Sunday

3rd Dec 2023

Opinion

No more hiding of homosexuality

  • The EU court in Luxembourg: sexuality is an integral part of people's identity (Photo: ILGA-Europe)

The EU Court of Justice delivered on 7 November a judgment clarifying various aspects of EU asylum law in its application to claims by gay asylum seekers from countries where homosexuality is criminalised.

The media mostly focused on the fact that the court confirmed that people persecuted in their home countries because of their sexual orientation form a “particular social group” in the sense of the Geneva convention and of EU law.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

They also noted that the court considered that only when sanctions against homosexuals are applied can a country be considered to be persecuting them.

Another significant but related aspect of the judgment was left unnoticed.

This aspect concerns one of the most bizarre practices by asylum authorities in some EU countries: they simply tell gay and lesbian asylum seekers to hide, tone down, be discreet or completely secret about their homosexuality to avoid persecution.

Therefore, such applicants see their asylum claims dismissed and are often returned to their countries of origin.

The court now made it clear that lesbian and gay asylum seekers who are escaping their home countries because of fear of persecution based on their sexual orientation cannot be expected to “conceal [their] homosexuality in [their] country of origin or exercise restraint in expressing it."

This is consistent with a full and correct interpretation of the concept of “particular social group,” which according to EU law characterises persons sharing a “characteristic that is so fundamental to [their] identity … that [they] should not be forced to renounce it," as recalled by the court.

There are still 76 countries in the world where adult individuals risk criminal sanctions for consensual same-sex sexual acts and five countries where such acts are punished by death.

Hopefully, this judgement will end a completely unreasonable and degrading practice in some EU countries where lesbian and gay asylum seekers are told to tone down their homosexuality, be discreet, and therefore "safe" back in their home countries.

The writers are activists in ILGA-Europe, a Brussels-based NGO

Disclaimer

The views expressed in this opinion piece are the author's, not those of EUobserver.

The EU-Ukraine tango on gay rights

If Ukraine does not pass a key anti-discrimination rights bill before the Vilnius summit, the chances of it coming into law afterward are slim.

Dubai's COP28 — a view from the ground

Discussion of the biggest existential threat humanity has ever faced is barely mentioned on billboards or signage in Dubai — yet visitors are made aware quite quickly that t world rugby sevens tournament is imminent.

'Pay or okay?' — Facebook & Instagram vs the EU

Since last week, Mark Zuckerberg's Meta corporation is forcing its European users to either accept their intrusive privacy practices — or pay €156 per year to access Facebook and Instagram without tracking advertising.

The EU's 'no added sugars' fruit-juice label sleight-of-hand

The Food Information to Consumers package would have finally regulated the health or nutrition claims companies make on their products, claims like "heart-healthy" "30-percent less fat" or "no added sugar". Legislation on these claims is now 15 years overdue.

'Pay or okay?' — Facebook & Instagram vs the EU

Since last week, Mark Zuckerberg's Meta corporation is forcing its European users to either accept their intrusive privacy practices — or pay €156 per year to access Facebook and Instagram without tracking advertising.

My experience trying to negotiate with Uber

After working with people in unusual employment situations for a decade, I thought I had seen it all as a union organiser. Then I began dealing with Uber.

Latest News

  1. Israel's EU ambassador: 'No clean way to do this operation'
  2. Brussels denies having no 'concern' on Spain's amnesty law
  3. Dubai's COP28 — a view from the ground
  4. Germany moves to criminalise NGO search-and-rescue missions
  5. Israel recalls ambassador to Spain in new diplomatic spat
  6. Migrant return bill 'obstructed' as EU states mull new position
  7. Paris and Berlin key to including rape in gender-violence directive
  8. What are the big money debates at COP28 UN climate summit?

Stakeholders' Highlights

  1. Nordic Council of MinistersArtist Jessie Kleemann at Nordic pavilion during UN climate summit COP28
  2. Nordic Council of MinistersCOP28: Gathering Nordic and global experts to put food and health on the agenda
  3. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  4. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?
  5. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  6. UNOPSFostering health system resilience in fragile and conflict-affected countries

Join EUobserver

Support quality EU news

Join us