Europe's highest court has ruled that gay asylum seekers will no longer have to undergo "tests" or intimate questioning in order to prove their sexuality.
The European Court of Justice, which overseas asylum policy for all EU member states, said officials will not be allowed to interrogate LGBT applicants about their sexual activity as it undermines the applicant's dignity and right to privacy, and thus contravenes European law.
Authorities will also not be allowed to request video or photographic evidence as "proof" of homosexuality.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Over the last year, there has been a significant increase in the number of African refugees claiming asylum in the EU, as most African countries still regard homosexuality as a crime, the BBC reports.
Several EU states, as well as the UK, have been repeatedly criticised for their handling of such cases. "What's happened with European authorities is that there's been far too much of a fixation in relation to sex and conduct rather than analysis of identity outside the bedroom," Neil Grungras, the founder of the Organization for Refuge, Asylum & Migration (ORAM) told Deutche Well.
He argues that asylum officials need to "ask the right questions" and do so "tentatively" so as not to further traumatise applicants.
In the Czech Republic, immigration officials have been condemned by UN, EU and human rights activists for conducting "sexual arousal tests" to determine the sexuality of asylum seekers. Applicants were shown heterosexual pornography and if they displayed signs of arousal, they were denied asylum, the BBC reports.
Home Office officials in the UK have also been criticised for their use of "intrusive and abusive" techniques to establish an applicant's sexuality, often conducted without the presence of a lawyer. Earlier this year, leaked documents revealed the "shockingly degrading" questions asked by Home Office officials, including "What is it about men's backsides that attracts you?" and "When x was penetrating you, did you have an erection?", The Guardian reports.
The revelation sparked widespread condemnation, with gay rights organisation Stonewall saying it was evidence of "systematic homophobia" in the UK's asylum system.
-
Can anyone save Jimmy Lai?Today's Big Question 'Britain's shameful inaction' will mean it's partly 'responsible' if Hong Kong businessman dies in prison
-
The most notable records broken by Taylor SwiftIn Depth The pop star has cemented herself as one of the century's most popular artists
-
Gripping political thrillers to stream nowThe Week Recommends From power struggles to deadly conspiracies, these addictive shows are nail-bitingly tense
-
China is silently expanding its influence in American citiesUnder the Radar New York City and San Francisco, among others, have reportedly been targeted
-
How China uses 'dark fleets' to circumvent trade sanctionsThe Explainer The fleets are used to smuggle goods like oil and fish
-
One year after mass protests, why are Kenyans taking to the streets again?today's big question More than 60 protesters died during demonstrations in 2024
-
What happens if tensions between India and Pakistan boil over?TODAY'S BIG QUESTION As the two nuclear-armed neighbors rattle their sabers in the wake of a terrorist attack on the contested Kashmir region, experts worry that the worst might be yet to come
-
Why Russia removed the Taliban's terrorist designationThe Explainer Russia had designated the Taliban as a terrorist group over 20 years ago
-
Inside the Israel-Turkey geopolitical dance across SyriaTHE EXPLAINER As Syria struggles in the wake of the Assad regime's collapse, its neighbors are carefully coordinating to avoid potential military confrontations
-
'Like a sound from hell': Serbia and sonic weaponsThe Explainer Half a million people sign petition alleging Serbian police used an illegal 'sound cannon' to disrupt anti-government protests
-
The arrest of the Philippines' former president leaves the country's drug war in disarrayIn the Spotlight Rodrigo Duterte was arrested by the ICC earlier this month
