Homophobia case

Concerning A. S. vs. Denmark for violation of CEDAW.

The following case has been decided. The Committee has decided that the communication is inadmissible.

Entering Denmark on July 22 2012, the author applied for asylum. The author informed the Danish police, that she was a lesbian and she had to flee Uganda because some local people detected her sexuality. In the case of returning to Uganda, the author feared the risk of persecution since her being lesbian and her sexual orientation was revealed by some male customers in a bar. Together with other lesbian women, the author was then threatened by these individuals wanting sex from them. In case they refused, they were to be reported to the police. However when refusing having sex with these men, a struggle started in the Bar. Since then, the author has been trying to hide her sexuality since it is forbidden in Uganda.
Because of the patriarchal society and the law, the author consequently had to flee to Rwanda and from there she continued to Denmark and asked for asylum.

The author was called for an interview with the Danish police on January 2015 and was told to leave according to the Refugee Board’s Decision, and if refused she would be deported by force. Consequently the Committee was asked to provide for interim measures with regard to deportation to Uganda.

Under article 1, 2, 3 of CEDAW and General Recommendation 19 (on violence against women), and 32 (on asylum) all member states are under an obligation not to deport persons who are in risk of gender violence on return. Consequently it is argued that Denmark was in violation of CEDAW by deporting the author to Uganda, as the author has explained that she was subject to serious sexual harassment before fleeing her country of origin, and now fears new atrocities if returned.

9. January 2020

CEDAW 80/2015
  • Decision: 26 February 2018
  • Comm: Gender