Incidences of violence and discrimination: Even though the Netherlands is known to be a liberal country, and legally the LGBTI community has equal rights to the rest of the population in the Netherlands, violence against the LGBTI community is present.  There is an average of three incidents per week that involve anti-gay violence, with 60% of these incidents located in Amsterdam. Statistics show that homosexuals and bisexuals feel more unsafe than heterosexuals and they are 50% more likely to be victims of criminality. Moreover, in comparison with heterosexuals, homosexuals often report feeling disrespected. This report did not take into consideration transsexuals and intersex persons.

Public attitudes: The ‘Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People’ states: ‘A survey on sexual health in the Netherlands, published by Rutgers WPF in January, showed that more than half of the respondents want people to be clearly male or female; 57.3% of the respondents said they dislike uncertainty over someone’s gender or sex. A further 20% would not want to have contact with trans people, and for 9% someone’s trans status might be a reason to break a friendship. According to Eurobarometer 2012, 54% of the Dutch believe sexual orientation discrimination is widespread.  This is slightly above the EU27 average (46%). 50% believe gender identity discrimination is widespread. This is slightly above the EU27 average (45%).’

State’s capacity to protect: The government has presented the Security Programme (Veiligheidsagenda) for 2015-2018, wherein homophobia is one of the main priorities for the upcoming years within the police force.  This goal of the programme is to create more safety for the LGBTI community, because as the COC, a Dutch organization that has been advocating LGBTI rights since 1946, pointed out, almost a quarter of the Dutch gay community has experienced anti-gay violence. The emphasis of the Safety Programme will also lie on reporting to the police after discrimination/ violence occurred, because, the police points out, this is the only way they can help, and only 15% of the LGBTI community report incidents of violence and discrimination to the police.

On 23 April 2013, the asylum application of three gay people from Trinidad and Tobago was denied by the State Secretary for Security and Justice. Before the tribunal, the three appellants were able to persuade the court that they were gay, and court acknowledged the danger they faced in their country of origin, including a lack of protection from the state. The court concluded on 16 June 2014 in favour of the appellants that the asylum claims should be reassessed.

On 5^th November 2000, the asylum application of a male from Somalia was denied by the Minister for Immigration and Integration. The Somali applicant mentioned that his boyfriend and mother were murdered when his village found out that he was gay, and that he subsequently fled his country.  The appeal is successful and the appellant’s case is returned to the lower tribunal for reassessment.