Intervention Submission in ECtHR E.S. v. Spain, (no. 13273/16), by the AIRE Centre, ECRE, HDT, ICJ and ILGA

Monday, January 16, 2017

An intervention has been submitted to the ECtHR in E.S. v. Spain by the AIRE Centre, ECRE, Human Dignity Trust, the International Commission for Jurists and the International Lesbian and Gay Association. The case relates to the potential for refoulement with respect to a Senegalese gay man. In Senegal, homosexuality is criminalised and there are widespread reports of ill-treatment.
The Intervention focuses on three areas:

  1. Enforced concealment of one’s same-sex sexual orientation constitutes persecution under refugee law and is incompatible with the Convention, in particular, Article 3;
  2. The criminalization of consensual same-sex  sexual  conduct  gives  rise  to  a  real  risk  of  Article  3  prohibited  treatment,  thus  triggering non-refoulement obligations under that provision of the Convention; and
  3. The risk of persecution based on sexual orientation in Senegal.

Please click here for a longer summary and a copy of the intervention.

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Persecution (acts of)
Persecution Grounds/Reasons
Sexual orientation