Countries that criminally prosecute homosexual behavior have received a ruling from the European Court of Justice that the European Union will protect individuals fleeing from those countries. A ruling concerning homosexual nationals from Sierra Leone, Uganda, and Senegal have reassured any individual fearful of prosecution because of his/her sexual orientation can seek asylum in the European Union.
The European Court of Justice’s ruling explained that Directive 2004/83/EC, which maintains the minimum standards for a person to be considered a refugee and references the Geneva Convention, applies to any homosexual who is persecuted in his/her country. The Directive states a refugee is a person
The Netherland’s Supreme Court requested that the European Court of Justice give a preliminary ruling to clarify whether homosexuals were included in the definition of the phrase “membership of a particular social group.” The Netherland’s Supreme Court also requested that the European Court of Justice clarify which type of appeal might fall within a receiving host government’s classification of a person as a refugee.
The Court’s ruling sets out that a person’s sexual orientation is a trait that is fundamental to the identity of an individual and no one should be required to renounce such an important part of himself/herself. Explaining that since these criminal statutes target homosexual behavior this supports a finding that homosexuals form a separate group within the definition of a refugee from the Directive.
The Court next explained that being a part of that group alone does not secure refugee status if the persecuting country has laws against homosexual behavior without a showing of a serious violation of a human right. Essentially warning potential applicants that not all violations of a right of a homosexual can reach the threshold to be granted asylum in the European Union. Specifically, the press release from the European Court of Justice states
This ruling clarifies the policy in the European Union for granting and denying asylum for any homosexual from his/her country while also ensuring that all of the Member States follow these basic standards.
« The Tentative Free Trade Agreement Between Canada And The European Union EU Commission to Investigate Germany’s Account Surplus »