Maria Ferrara

The European Court of Justice and the 'Strange Case' of the Yogyakarta Principles

  • Abstract

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Keywords: International Protection; Sexual Orientation; Psychological Test; Respect for Private and Family Life; Yogyakarta Principles; Soft Law.

The article analyses the European Court of Justice's judgement "F c. Bevándorlási és Állampol-gársági Hivatal", of the 25 January 2018, concerning the legality of the preparation and use of a psychologist's expert report, in order to assess the veracity of a claim made by an applicant for international protection concerning his sexual orientation. After the exam of the merit of the judgement, a focus is laid upon the Court of Justice's reference to the so-called Yogyakarta Principles, within the proportionality test. In particular, is explored the question of the possible categorization of the mentioned principles as soft law and the issue of the technical-juridical value of the reference to them in the European Court of Justice's jurisprudence.

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