The newest privilege for (wannabe) gays and lesbians: they get asylum, where others don't. |
The newest judgment of the Court of Justice of the EU (CJEU) falls into that latter category. It affirms that “being homosexual” is a ground for obtaining asylum in the EU, if homosexual acts are punishable in the asylum seeker’s country of origin. The judgment is the CJEU’s reply to a preliminary question asked by the Dutch Raad van State in view of three asylum seekers from Sierra Leone, Uganda, and the Senegal who affirmed to be homosexual.
The judgment’s obvious flaw is that it fails to make a distinction between, on the one hand, feeling attracted to a person of the same sex, and, on the other hand, committing homosexual acts. While committing homosexual acts is subject to criminal prosecution as an act of gross indecency in many countries, one has never heard of any country where “being homosexual” is considered an offence. (more...)
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