Ourbih’s Legacy: Transgender Forced Displacement, Legal Boundaries, Lived Realities, and the Struggle for Recognition

In 1995, recognition of sexual orientation within asylum law was expanded when a transgender woman from Algeria, known by the case name Ourbih, sought asylum in France. Yet, the specifics of her trans identity remain marginalized, reflecting broader issues in asylum systems. Providing an overview of transgender asylum and displacement scholarship, this chapter problematizes the field’s concentration in the Global North. It argues that these systems impose binary, medicalized frameworks of gender, forcing trans asylum seekers into rigid categories designed to fit Global North bureaucracies. Contrasting this with literature from the Global South with a particular focus on the African continent, the chapter challenges dominant legal and scholarly narratives, emphasizing the cultural, historical, and geographical specificities of trans displacement. Moving beyond legalistic framings, the chapter advocates for a reorientation of scholarship and policy toward care, respect, and the amplification of trans voices, ensuring that asylum systems reflect the diverse realities of those they seek to protect. By considering the lived experiences of trans individuals and embracing the diversity of gender, whether they adopt or reject the term “transgender,” the chapter calls for a more inclusive and intersectional approach to trans forced migration.