ECtHR, B and C v. Switzerland, 2020

Category: Case Law
Source: Council of Europe
Subject: Sexual Orientation/Sexuality, Refugee/Asylum, Human Rights
Place: Europe
Year: 2020
File: <a href="https://www.sogica.org/wp-content/uploads/2020/11/CASE-OF-B-AND-C-v.-SWITZERLAND.pdf">CASE OF B AND C v. SWITZERLAND
URL: http://hudoc.echr.coe.int/eng?i=001-206153

European Court of Human Rights (ECtHR) (Third Section), B and C v. Switzerland (Applications nos. 889/19 and 43987/16), 17 November 2020

Art 3 • Expulsion • Insufficient assessment of risk of and availability of State protection against ill-treatment on grounds of sexual orientation by non-State actors in Gambia • Applicant’s homosexuality might be discovered by Gambian authorities or population if removed there • Risk of persecution in the form of individual acts by “rogue” officers and of ill-treatment from non-State actors • Gambian authorities’ general unwillingness to provide protection to LGBTI persons • Deportation without a fresh assessment of these aspects would constitute a violation