Wednesday, 11 September 2013

M.K.N. v Sweden

Aside from my posts on 28th June and 22nd July, and Dr. Loveday Hodson's guest post on 26th July, there appears to have been no further discussion of the European Court of Human Right's decision in M.K.N. v Sweden

In its judgment the Court dismissed the applicant's complaint that his deportation from Sweden to Iraq would put him at risk of being subject to treatment in violation of Article 3 of the European Convention on Human Rights. The applicant, a married man with a wife and two children, claimed that one of the reasons that he was at risk of treatment that would violate his Article 3 rights was because of potential persecution in light of a previous homosexual relationship.

The European Commission on Sexual Orientation Law now include the judgment in their list of sexual orientation judgments issued by the Court - and, as I did, they characterise the substantive issue in this case as 'how to prove homosexuality'.

Furthermore, the Netherlands Institute of Human Rights have provided a factual discussion of the group of similar facts cases to which M.K.N. v Sweden belongs. This is interesting insofar as it gives broader context to the specific issues raised about homosexuality by the applicant.

I hope that further discussion of this case is forthcoming in the future.  

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