Viviani and Venturi, ‘B. and C. v Switzerland’, 2021
- Category: Literature
- Source: Academic
- Subject: Sexual Orientation/Sexuality, Refugee/Asylum, Human Rights
- Place: International, Europe
- Year: 2021
- File: B. and C. v Switzerland - between concealment of sexual orientation and risk assessment in Article 3 cases
- URL: https://strasbourgobservers.com/2021/01/15/b-and-c-v-switzerland-between-concealment-of-sexual-orientation-and-risk-assessment-in-article-3-cases/
Riccardo Viviani and Denise Venturi, ‘B. and C. v Switzerland: between concealment of sexual orientation and risk assessment in Article 3 cases’, Strasbourg Observers, 15 January 2021
Abstract
On 17 November 2020, the European Court of Human Rights (ECtHR) delivered its judgment in B. and C. v Switzerland. The case concerned the risk of deportation and ill-treatment upon return to the Gambia of a homosexual applicant**, whose request for family reunification with his partner, a Swiss national, had been rejected. The Court unanimously found a violation of Article 3 of the Convention, following the inadequate evaluation of the risk of inhuman and degrading treatment and of relevant availability of State protection in the Gambia.