The 2014 case of A, B and C v Straatssectaris van Veilgheid en Justitie was referred to the CJEU by the Netherlands after each of the three applicants’ claim for asylum had been rejected for not being credible. While the situation today is far from perfect, two cases of the Court of Justice of the European Union (CJEU) show how in the past unscientific, and human rights infringing medicalised tests have been used when assessing the sexuality of gay asylum seekers. However, as this blog has previously discussed, ‘proving’ whether a person is LGBTI, and therefore if their asylum claim is credible, is an almost impossible task. When this discrimination leads to individuals being persecuted because of their sexuality or gender identity, the victims are entitled to asylum under EU law. Homosexuality is illegal in at least 69 countries and discrimination against LGBTI persons is globally rampant.
