Homosexuality tests are sometimes used to confirm a person’s sexuality when processing applications for asylum. For example, when an application is basing their claim on the ground that they are fleeing persecution in one of the world’s 72 countries where being gay is still illegal, some governments require tests to determine if they are telling the truth.
In a new ruling from the European Court of Justice, it has now been announced that all member states will be banned from using this method going forward. The ruling is binding across the EU and means tests will no longer be allowed as they are “an interference with that person’s right to respect for his private life”.
The ECJ added that these types of tests, which are based on the evaluation of psychologists, are “not essential” to determine if the person is being truthful. The reliability of the tests have also been questioned in recent years, and the courts have now advised that they believe they are “at best, only limited.”
“The Court states that the impact of such an expert’s report on private life is disproportionate in relation to that objective. In this respect, the Court observes in particular that such interference is particularly serious because it is intended to give an insight into the most intimate aspects of the asylum seekers life,” the court said in a statement.
The ruling follows a recent case of a Nigerian man whose asylum application was refused by the Hungarian government based on a psychologist’s report which was unable to prove his sexual orientation. The man, who has only been identified as “F”, claimed he would be sentenced to anything from 14 years in prison to death if he remained in Nigeria.
The tests used in Hungary consist of personality tests, The Rorschach test and the Szondi test as well as a psychologist’s analysis. Despite there being no contradictions in his original statements about his persecution, he was still asked to take part in his tests to prove his sexual orientation. The Hungarian government will be required to reassess his case as part of the new legislation.
This is not an isolated case. Similar decisions have been made throughout the EU in recent years, including that of three men who had their asylum cases refused in the Netherlands. The British government has also released data that shows that nearly 70% of all asylum applications it received based on the grounds of sexuality were rejected between July 2015 and March 2017.
Please follow and like us: