Refugee Claims Based on Persecution Due to Sexual Orientation before the Court of Justice of the European Union (original) (raw)

How can the European Union protect lesbians, gays, and bisexuals who face the fear of persecution in their country of origin? That is the question answered by the Court of Justice of the European Union. In its landmark judgment, the court opened the gates of Fortress-Europe to homosexual asylum seekers, but at the same time ensured that these gates are not wide open. Balancing between the need to protect the fundamental rights of LGBT persons and to prevent a massive influx of applicants, the court followed a restrictive interpretation of the Directive 2004/83/ EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees. This chapter presents the judgment and posits the partial incompatibility of the interpretation followed with the protection of fundamental rights.