Blog 9: Top EU court ruling backs gay African asylum bids
The top EU court ruled that
homosexuals from Sierra Leone, Uganda and Senegal have grounds for asylum in EU
member states if they fear imprisonment in their home country. The Netherlands
asked the court for advice on three gay citizens of those countries seeking
asylum. The European Court of Justice (ECJ) said asylum can be granted in cases
where people are actually jailed for homosexuality in their home country. This
ruling applied to all of the EU members.
In most African countries, including key Western allies such as Uganda, Nigeria,
Kenya, and Botswana homosexual acts are illegal. The ECJ ruling was a response
to the Dutch Council of State, in which had asked if homosexuals could be
considered a “particular social group” and whether criminalization and possible
imprisonment amounted to persecution. According to the ECJ, which is based in
Luxembourg, the laws specifically targeting homosexuals do make them a separate
group. Unfortunately it is up to the national authorities-as in the case of the
Netherlands- to determine “whether, in the applicant’s country of the origin,
the term of imprisonment… is applied in practice.” The ECJ also says that the
just because the existence of a ban on homosexuality is not grounds in itself
for approving an asylum request. Under international law a particular social
group with a well-founded fear of persecution can claim refugee status if the
persecution amounts to a severe violation of human rights.
This
article shows just how far we haven’t come for homosexuals. While in some
countries like the United States, which has a more openness to homosexuality. In
other countries they are not so open to the idea of homosexuals. One would
think that we would be far past this separation of certain people just because of
something that is different than others. These people have a human right to like
and be with whomever they chose. This law is a violation of human rights in the
fact that they can be put in jail just for being homosexual. In a world were we
have evolved over the years, we might think that we wouldn’t punish people for
being something that they are. Around the world there are more than 76
countries in which homosexuality is illegal. (76crimes.com) Most of these
countries are in Africa. By this time and age one would start to think that we
would be past this, and able to accept people no matter what they are or how
they think or feel.
http://www.bbc.co.uk/news/world-europe-24848887
Erasing 76 Crimes: http://76crimes.com/76-countries-where-homosexuality-is-illegal/
Lindsay Gebbia
11/08/13
12:05
No comments:
Post a Comment