Europe will grant political asylum to homosexuals and lesbians

Europe will accept all the representatives of LGBT if they are threatened with incarceration for their sexual orientation. According to the information published at the official website of European court in Luxemburg, it has ruled that homosexuality could be regarded as sufficient grounds for applying for political asylum if a representative of a sexual minority was in danger of incarceration due to his sexual orientation in his motherland.

The panel of judges bases its evidence for equalizing political and «sexual» asylum on the clause of European Council directive from April 29, 2004 and the Convention on the Status of Refugees. According to the provisions of the Convention, a person, who fears persecution on the grounds of race, religion, nationality or political convictions and does not want to use protection in his motherland, can have a claim on a refugee status.

The opinion of the European court is that a person cannot and must not abandon his sexual orientation, since it is very important for development of his personality. At the same time, it is possible to apply for political asylum due to sexual motives only in the case when an applicant supplies solid facts that prove the threat to his rights and freedoms, i.e. if he proves that he is in danger of a prison sentence.

The methods of evaluating the authenticity of declared sexual orientation are yet to be defined in Europe. It is not clear how the national authorities responsible for the issues of granting the asylum to homosexuals will verify that the applicant is indeed gay or lesbian.

Дмитрий Майдан


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