NEWS.- The Court of Justice of the European Union (CJEU) has ruled on Tuesday on the evidence that asylum seekers must pass on the grounds of sexual orientation.
It is considered that those who claim in their application risk of persecution in their countries of origin for their homosexuality, can not be subjected in any of the Member States to detailed interrogations about their sexual practices, as this would undermine the fundamental rights guaranteed by the Charter. The law of the Union, collects in particular "the right to respect for human dignity and the right to respect for private and family life". The specific sentence specifies that "Interrogatories on 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 for private and family life".
Last year it was already ruled that non-EU homosexuals enjoyed the right to refugee status in the EU if their sexual orientation is a cause of persecution and imprisonment in their country of origin.
The desperation experienced by some of the applicants led them to voluntarily propose submission to eventual "tests" that would prove their homosexuality or even to the presentation of video recordings of their intimate acts as proof of the veracity of the reason for your requests. The Court of Justice has rejected the acceptance of this type of evidence, arguing that “apart from the fact that these elements do not necessarily have probative value, they may undermine human dignity, the respect of which is guaranteed in the Charter. For the rest, authorizing or accepting this type of evidence would have an incentive effect with respect to other applicants and would be equivalent, de facto, to imposing this type of evidence on them, "says the ruling.
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