M.E. v. France
Article 3Article 8ViolationREF 50094/17
France · 2023 · Gender Identity

M.E. v. France

◉ Summary

The Court examined whether removal of an LGBTQ+ applicant to their country of origin would expose them to a real risk of ill-treatment contrary to Article 3 ECHR.

◉ Facts

The applicant claimed to have suffered persecution because of their identity in the country of origin, and sought international protection in France. National authorities rejected the claim and issued a removal decision.

◉ Court's Reasoning

The Court assessed country-of-origin information on anti-LGBTQ+ violence together with the applicant's individual profile, and reiterated that authorities must not expect applicants to conceal their sexual orientation or gender identity to avoid persecution.

◉ Why It Matters

Reaffirms the non-refoulement obligation of Contracting States in relation to LGBTQ+ applicants and rejects the 'discretion' requirement.

#non-refoulement#gender identity#asylum#removal
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