Supreme Court, 2 December 2021, decision no. 38101/20 (Italy)

Category: Case Law
Source: National Authorities
Subject: Sexual Orientation/Sexuality, Refugee/Asylum, Migration, Human Rights, LGBT+
Place: Italy
Year: 2021
File: <a href="https://www.sogica.org/wp-content/uploads/2022/02/ordinanza-Cassazione-38101-del-2021.pdf">ordinanza-Cassazione-38101-del-2021
URL: <a href="https://www.meltingpot.org/app/uploads/2021/12/ordinanza-Cassazione-38101-del-2021.pdf">https://www.meltingpot.org/app/uploads/2021/12/ordinanza-Cassazione-38101-del-2021.pdf

According to the Supreme Court, a judge cannot evaluate the credibility of a person claiming asylum on sexual orientation grounds before assessing the general situation of “homosexuals” in their country of origin. Once this assessment is carried out, the judge can evaluate credibility without resorting to stereotypical views of sexual minorities in order to respect their human dignity as protected by the Charter.