(In)credible lesbian and gay asylum seekers : credibility assessment practices in sexual orientation-based asylum claims in Europe
Kosmopoulou, Olympiada (2021)
Kosmopoulou, Olympiada
2021
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Julkaisun pysyvä osoite on
https://urn.fi/URN:NBN:fi-fe2021060534266
https://urn.fi/URN:NBN:fi-fe2021060534266
Tiivistelmä
This thesis examines credibility assessment practices of sexual orientation asylum claims in Europe and their compatibility with human rights standards. The Court of Justice of the European Union (CJEU) rejected the credibility assessment practices of medical and psychiatric tests, experts’ reports, sexually explicit documentation, and intrusive questioning as contrary to human rights. The CJEU did not detail which aspects of these practices are problematic and their relapse in recent practice calls for their re-examination. Aiming to articulate which aspects of these credibility assessment practices are breaching human rights, this thesis discusses tests and experts’ reports, documentation and questioning in relation to the right to private life as well as the prohibition of degrading treatment for medical tests and examinations from a European Court of Human Rights standpoint.
In doing so, an overview of the CJEU relevant rulings will be made for each of the three areas of credibility assessment practices, followed by an analysis of the relevant right(s) drawing from the precedents of the European Court for Human Rights as well as a discussion on recent developments of each area of credibility assessment.
In doing so, an overview of the CJEU relevant rulings will be made for each of the three areas of credibility assessment practices, followed by an analysis of the relevant right(s) drawing from the precedents of the European Court for Human Rights as well as a discussion on recent developments of each area of credibility assessment.