Sunday, 18 September 2016

E.S. v Spain - communicated case concerning deportation of gay Senegalese national

The European Court of Human Rights has communicated the case of E.S. v Spain. The case concerns the deportation of a gay Senegalese national from Spain to his country of origin and raises the question of whether, in light of his sexual orientation, this would would expose him to a real risk of being subjected to treatment contrary to Article 2 (right to life) and Article 3 (prohibition of torture) of the European Convention on Human Rights.

Same-sex sexual activity is a criminal offence in Senegal. The Court recently rejected an application in a similar facts case concerning Senegal in A.N. v France.

The Court has never held that the deportation of a gay person to a country of origin, outside the Council of Europe, that criminalises same-sex sexual activity amounts to a violation of any aspect of the Convention. For a summary of recent jurisprudence in this area, see here.

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