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December 3rd, 2014 
David Schulberg 
The highest European court has banned any kind of tests and providing evidence for people claiming refugee status in EU countries on ground of homosexuality. The court said the authorities must follow the EU law and respect the fundamental human rights.
The European Court of Justice in Luxembourg has ruled on Tuesday
that people claiming asylum in countries of the European Union
should not undergo any kind of tests proving their homosexuality
or detailed questioning about their private life.
The authorities must refrain from “carrying out detailed
questioning as to the sexual practices of an applicant for
asylum,” the Court ruling said.
It stressed that the inability of the applicant for asylum to
answer such questions is not a sufficient reason for concluding
that the applicant lacks credibility.
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No additional evidence can be requested by authorities.
The ECJ has restricted verifications based on “detailed
questioning as to the sexual practices of an applicant for asylum
and the option, for those authorities, to allow the applicant to
submit to “tests” with a view to establishing his homosexuality
and/or of allowing him to produce, of his own free will, films of
his intimate acts.”
Even if the applicant themselves proposed to submit such
evidence, it would infringe on human dignity, the court ruled.
“The effect of authorizing or accepting such types of
evidence would be to incite other applicants to offer the same
and would lead, de facto, to requiring applicants to provide such
evidence,” according to the court.
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The Court stated that determination of a refugee’s sexuality
cannot violate rights to privacy and dignity, and must be in
accord with the law of the European Union.
“While the national authorities are entitled to carry out,
where appropriate, interviews in order to determine the facts and
circumstances as regards the declared sexual orientation of an
applicant for asylum, questions concerning the details of the
applicant’s sexual practices are contrary to the fundamental
rights guaranteed by the Charter and, in particular, to the right
to respect of private and family life,” stated the press
release.
However, the Court said self-proclamation is sometimes
insufficient “and may require confirmation.”
The number of such claims has grown in Europe recently as many
African countries passed a law making homosexuality a crime
punished with long jail terms. Besides, in several Islamic
countries the law requires the death penalty in such cases.
The case was brought in the European Court of Justice by the
Council of State of the Netherlands which wanted to know whether
there are any limits imposed by EU law as regards the
verification of the sexual orientation of applicants for asylum.
Earlier, the Dutch government rejected three bids of asylum
saying they were not proved though one of the claimants provided
a film confirming his statements. Later, their appeal was
granted.
Source Article from http://rt.com/news/210875-eu-court-asylum-gay/
EU Justice Court bans tests for LGBT asylum seekers
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