The Persecution of Religious and LGBTI Minorities and Asylum Law: Recent Trends in the Adjudication of European Supranational Courts

Abstract:

Over the past few years, the rise of restrictions on religious freedom, and the denial of fundamental rights to Lesbian, Gay, Bisexual, Trans and Intersex people (LGBTI) minorities in many parts of the world have resulted in an increased number of the asylum requests in many European countries. This article compares and contrasts the approaches of the European Court of Human Rights and the Court of Justice of the European Union, highlighting common approaches and divergences. Part I serves as an introduction to the topic. Part II discusses recent developments in the case law concerning the persecution of religious minorities. Part III discusses recent developments concerning the persecution of LGBTI communities. Part IV highlights the common trends, key notions and legal uncertainties of the two sets of decisions. Finally, Part V offers some concluding remarks.