Title CASE OF B AND C v. SWITZERLAND (Applications nos. 889/19 and 43987/16)
Publisher Council of Europe: European Court of Human Rights
Publication Date 17 November 2020
Country Switzerland | Gambia
Topics Expulsion | Freedom from torture, inhuman and degrading treatment | Lesbian, gay, bisexual, transgender and intersex (LGBTI)
Citation / Document Symbol ECLI:CE:ECHR:2020:1117JUD000088919
Other Languages / Attachments Legal Summary | Press release ECtHR
Cite as CASE OF B AND C v. SWITZERLAND (Applications nos. 889/19 and 43987/16), ECLI:CE:ECHR:2020:1117JUD000088919 , Council of Europe: European Court of Human Rights, 17 November 2020, available at: https://www.refworld.org/cases,ECHR,5fb4dd1b4.html [accessed 17 May 2023]
Comments The Court considered that criminalisation of homosexual acts was not sufficient to render return contrary to the Convention. The Court found, however, that the Swiss authorities had failed to adequately assess the risk of ill-treatment for the first applicant as a homosexual person in the Gambia and the availability of State protection against ill-treatment from non-State actors. Several independent authorities noted that the Gambian authorities were unwilling to provide protection for LGBTI people.
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