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Overview of Needs

1. The war heightens identification-related challenges

As Ukrainian refugees are forced to quickly flee, there is the widespread challenge of ensuring proper documents are safeguarded. Discrepancies in identification disproportionately harm LGBTQI+ refugees. For instance, refugee identity cards might not reflect chosen names or gender identities (19). The lack of legal documents can result in harassment, difficulties at borders and denial of entry (20, 21).

 

Immigration equality in terms of spousal benefits for marriages/unions is not legally recognized. Equal access to spousal benefits and family reunification programs becomes a problem if states require proof of partnership (but the home country did not recognize same-sex marriage), or if the host country does not recognize same-sex marriage (20).

 

Lack of partnership recognition and subsequent documentation limits the ability of LGBTQI+ couples to stay together and access the same resources as non-LGBTQI+ refugees. LGBTQI+ couples who remain in Ukraine are excluded from food aid because they not defined or recognized as “family" (19). This lack of recognition also impacts health care and property rights. As one activist shared:

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“For every LGBT [person] who stays in Ukraine… they and their partners are not protected by Ukrainian law. And for example, there can be some problems if one of the partner dies with property heritage, with access to a medical hospital to decisions about health of person, decisions about organ donation...”

 

Transgender individuals also face specific legal challenges concerning identification documents. Those whose official documents do not align with their gender identity may encounter difficulties at border crossings and military checkpoints. Reports indicate that some transgender women have been prevented from leaving Ukraine due to discrepancies in their identification, leading to invasive examinations and bureaucratic obstacles.

 

Some transgender women fear border guards will make them enlist in the Ukrainian army, or are denied exit because they are identified as “M” on identity cards (22). Some transgender Ukrainians have tried to solve the problem by discarding their identity cards or bribing guards at the border, exacerbating or causing further problems (23). Obstacles in legally changing one’s gender marker both within and outside of Ukraine restrict the ability of many transgender refugees to flee. Those who manage to change their gender marker or make it across the border still face challenges in registering in their host country due to such discrepancies and may be given aid that does not acknowledge their identity.

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2. Lack of Inclusive Shelter and Safety

For refugees marginalized by gender and sexuality, larger encampments or housing situations that are not set up with the needs of sexual and gender minorities may be unsafe. As the war has demolished infrastructure in Ukraine and forced millions to flee, accommodations for Ukrainian refugees has been at the forefront of regional response programs. These policies have often taken a “one size fits all” approach that fails to accommodate the specific vulnerabilities of LGBTQI+ refugees, and as support wanes, these groups are further marginalized.

 

 Shelters are not always safe spaces for LGBTQI+ persons, who may be forced to hide their identity or circumstances, but this makes it even harder to access the community-specific resources they need. LGBTQI+ migrants, particularly transgender or gender non-conforming individuals, may be unable to live in housing situations that match their gender 

identity/presentation, putting them at increased risk for sexual assault (24). Mental health issues can become more severe for LGBTQI+ persons who must conceal their identity or face harassment in unsafe housing situations (25). LGBTQI+ displaced persons who do not have access to safe housing are more likely to engage in sex work, which may be criminalized in countries of first arrival (20).

 

To fill these gaps, informal networks of LGBTQI+ community members have served to provide support for those unable to access safe housing (25). Yet, the private sphere generally lacks methods to confirm whether housing is inclusive, and waning benefits for those granted temporary status raise prices for these refugees. Networking with inclusive individuals and organizations has been at the forefront for LGBTQI+ Ukrainian refugees seeking shelter, but these hosts are not able to cover the sheer exodus of refugees fleeing the war.

 

With difficulties in accessing the job market on top of these concerns, safe spaces are needed to accommodate the vulnerabilities of LGBTQI+ asylum seekers. This includes extending support to Ukrainian refugees and their (inclusive) hosts, as well as organizations that are mobilizing to take in migrants fleeing the war.

3. lack of consistent, inclusive health care and essential medicines

3a. Lack of Culturally-Competent Care

 

Amid over 2,200 attacks on Ukrainian health-care facilities (26), there is also a lack of inclusive medical care for LGBTQI+ people. This means that LGBTQI+ Ukrainians go without primary care, as well as specialized gender-affirming health services, such as hormones. Further, since the war, Ukraine has seen a loss of health care personnel, including LGBTQI+-friendly providers. Some doctors have fled, while others are serving on the frontlines. LGBTQI+ individuals worldwide also continue to experience stigma and discrimination when seeking healthcare services (27), and survivor-centered care remains a pressing concern for LGBTQI+ survivors of sexual violence (20).

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Stakeholders and activists express how transgender people face issues accessing essential medicines such as hormones, and this is an issue that recurs “time and time again.” According to an activist in Ukraine:

 

“I think with the trans and intersex populations… a lot of it comes down to medication and having better access to doctors and nurses, and getting access to the medications that they need…”

 

Interruption in access to hormone medication is a particular risk for intersex and transgender refugees. Broadly, hormone medication is not comprehensively included in WHO’s Interagency Emergency Health Kits or in essential medicine lists of civil society organizations during crisis response (20). Interrupted access to hormone medication can be life-threatening for individuals already taking hormone medications (21). Access has been interrupted for trans and intersex Ukrainians during the current crisis, due to pharmacy closures and limited supply (28). While access to hormone medications is vital, there are also protection concerns for refugees outed as transgender (20).

 

3b. Interrupted Access to HIV Prevention and Treatment

 

Ukraine has an especially high HIV rate for Europe, as UNAIDS estimates 260,000 adults and children living with HIV in Ukraine at the time of the invasion (29). Men who have sex with men and transgender individuals (especially transgender women) are especially likely to contract HIV, and HIV-positive individuals at greater risk of harm from COVID-19, as well as other comorbidities (20).

 

Ukraine made substantial progress in HIV prevention and treatment before the war, but the country is now reeling from the war as well as from the U.S. funding pause. Ukraine was the biggest recipient of funding from the U.S. Agency for International Development, and crucial programs for disease prevention, including HIV and tuberculosis, are left unfunded (30). While it is beyond the scope of this white paper to speak to this deadly lacuna, the “America First” policy context is undoubtedly impacting LGBTQI+ people with dangerous implications for disease spread worldwide.

 

3c. Invisible Intersex Issues

 

In Ukraine as well as in host countries, intersex people may face difficulties accessing necessary, appropriately consensual healthcare, leading to unique challenges in the context of the current displacement crisis.

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When children identified as anatomically, chromosomally, or hormonally different from the average infant on the basis of sex characteristics, they are often subject to medical interventions, including surgery and hormonal treatments, aimed at making their bodies more “normal” (31). Since in many cases visible intersex conditions do not seriously affect a child’s health outcomes, these mark a breach of informed consent, where parents are pressured into what are ultimately cosmetic surgeries that can have serious psychological and physical health ramifications (32). Such interventions have been performed in Ukraine since the Soviet Era, and there are no protections against unnecessary, non-consensual medical interventions on intersex people in Ukraine (33). Local intersex activists condemn the practice as harmful (34). This means that intersex refugees from Ukraine may suffer from continuing effects of past medical mistreatment.

 

Environmental stresses may create additional challenges for intersex refugees. Intersex people exhibit higher rates of mental health challenges or psychological than the general population, which may be connected to minority stress and to medical traumas (35). Meanwhile, those with visible variations in sex characteristics may face discrimination and violence in shared housing environments (36).

 

While intersex people may have gender-affirming care needs that overlap with those needed by transgender people, they may also have unique health needs that require specialist treatment or prescription medication. For example, those with certain forms of Congenital Adrenal Hyperplasia may need hormone treatments to maintain basic metabolic functions, with risk of life-threatening adrenal crisis (37). Other conditions may require treatments to maintain lifelong bone density. One intersex activist interviewed noted that while not all intersex healthcare needs may be treated as urgent, stating: “In the end it will turn against you because you will have to pay more for the care later”.

 

Awareness of intersex issues lags, despite a significant percentage of the population (estimated around 1.7% worldwide) having some variation in sex characteristics. In Ukraine in particular, one activist noted that “...intersex is not so popular actually, topic in Ukraine as in Europe.” In Europe, intersex variations are more widely discussed, with European Union-wide initiatives focusing on intersex awareness, official recognition by institutions like the Council of Europe (38), and some countries instituting protections for intersex people (e.g., Greece, Malta). However, many people with intersex variations may thus not be used to openly discussing their differences with others, nor know that they have support when intersex-specific resources are available. Intersex people may use a variety of language to describe themselves, and language barriers can complicate this further.

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Meanwhile, European organizations focusing on intersex are still chronically underfunded compared to other organizations focusing on sexual and gender minorities. In 2021-2022, intersex organizations received around 1% of global funding geared towards LGBTQI+ communities overall, and a single donor (Intersex Human Rights Fund) made nearly half of all grants out to intersex organizations (39). Participants also noted that larger umbrella organizations may compete with them for funding. Ultimately, access to intersex-focused supports emerge as an access gap from a constellation of social and fiscal challenges.

 

Despite these barriers, intersex organizations continued to organize mutual aid and support for intersex Ukrainians displaced by the full-scale invasion. A “second system” mobilized to cover systemic imbalances in the broader provision of healthcare. Larger LGBTQI+ organizations and general refugee-serving organizations were a vital source for grant funding in the immediate months following the full-scale invasion, allowing local organizations to directly support displaced Ukrainians where needed. Medical, financial, and psychosocial support helped refugees to adapt. An intersex organizer noted:

 

“...We basically kind of worked with some doctors, so when people got in touch with us, and they said, 'Oh, my child doesn't have Hormone Replace Therapy,' or 'My daughter needs steroids” or something … then we provide that contact with a doctor.” This second system of support enabled intersex people to access needed therapeutics.

4. 1.   Challenges Faced by LGBTQI+ Ukrainian Defenders During the War

The participation of LGBTQI+ individuals in the Ukrainian military has become increasingly prominent, especially since the onset of Russia's full-scale invasion in 2022. Organizations like "Ukrainian LGBT+ Military and Veterans for Equal Rights," established in 2018, have been instrumental in advocating for equality within the armed forces and broader society. This group comprises over 500 active and former military personnel united in their pursuit of equal rights, including the legalization of same-sex partnerships and the eradication of discrimination (40).

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LGBTQI+ soldiers serve across various branches of the Ukrainian military, often distinguishing themselves through valor and commitment (16). Their visibility has challenged traditional perceptions and contributed to a gradual shift in societal attitudes. Even among respondents with generally negative views toward LGBTQI+ individuals, 53.8% supported their inclusion in the military (41). This support underscores a growing recognition of their contributions on the battlefield, although such support is also complicated and varies across the board.

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The active participation of LGBTQI+ individuals in Ukraine's defense efforts has catalyzed broader discussions about equality and human rights. Public support for same-sex civil partnerships has grown, with many Ukrainians recognizing the contributions of LGBTQI+ soldiers. Activists argue that granting equal rights aligns with Ukraine's democratic values and distinguishes it from the authoritarian stance of its invader. President Volodymyr Zelenskyy's acknowledgment of the need for legal recognition of same-sex partnerships, despite constitutional constraints during martial law, marks a significant step toward inclusivity.

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While LGBTQI+ defenders in the Ukrainian army have made significant strides in representation and advocacy, our interviewees underscored how they continue to face psychological, legal, social, and institutional challenges, including: 

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  1. Gender Identity and Military Conscription: Ukraine’s martial law mandates that men aged 18–60 must remain in the country and be available for military service. However, transgender individuals face bureaucratic obstacles when their gender markers do not align with their identity, leading to cases where trans women are unable to leave Ukraine or face difficulties in military registration (42).
     

  2. Discrimination and Harassment: Instances of discrimination persist within the military and society. For example, a transgender soldier was attacked while on leave in Lviv, highlighting the vulnerabilities faced by LGBTQI+ individuals even within their own communities (43).
     

  3. Lack of Legal Recognition for Partnerships: Ukraine does not currently recognize same-sex marriages or civil partnerships. LGBTQI+ soldiers in Ukraine lack legal recognition for their partners, meaning that if they are killed in action, their partners have no legal rights to benefits, inheritance, or even hospital visitations. This legal gap means that partners of LGBTQ+ soldiers lack the rights that heterosexual couples have, such as making medical decisions for an injured partner or claiming the body in the event of death. Many LGBTQI+ soldiers who have died in combat had no legal way to pass on benefits or property to their partners, leaving loved ones in legal limbo.
     

  4. Psychological and Social Support: The psychological toll of war is immense, and LGBTQI+ soldiers may face additional stressors related to their identity. LGBTQI+ individuals in Ukraine often require specialized psychological counseling, legal assistance, and community support to address these needs. 

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Additionally, interviewees spoke to difficulties with reintegration for LGBTQI+ Ukrainian soldiers:

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They're heroes now, but at the same time, society don't know, doesn't know how to communicate with militaries, with veterans, because they're afraid of, afraid of to say something not appropriate, offensive, etc, and this is why they ignore LGBT veterans in general. And sometimes military [personnel] told me that then they, for example, on streets in uniform and some severe civilians see them. They like, you know, put their eyes down. Try not to look at people because, because they're afraid and don't know how to react... I saw the people who are now LGBT veterans, and they see how it's hard for them to to reintegrate, to adapt, to see the life, especially if they lost a lot of like fellows of frontline, they have this, you know, syndrome, more of a person who survived survivor syndrome.”

 

These comments reflect a need for further specialized psychosocial supports for LGBTQI+ veterans.

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Keep Reading:

This work was supported by the William & Mary Global Research Institute

and sponsored by Professor Reya Farber.

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