A.S. v. Denmark

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A.S., a Uganda national, applied for asylum in Denmark. She claimed she was wanted in Uganda and at risk of being killed there because she was a lesbian. She was forced to marry a man and have three children, and when he died, she made a living working in a bar frequented by lesbians. Three men made advances to her in the bar, she turned them down, and they became aggressive. Her home was ransacked and burned, her belongings were stolen, and the police looked for her, including at her mother’s house. She left Rwanda traveling with a visa obtained in Kampala. Danish authorities rejected the asylum application, noting the visa contained the wrong name. A.S. filed a complaint with CEDAW claiming that, deportation to Uganda would violate her rights under articles 1-3 of the Convention because her life would be in danger at the hands of the police and ordinary people due to her sexual orientation. She claimed that her case was not properly investigated by the Refugee Appeals Board. The Committee noted that the Danish authorities found A.S.’ account lacked credibility due to factual inconsistencies and lack of support related to her claim to be a lesbian and her account of the bar incident. The Committee also noted that the authorities considered the situation of gay people in Uganda, and found that, notwithstanding the fact homosexuality is prohibited under the Penal Code, the ban has not been enforced and gay people are not targeted. The Committee deemed the communication inadmissible under article 4 (2)(c) concluding that A.S. failed to support that the lack of reference to the Convention in the asylum decision or the refusal to call a witness stemmed from any gender-based discrimination. It also did not find any procedural defect or arbitrariness in the decision-making process or any breach of the Convention as a result of the initial error related to A.S.’ name.



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