EU states including the United Kingdom have been criticized for their handling of gay asylum requests. Taking into account modern human rights, the European Court of Justice (ECJ) says they must honor human dignity. These rulings apply to all EU member states. The decision is significant across the European Union as a result of a surge in numbers of sub-Saharan Africans seeking refuge in Europe this year as they had been prosecuted in their home countries. Czech authorities had previously been an erection or "phallometric" tests, a practice dating back to communist times in order to determine whether asylum seekers were in fact homosexual.
While authorities can can interview an asylum seeker to find our about their sexual orientation, they could not be questioned concerning their sexual activity. If an individual fails to sufficiently answer questions concerning their sexuality, it would not be probable cause to reject their credibility. The ECJ ruled last year that gay asylum seeker who had been prosecuted could in fact claim refugee status in response to another Dutch case.
The fact that these individuals are being protected, regardless if their privacy had been breached speaks to how far Western society has progressed from primitive homophobia. Despite this progress that should be acknowledged, areas in the world such as regions in Africa and the Middle East still primitively prosecutes homosexuals, a practice that needs to be actively phased out. The United States should adopt similar policies to those that have been adopted in the EU that take into account the rights of the LGBT community. Transgender individuals should also be allowed to seek asylum in the European Union and the United States in order to fully take into account modern human rights.
No comments:
Post a Comment