Refusal to grant asylum/ Risk of persecution based on sexual orientation

(Application No. 61145/16), 6 July 2017 

Find Court’s communication here in French.

Find Court’s decision here in French.

  • The applicant, gay asylum seeker from Cameroon, claimed he would face a real risk of treatment contrary to Article 3 because of his sexual orientation if he were deported back to Cameroon.
  • Professor Robert Wintemute (School of Law, King’s College London) submitted the following on behalf of ILGA-Europe, FIDH, LDH and ECSOL :
    • There is a strong consensus in European and other democratic societies supporting asylum claims by LGBTI persons. The assessment of the risk must take into account the likelihood that an openly LGBTI person would suffer treatment violating Article 2 or 3. An LGBTI person cannot be expected to conceal their sexual orientation or gender identity in their country of origin to reduce the risk of treatment violating Article 2 or 3.
    • Apart from any risk of violence, the Court should consider a real risk of imprisonment for private, consensual, adult, same-sex sexual activity (as in Cameroon) as a real risk of inhuman or degrading treatment violating Article 3.

See also

News

Trans woman should have been allowed access to hormone therapy in prison, says European Court

The European Court of Human Rights has found that Poland violated Article 8 of the European Convention on Human Rights, protecting the right to private […]
read more
Blog

What European countries might soon start recognising non-binary people?

Interested in the current state of non-binary rights in Europe? This concise guide covers the most important updates and developments you should be aware of […]
read more
News

Joint Statement welcoming CJEU Advocate General on collection of gender binary civil titles

ILGA-Europe, TGEU and Association Mousse welcome the opinion of the Advocate General of the Court of Justice of the European Union confirming that the French […]
read more
News

Joint Statement welcoming European Court ruling that Russia’s trans parent’s foster-care termination violates family rights

In a judgement published yesterday, the European Court of Human Rights found that Russia violated the right to private and family life of a trans […]
read more
News

Joint Statement: European Court confirms requirement for legal gender recognition in Bulgaria despite rejected complaint

TGEU, ILGA-Europe, Bilitis, and the Bulgarian Helsinki Committee welcome the European Court of Human Rights’ confirmation of Bulgaria’s obligation to provide for reliable legal gender […]
read more
Blog

Remarkable and resilient Prides across Europe

Amid political turmoil, war, social issues and cultural changes, Pride celebrations in Europe continue to demonstrate the resilience and determination of LGBTI communities Today, on […]
read more
News

Joint statement in support of South African athlete Caster Semenya

ILGA-Europe, The International Commission of Jurists and the organisation Intersex International Europe jointly file a third-party intervention before the Grand Chamber of the European Court […]
read more
News

EU Court of Justice Advocate General calls for automatic recognition of legal gender recognition in birth certificates

In a significant development regarding the rights of trans people in the European Union, the Advocate General of the Court of Justice of the European […]
read more
News

European court to hear landmark case regarding discrimination against non-binary people

The Court of Justice of the European Union is to decide on lawsuit over the lack of provision of an option for non-binary persons, which […]
read more
News

Top European Court Strikes Out Case Against Azerbaijan for LGBTI Arrest and Torture

Last week, the European Court of Human Rights decided to strike out A. v Azerbaijan and 23 other applications. The case involved a wave of […]
read more
Report

Inventory of relevant SOGIESC case law and pending cases before the ECtHR and CJEU

In order to focus our strategic litigation efforts across Europe to fully protect and advance LGBTI rights, with this inventory ILGA-Europe wants to support members […]
read more
News

Significant European Court judgments in two cases concerning violence against LGBTI people involving state agents

Two successful European Court cases brought against Russia underline state obligations to protect LGBTI community from violent counter demonstrators and general hate motivated violence.
read more
News

Romania failed to protect same-sex couples, European court rules

European court has found that Romania breached the right to respect for the family life of 21 same-sex Romanian couples by failing to recognise their relationships.
read more
Press Release

Romanian transgender man’s landmark case requesting that Romania acknowledges his UK gender recognition referred to the Court of Justice of the European Union

Arian Mirzarafie-Ahi, a transgender man with Romanian and British citizenship, has filed a first-of-its-kind lawsuit in Romania against Romanian authorities over their refusal to recognize […]
read more
News

European Court rules against Lithuania labelling LGBTI-inclusive fairytale book harmful to children

Published in 2013 by the Lithuanian University of Educational Sciences and written by the late lesbian writer, Neringa Dangvyde Macate, the book was entitled ‘Amber […]
read more
News

After Polish Case, CJEU Rules to Protect Self-employed Workers based on Sexual Orientation

In December 2017, a self-employed worker and his partner published a music video on YouTube aimed at promoting tolerance towards same-sex couples. Shortly after the […]
read more
Press Release

LGBTI organisations welcome EU parental recognition proposal with the best interests of the child at its core

EU-wide parenthood recognition is key in ensuring equal protection for all children in the Union, say ILGA-Europe and NELFA.
read more
News

Sexual orientation is not a reason to terminate a contract with a self-employed worker, says Advocate General of the CJEU

Today, the Advocate General of the CJEU has issued an opinion in the case of J.K. vs the Polish public broadcaster company TP, stating that discrimination based on sexual orientation in employment is not acceptable under EU law.
read more
News

Rainbow families have the right to move and reside freely, EU court reiterates

The Court of Justice of the EU has stated that birth certificates issued in an EU country must be recognised across the EU, and that EU countries should protect the freedom of movement of rainbow families.
read more
Blog

The United Nations has identified LGBTI people as a group specifically affected by the war in Ukraine

Working alongside ILGA-Europe, the UN High Commissioner for Refugee has published recommendations for humanitarian actors working with LGBTI people affected by the war in Ukraine.
read more
Case Law

A.B. and K.V. v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment Submitted jointly […]
read more
Blog

A Marathon, not a sprint: how we’re responding to the invasion of Ukraine

In the past week, since Russia invaded Ukraine on February 24, the global response has been massive, alongside a great number of organisations working with […]
read more
Blog

How Baby Sara and her mums have pushed forward the rights of all rainbow families across the EU

When an EU country recognises a child and its same-sex parents as a family, all EU countries should recognise them as such, so to guarantee their freedom of movement. This is what the EU’s top court ruled in December. But how this case has advanced LGBTI rights in the European Union and what comes next for rainbow families?
read more
Report

Our submission to the EC 2022 Rule of Law Report

Expert contributions were provided by organisations PROUD (Czech Republic), LGBT komiteen (Denmark), Inter-LGBT (France), Háttér Társaság (Hungary), KPH & Atlas of Hate (Poland), ACCEPT (Romania), […]
read more
Case Law

Macaté v. Lithuania

Freedom of expression, warning labels restricting artistic expression.
read more
Blog

What has 2021 meant to the LGBTI movement in Europe? Listen to our latest podcast episode to find out this year’s highlights

As 2021 comes to an end, we have collected some of the moments, events and trends that have marked the year in the latest episode of The Frontline, ILGA-Europe’s podcast about LGBTI activism and lives in Europe and Central Asia. Read here some of the episode’s highlights and find out reasons to stay hopeful in 2022.
read more
Blog

Alarming new research shows how LGBTI people are affected every day by inequality

Recent data shows that LGBTI young people perceive the labour market with fear and that most of LGBTI youth living with their families have experienced violence in different parts of Europe. These are among the alarming facts related to the impact of inequality and oppression in LGBTI communities, as identified through ILGA-Europe’s No One Left Behind initiative.
read more
Case Law

Judgment in Case Stolichna obshtina, rayon ‘Pancharevo’

Child, being a minor and a Union citizen, whose birth certificate was drawn up by the host Member State and designates as parents two persons […]
read more
Press Release

Top EU Court Recognises Relationship of Same-sex Parents and their Children Under EU Law

In a landmark judgement, the Court of Justice of the European Union has ruled that a child and its same-sex parents must be recognised as […]
read more
Case Law

Coman and Others v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment.
read more