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European Observer on fundamental right's respect

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Case Law C-148/13, C-149/13, C-150/13 (17/07/2014)

Type: Opinions of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/17/2014

Subject: According to the Advocate General, when verifying an asylum seeker’s claimed sexual orientation, Member States’ freedom of action is constrained by the Charter of Fundamental Rights. Although Member States do have the right to verify the credibility of such claims, certain verification methods such as medical and pseudo-medical examinations, intrusive questioning and requiring evidence of sexual activities are all incompatible with the Charter of Fundamental Rights.

Parties: A, B, C

Classification: Dignity - Art. 1 Human dignity - Art. 3 Physical and mental integrity - Art. 4 Inhuman treatments - Freedoms - Art. 7 Privacy - Art. 18 Right to asylum - Equality - Art. 21 Non discrimination

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