London, 16 December 2014

On 2 December 2014, the Court of Justice of the European Union issued a preliminary ruling in the joined cases A, B, C v Staatssecretaris van Veiligheid en Justitie, providing guidance on the application of Article 4 of Directive 2004/83 in claims for asylum based on the sexual orientation of the applicants. The Court stated that Article 4 of the Directive, which sets out the conditions for the assessment of facts relating to an asylum claim, must be interpreted in compliance with the applicants’ rights to respect for human dignity and respect for family and private life (Articles 1 and 7 respectively of the Charter of Fundamental Rights of the European Union). Accordingly, the Court ruled, Article 4 precluded methods of assessment which are based only on stereotyped notions associated with homosexuals or include detailed questioning related to the sexual practices of the individual. The Court’s decision is to be welcomed, although the Equal Rights Trust is disappointed that the Court did not preclude all reliance on stereotypes in the assessment of asylum applications based on sexual orientation.

On Wednesday 10 December, Human Rights Day, the Equal Rights Trust launched Economic and Social Rights in the Courtroom: A Litigator's Guide to Using Equality and Non-Discrimination Strategies to Advance Economic and Social Rights, at Matrix Chambers in London with Sir Bob Hepple QC.  

On 7 November 2014, the Court of Appeal of Malaysia in Khamis and Ors v State Government of Negeri Sembilan and Ors held that a law prohibiting Muslim men from cross-dressing was unconstitutional and therefore void. The Equal Rights Trust, noting the importance of the case, prepared a legal brief for the Appellants’ counsel outlining the right to be free from discrimination on grounds of gender identity.

On 5 November 2014, the Committee on the Elimination of Discrimination Against Women issued General Recommendation No. 32 on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women. The Recommendation highlights the significant impact of gender discrimination on women and girls, recognising that it can create a cycle of statelessness and lead women to flee their own countries to seek asylum.