A Monitoring Guide
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sexual orientation or gender identity are properly considered during the
refugee status determination process. The measures include:
Creating an open and reassuring environment for the interview and
ensuring that the claim will be treated in confidence (interpreters
must also be bound by confidentiality);
Ensuring that decision-makers maintain an objective approach and
do not reach conclusions based on stereotypes;
Avoiding (both interviewers and interpreters) expressing any judgement about the applicant’s sexual orientation or gender identity
(highlighting the need for specialized training);
Ensuring the use of vocabulary that is non-offensive;
Taking into consideration specific requests made by applicants in relation to the gender of both the interviewers and the interpreters;
Demonstrating sensitivity when questioning about incidents of
sexual violence;
The guidelines also stress that the applicant’s testimony is the primary
source of evidence and call for banning requests for applicants to bring
documentary evidence of intimate acts. They also caution against expecting couples to be physically demonstrative and against resorting to medical “testing” of applicants’ sexual orientation. Although the guidelines
have been primarily developed for policy-makers and governments,
they also contain useful provisions and advice for monitoring bodies.
Case law (1)
Court of Justice of the European Union, A, B, C v.
Staatssecretarisvan Veiligheid en Justitie, 2014
The Court of Justice of the European Union ruled in 2014 that persons
seeking asylum on the basis of their sexual orientation must not be subjected to tests or interrogations in order to “prove” their homosexuality. The judgement arose from a Dutch request for a preliminary ruling,
following the rejection of three asylum claims by Dutch authorities, on
Chapter V
Taking additional safeguards when interviewing women and children.
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