforcement officers.

At the same time, GBQ men are also exposed to catfishing, extortion, sextortion, stealthing, condom refusal, non-consensual recording, hate crimes, physical and sexual violence by non-state actors when engaging in sexual activities with new people that they meet through dating applications or other sites. In such cases, GBQ men are unable to seek redress and support systems due to, among others, fear of reprisal, perception of sexual practices engaged by LGBT people as unsafe or deviant sexual acts, and gender stereotypes surrounding masculinity.

Justice for Sisters (JFS) supported a gay man, who faced sextortion by a person he met on a dating application. The perpetrator threatened to out him to his family members and employers if he did not pay the perpetrator a sum of money. Despite his fears, supported by a lawyer, the gay man lodged a police report, where he learned from the police that the perpetrator was a multiple offender.

In such cases, it is crucial for service providers not to blame the survivor and maintain a survivor-centric and LGBTQIA+ affirming approach.