The EU offers refuge to those fleeing homophobia
Gay people who are criminalized in their own countries
because of their sexual orientation can be granted refugee status in the
European Union.
This is according to the conclusions of the Advocate General of the European Court of Justice, Eleanor Sharpston, in the case of three citizens from Sierra Leone, Uganda and Senegal. Each country metes out severe punishment for homosexuality, including life imprisonment.
Under Directive 2004/83/EC, which refers to the provisions of the Geneva Convention, a citizen of a third country may apply for refugee status if they have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, and if they are outside their country of nationality and cannot or, for fear of persecution, do not want to seek that country’s protection.
In the case in question, the Council of State of the Netherlands, where the three had applied, asked the Court whether gay citizens constitute a “particular social group”. The judge’s response was affirmative. In her view, “the wording of the Directive shows that the EU legislature has indicated that people who share a characteristic of sexual orientation do count as being members of a particular social group.”
Eleanor Sharpston clarified that “the criminalization of homosexual activity does not in itself constitute an act of persecution within the meaning of the Directive.” It is up to the relevant national authorities to assess whether it is probable that a particular asylum applicant has been subjected to sufficiently serious measures, in terms of their nature or frequency, to constitute a violation of human rights. It is not enough that homosexuality is considered a crime in the country of origin: there must also be evidence of persecution.
The case sets a precedent for asylum seekers in Europe who cite sexual harassment as their main motive for seeking asylum. The 2012 report Fleeing Homophobia estimated there to be about 10,000 refugees escaping persecution because of their sexuality.
According to Amnesty International, homosexuality is illegal in 78 countries around the world, while in seven of them (Saudi Arabia, Iran, Mauritania, Sudan, Yemen and parts of Nigeria and Somalia) it is punishable by death. People from the LGBT community face human rights violations, assault, intimidation and discrimination in more than 40 countries including: Albania, Bahamas, Bosnia, Bulgaria, Cameroon, Chile, Croatia, Denmark, Fiji, Georgia, Greece, Iraq, Italy, Jamaica, Latvia, Lebanon, Liberia, Lithuania, Macedonia, Russia, Serbia, South Africa, Taiwan, Tunisia, Turkey, Ukraine, Hungary, Uruguay and Zimbabwe.
This is according to the conclusions of the Advocate General of the European Court of Justice, Eleanor Sharpston, in the case of three citizens from Sierra Leone, Uganda and Senegal. Each country metes out severe punishment for homosexuality, including life imprisonment.
Under Directive 2004/83/EC, which refers to the provisions of the Geneva Convention, a citizen of a third country may apply for refugee status if they have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, and if they are outside their country of nationality and cannot or, for fear of persecution, do not want to seek that country’s protection.
In the case in question, the Council of State of the Netherlands, where the three had applied, asked the Court whether gay citizens constitute a “particular social group”. The judge’s response was affirmative. In her view, “the wording of the Directive shows that the EU legislature has indicated that people who share a characteristic of sexual orientation do count as being members of a particular social group.”
Eleanor Sharpston clarified that “the criminalization of homosexual activity does not in itself constitute an act of persecution within the meaning of the Directive.” It is up to the relevant national authorities to assess whether it is probable that a particular asylum applicant has been subjected to sufficiently serious measures, in terms of their nature or frequency, to constitute a violation of human rights. It is not enough that homosexuality is considered a crime in the country of origin: there must also be evidence of persecution.
The case sets a precedent for asylum seekers in Europe who cite sexual harassment as their main motive for seeking asylum. The 2012 report Fleeing Homophobia estimated there to be about 10,000 refugees escaping persecution because of their sexuality.
According to Amnesty International, homosexuality is illegal in 78 countries around the world, while in seven of them (Saudi Arabia, Iran, Mauritania, Sudan, Yemen and parts of Nigeria and Somalia) it is punishable by death. People from the LGBT community face human rights violations, assault, intimidation and discrimination in more than 40 countries including: Albania, Bahamas, Bosnia, Bulgaria, Cameroon, Chile, Croatia, Denmark, Fiji, Georgia, Greece, Iraq, Italy, Jamaica, Latvia, Lebanon, Liberia, Lithuania, Macedonia, Russia, Serbia, South Africa, Taiwan, Tunisia, Turkey, Ukraine, Hungary, Uruguay and Zimbabwe.
Source: http://www.west-info.eu/the-eu-offers-refuge-to-those-fleeing-homophobia/
People the Advocate General is NOT a Judge but someone who advices the Judges before they make their decision. So this is NOT a court ruling. People can claim asylum if they are persecuted because of the fact that they are gay but it is not that easily done. You have to kind off "proof" you are gay and you are persecuted by your government or third parties in your country the government cannot protect you for. This means that in the last situation you have to ask your own government for help first. Only to be by passed if asking help itself is dangerous or completely useless.
In verband met geldwolven die denken geld te kunnen claimen op krantenartikelen die op een blog als deze worden geplaatst maar na meestal een dag voor de krantenlezers aan leeswaardigheid hebben ingeboet terwijl wij vreemdelingenrecht specialisten ze soms wel nog jaren gebruiken om er een kopie van te maken voor een zaak ga ik over tot het plaatsen van alleen het eerste stukje. Ja ik weet het: de kans dat u doorklikt is geringer dan wanneer het hele artikel hier staat en een kopie van het orgineel maken handig kan zijn voor uw zaak. Wilt u zelf wat overnemen van dit weblog. Dat mag. Zet er alleen even een link bij naar het desbetreffende artikel zodat mensen niet alleen dat wat u knipt en plakt kunnen lezen maar dat ook kunnen doen in de context.
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