Written Submissions on behalf of the International Commission of Jurists (ICJ) in M.B. v. Spain Application no. 15109/15

The ICJ has lodged written submissions to the ECtHR in the case of M.B. v. Spain, which relates to the attempted removal of a lesbian asylum applicant to Cameroon.

The ICJ argues that requiring coerced concealment of sexual orientation or identity in order to purportedly mitigate the risk of Article 3 harm upon removal is incompatible with the ECHR and would constitute arbitrary refoulement. With regard to criminalisation of consensual same-sex conduct, it argues that the existence of such laws show dispositive evidence a real risk of treatment contrary to Article 3, including in countries where they have not recently been enforced; or in the alternative raises a strong presumption of such risk which should place the burden on the State to rebut this.  

Resource category: 
International Commission of Jurists
Assessment of facts and circumstances
Previous persecution,
Inhuman or degrading treatment or punishment,
Persecution (acts of),
Sexual orientation,
Resource date: