EU court blocks gay asylum tests

[Luiz 4,253]

 

http://www.bbc.com/news/30290532

 

The EU's top court has ruled that refugees who claim asylum on the grounds that they are homos-xual should not have to undergo tests to prove it.

 

Three men, including a Ugandan and one from a Muslim country, failed in their bids for asylum when a Dutch court said they had not proved their s-xuality.

 

EU states including the UK have been criticised for their handling of gay asylum requests.

The European Court of Justice (ECJ) says they must respect human dignity.

 

Its rulings apply to all EU member states.

The case is significant across the EU because of a surge in the numbers of sub-Saharan Africans seeking asylum in Europe this year. Most African countries treat homos-xuality as a crime.

 

 

The Czech authorities were criticised by the UN, EU and human rights activists in 2011 for using an erection or "phallometric" test - a practice dating back to communist times - to determine whether certain asylum seekers were gay.

Respecting dignity

 

In its latest ruling, the Luxembourg-based court said that determining a refugee's s-xuality had to be consistent with EU law and respect their private and family life.

 

In particular, it said that evidence of homos-xual acts submitted from tests or on film infringed human dignity, even if it was proposed by the asylum applicant. Allowing such evidence could result in it becoming a requirement, the court said.

 

While authorities could interview an asylum seeker to find out about their s-xual orientation, questions could not be asked about their s-xual practices.

 

An asylum seeker's failure to answer questions about their personal circumstances was not sufficient reason to reject their credibility. Nor was an applicant's failure to declare his homos-xuality from the start, the judges said.

 

Treatment of gay, lesbian or bis-xual refugees has become a key issue in the UK in recent months, after revelations that one asylum seeker was asked what one lawyer described as "shockingly degrading" questions.

 

A report by the UK independent chief inspector of borders and immigration in October found that more than one in 10 interviews involved questions of an "unsatisfactory nature".

The ECJ ruled last year that gay asylum seekers who had a genuine fear of imprisonment in African countries could claim refugee status, in response to another Dutch case.

 

[bionic 50,111]

 

 

 

Completely wrong kind of asylum.

[Goosey 3,017]

So they can say "I'm gay" and get in without any further questions? Silly. If they can't find out a person's s-xual orientation, they should not allow asylum based on s-xual orientation.

[Bye 3,947]

I understand the dignity thing. But then again anyone can say I'm gay and get asylum status if they come from a homophobic country :/

[Redstreak 6,653]

For now it's a great move. Anti-gay countries are just getting worse with their treatment of their LGBT citizens and they need all the help they can get in getting the hell out. If they feel the need to, work on a better "gay test" (how the hell does that even work) but for now, granting possible LGBT citizens safety is the most important thing.

[uo111 5,282]

If someone wants to claim they are gay to get asylum from their home country, maybe there is a reason why people should be allowed asylum from that country.

 

Plus, how the **** do they "test" for homos-xuality

 

We have spent decades trying to prove how that's not possible, and now some people are advocating for it. How bout no.

[Economy 52,861]

but then cant anybody just pertend to be gay to claim refugee status???

[HANZ 4,380]

now being gay has never been more IN

 

now anyone can say they are gay to get asylum

 

that's kinda messy tbh

[hmm 979]

If someone wants to claim they are gay to get asylum from their home country, maybe there is a reason why people should be allowed asylum from that country.

 

I agree, but I think that's more to do with the morals and ethics of "belonging" to a country and it's an extreme minority opinion I think

 

-

 

On topic, good move from the perspective of rights to the asylum seeker but I hope this doesn't cause EU countries to reduce the amount of asylum places granted because of the prospect that a person isn't gay

[Economy 52,861]

now being gay has never been more IN

now anyone can say they are gay to get asylum

that's kinda messy tbh

this! I cant at ppl praising this

The young generation nowadays just seems to support everything and anything to do with equality of people, helping the poor, action on global warming etc etc etc

Basicaly youth nowadays in modern cultures like to approve anything and everything that they think is progress ethically speaking

But 80% of those ppl dont seem to like to take into account how some actions or decisions can backfire in some other way.

Think people think!!! Not everything thats beneficial one way is worth it if it brings major negatives another way like come on!!!! :roll:

[Gagaloo911 12,959]

Wonderful news!

 

Sorry, but for you flops arguing it's bad cause anyone can say they're gay, that's just a terrible argument. People shouldn't have to "prove" they're gay. And they should be able to flee to a country where they can be who they are.

[Economy 52,861]

Wonderful news!

Sorry, but for you flops arguing it's bad cause anyone can say they're gay, that's just a terrible argument. People shouldn't have to "prove" they're gay. And they should be able to flee to a country where they can be who they are.

what ppl shouldnt or shouldnt have to do is irrelevant to the argument

U cant make life totally fair. If u tried, for many thigs there would be disorder

Accept it or not, ppl who arent gay will take advantage of this and lie. Theres no getting around that :shrug:

[hughdancy 282]

what ppl shouldnt or shouldnt have to do is irrelevant to the argument

U cant make life totally fair. If u tried, for many thigs there would be disorder

Accept it or not, ppl who arent gay will take advantage of this and lie. Theres no getting around that

But what was the "gay" test? How is it going to be any more effective at catching people who are pretending to be LGBT than just someone lying?

[Guest]

Isn't the other way around most of the time, where people do anything to prove that they're Straight? :awkney:

[Redstreak 6,653]

But what was the "gay" test? How is it going to be any more effective at catching people who are pretending to be LGBT than just someone lying?

Plus what reason would a large number of people have for calling for asylum anyway unless there was some prevalent need? I mean sure you might have a few who abuse the system and lie about their status, but what's the better solution? Refusing anyone asylum because a small number of people might trick you?