European Court sets rules for determining if applicant for asylum is homosexual

December 02, 2014

The European Court of Justice has set standards by which member-states of the European Union may determine whether an applicant for asylum is a homosexual.

The Court issued its ruling in a case brought by three people who had applied for asylum in the Netherlands, saying that they faced persecution in their native countries because of their sexual preference. Their applications were denied because Dutch authorities said they had not proven their homosexuality.

The Court of Justice, in its decision, said that states are allowed to assess whether or not an applicant for asylum is actually homosexual. However, in making that assessment they cannot violate the dignity of the applicant by using stereotypes, seeking detailed information about the applicant’s sexual activities, or conducting tests involving sexual activity. The Court also said that an applicant’s reluctance to provide detailed information should not be considered evidence against his case.

 

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Further information:

• Court of Justice of the European Union (European Court of Justice)