EU Court outlaws ‘gay tests’ for asylum seekers

 

In a ruling on Tuesday, the European Court of Justice stated that the applicants’ rights to human dignity and respect for private life should not be breached by authorities. The ruling, which is binding for the EU countries, outlaws “gay tests” for those seeking asylum on the basis of their sexual orientation.

 

 

Kaos GL Association’s attorney Hayriye Kara welcomes the ruling as a “guideline” on how to treat gay asylum seekers:

 

“The ruling states that the assessment upon the asylum application should comply with EU law and rights to human dignity and respect for life signified in the Charter of Fundamental Rights. Similarly, it exemplifies what cannot be done during the assessment.”

  

 

Kara explains what procedures are banned by the ruling:

 

“The ruling stresses that the assessment of applicants should be done individually; without requiring the applicant to produce images or videos as a proof; that it should not be based on stereotypes or knowledge of LGBT organizations and that it should not draw negative credibility if the applicant does not declare their sexual orientation at the outset of their asylum application.”

 

Kaos GL attorney underlines that there are two parallel processes regarding the assessment of asylum applications in Turkey:

 

“The applications are assessed by both United Nations High Commissioner for Refugees (UNHCR) and Ministry of Interior’s General Directorate of Migration Administration (GIGM). Although the new law makes GİGM responsible but in practice the interviews are still made by Foreigners’ Department of General Directorate of Security Affairs.”

 

 

Praising UNHCR for having a guideline for the assessment of LGBT applications, Kara points to the fact that this is not the case for GIGM and Foreigners’ Department.

 

So, what kind of violations LGBT asylum seekers and refugees face in Turkey?

 

“LGBT asylum seekers and refugees tell us that they are asked questions violating their privacy and exposed to humiliation, especially by Foreigners’ Department. Considering the current social structure, in order for an applicant to talk about their sexual orientation and gender identity, they should be provided with appropriate and safe space.”