|Campaign Update, January 2021 - March 2021|
|Background Note on Gender Equality, Nationality Laws and Statelessness 2021|
|Campaign Update, October 2020 - December 2020|
CASE OF RANA v. HUNGARY (Application no. 40888/17)
The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country. The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not have a birth certificate from Hungary, a change in the birth register being the way name and gender changes were legally recognised. The Court concluded that a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life owing to the refusal to give him access to the legal gender recognition procedure.
16 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Birth Certificates - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life | Countries: Hungary - Iran, Islamic Republic of
|Background Note on Gender Equality, Nationality Laws and Statelessness 2020|
AFFAIRE N.H. ET AUTRES c. FRANCE
(Requête no 28820/13 et 2 autres)
The French authorities had failed in their duties under domestic law. They were found responsible for the conditions in which the applicants had been living for several months: sleeping rough, without access to sanitary facilities, having no means of subsistence and constantly in fear of being attacked or robbed. The applicants had thus been victims of degrading treatment, showing a lack of respect for their dignity. The Court found that such living conditions, combined with the lack of an appropriate response from the French authorities and the fact that the domestic courts had systematically objected that the competent bodies lacked resources in the light of their status as single young men, had exceeded the threshold of severity for the purposes of Article 3 of the Convention. The three applicants N.H., K.T. and A.J. had thus found themselves, through the fault of the French authorities, in a situation that was incompatible with Article 3 of the Convention.
2 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - France - Georgia - Iran, Islamic Republic of - Russian Federation
AFFAIRE M.R. c. SUISSE (Requête no 6040/17)
no violation of article 2 or 3 ECHR
16 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Rejected asylum-seekers | Countries: Iran, Islamic Republic of - Switzerland
PS (Christianity - risk) Iran CG  UKUT 00046 (IAC)
1. This country guidance applies to protection claims from Iranians who claim to have converted from Islam to Christianity. 2. Insofar as they relate to non-ethnic Christians, this decision replaces the country guidance decisions in FS and Others (Iran – Christian Converts) Iran CG  UKIAT 00303 and SZ and JM (Christians – FS confirmed) Iran CG  UKAIT 00082 which are no longer to be followed.
20 February 2020 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Christian - Freedom from torture, inhuman and degrading treatment - Religious persecution (including forced conversion) - Returnees | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland
The Federal Administrative Court (FAC) failed to provide the necessary justification for a finding about the supposed availability of an IFA in Mazar-e Sharif, despite the EASO Country-Guidance on Afghanistan (2018) and respective findings regarding the situation of Afghans who were born in Iran and/or who lived there for a long time.
12 December 2019 | Judicial Body: Austria: Constitutional Court of Austria (Verfassungsgerichtshof) | Document type: Case Law | Topic(s): Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Afghanistan - Austria - Iran, Islamic Republic of
|Background Note on Gender Equality, Nationality Laws and Statelessness 2019|