Borrilo, Daniel, Manuela Salcedo, and Shira Havkin. “La Preuve Dans Les Demandes D’asile en Raison De L’orientation Sexuelle’.” CERSA, May 2020.
- Category: Reports
- Source: Academic
- Subject: Asylum/Refugee,Documentation status,Gay,Homophobia,Homosexuality,Law/Legistation,Lesbian,Sexual Orientation
- Place: Central Africa
- Year: 2020
- File: rapport_cersa.pdf
Translated to English: The overall objective of this study, which took place between March 2018 and March 2020, thanks to a study and research agreement between the Defender of Rights and the National Center for Scientific Research (CNRS)1, is to analyze the modalities of proof of orientation sexual asylum. Our research focuses specifically on the construction of clues. Although the term “proof” is not used in the procedure either with the OFPRA or the CNDA, we have nevertheless decided to maintain it for heuristic purposes, because it seems to us sufficiently clear to analyze the way in which put in place the clues when the applicant substantiates their claim and when the asylum officers assess them. Evidence is a key element for applicants to see their rights properly applied. Evidence is a social construct and when it is “fabricated” within the trial, it takes legal form. It is in this form that it interests us in the first place. In law, the proof appears first in the constitution of the probationary file (the allegations or the elements necessary to support the request, to use the terminology of asylum), then during its instruction with the assessment that the administrative authorities and judicial make the elements presented by the applicant. Evidence in law is not so much about bringing out the truth as it is about allowing the application of the rule of law, in this case the recognition of refugee status or subsidiary protection. We focused on sexual orientation (gay, lesbian) both because throughout our investigation we did not find any requests from transsexual, bisexual or intersex applicants and because the latter categories merit further study. starts from the fact of their specificity20. The number of asylum seekers based on sexual orientation is much greater than that based on gender identity and intersexuality.