Intervention by the AIRE Centre, ICJ, ILGA-EUROPE and ECRE in case O.S. v. Switzerland (no. 43987/16)

Jul 24, 2017 | Advocacy, Legal submissions

The AIRE Centre, ICJ, ILGA-EUROPE and ECRE have submitted a third party intervention in case O.S. v. Switzerland (no. 43987/16).

This intervention addresses the following points:

i) enforced concealment of one’s same-sex sexual orientation constitutes persecution under refugee law and is incompatible with the Convention, in particular, Article 3

ii) the criminalisation of consensual same-sex sexual conduct gives rise to a real risk of Article 3 prohibited treatment, thus triggering non-refoulement obligations under the Convention

iii) the risk of persecution based on sexual orientation in Gambia.

Universal-SexualOrientationRefugee-Advocacy-LegalSubmissions-2017-ENG (full legal submission)