- Title: EU court bars "gay test" for asylum seekers
- Date: 25th January 2018
- Summary: LUXEMBOURG, LUXEMBOURG (FILE - JANUARY 26, 2017) (REUTERS) FLAGS OF EU MEMBER STATES IN ECJ HALL EU FLAG AND SIGN, READING (French): "Court of Justice of the European Union" BUDAPEST, HUNGARY (FILE - SEPTEMBER 26, 2017) (REUTERS) FORMER ROYAL PALACE ON HILLTOP BOAT, FORMER ROYAL PALACE AND DANUBE RIVER BUDAPEST, HUNGARY (FILE - SEPTEMBER 1, 2015) (REUTERS) MIGRANTS SITTING ON GROUND IN MAKESHIFT CAMP OUTSIDE TRAIN STATION BUILDING MAN SLEEPING ON GROUND, GROUP OF MIGRANTS PACKING UP TENT IN BACKGROUND WOMAN SLEEPING ON GROUND WOMAN COVERING HERSELF WITH BLANKET AND GOING TO SLEEP
- Embargoed: 8th February 2018 11:01
- Keywords: Hungary Europe Budapest Court Homosexuality ECJ Refugees Migration Test Migrants Bevandorlasi es Allampolgarsagi Hivatal Psychological test Gay
- Location: LUXEMBOURG, LUXEMBOURG AND BUDAPEST, HUNGARY
- City: LUXEMBOURG, LUXEMBOURG AND BUDAPEST, HUNGARY
- Country: Luxembourg
- Topics: European Union,Government/Politics
- Reuters ID: LVA0037ZM1GLJ
- Aspect Ratio: 16:9
- Story Text: The European Court of justice (ECJ) ruled on Thursday (January 25) that Hungarian immigration officials should not have put a Nigerian asylum seeker through psychological tests to determine whether he was telling the truth that he was gay.
Effectively barring use of sexual orientation testing as an invasion of "the most intimate aspects" of life, the EU's top Court found that the unidentified man from Nigeria should not have been pressured into examinations that included drawing a picture of a person in the rain and the Rorschach ink-blot test.
The unnamed man filed a request for refugee status in the Hungarian city of Szeged in April 2015. At the time Hungary was starting to face a surge in illegal migrants from Africa and the Middle East crossing the EU border from Serbia.
The man based his claim on the fact that, as a homosexual, he faced persecution in his home country.
On the basis of the tests, the Hungarian state-appointed psychologist concluded that the Nigerian man was not homosexual and his claim was rejected, prompting an appeal.
In responding to the Hungarian court which referred the case, the ECJ said it was acceptable to seek expert opinion but this must be obtained in ways consistent with human rights and should not be the sole basis of a ruling.
- Copyright Holder: FILE REUTERS (CAN SELL)
- Copyright Notice: (c) Copyright Thomson Reuters 2018. Open For Restrictions - http://about.reuters.com/fulllegal.asp
- Usage Terms/Restrictions: None