Main | Tuesday, December 02, 2014

European Union High Court Bans Sexuality Tests For Gay Asylum Seekers

Via Newsweek:
The Court of Justice of the European Union, which interprets EU law to ensure that it is equally applied in all EU countries, today ruled that refugees who claim asylum based on their homosexuality should not have to undergo invasive tests to prove it, including detailed questioning on their sexual habits. The Luxembourg-based court said that determining a refugee’s sexuality must be carried out in a way that respects human dignity. The judgement was made in response to an appeal from three refugees, including a Ugandan and one from an unnamed Muslim country, who tried to seek asylum in the Netherlands, for fear of being persecuted in their home country. Each was denied asylum on the grounds that their sexual orientation had not been proven. Today the court ruled that the credibility of an asylum claim on the basis of homosexuality could not be rejected just because the person in question refuses to answer questions about their personal circumstances. While national authorities are entitled to interview asylum applicants, they must do so in a way that does not violate the right of the asylum seekers private and family life.

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