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M.B. v Spain

15.01.2016

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Asylum

(Application No. 35949/11), 15 January 2016

Find Court’s communication here in French.

Find Court’s decision here in French. (inadmissible – Premature application)

M. B. v. SpainDownload

The case concerns a lesbian Cameroonian asylum seeker threatened with expulsion from Spain to Cameroon.
ILGA-Europe together with FIDH, APDHE, ECSOL and UKLGIG submitted the following:
- There is a strong consensus in European and other democratic societies supporting asylum claims by LGBTI persons.
- According to European and international human rights law standards, an LGBTI person cannot be expected to conceal their sexual orientation or gender identity in their country of origin to reduce the risk of treatment violating Article 2 or 3.
- In Cameroon, the criminal law prohibits all same-sex sexual activity, and it is enforced. Apart from any risk of violence, the Court should consider a real risk of imprisonment for private, consensual, adult, same-sex sexual activity (as in Cameroon) as a real risk of inhuman or degrading treatment violating Article 3.

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