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Court: Court of Justice of the European Union

Sexual orientation is so fundamental to identity that one should not be forced to renounce it

X & Ors v Z & Ors (C-199/12 to C-201/12)

Directive 2004/83/EC supports the finding that homosexuals targeted by criminal laws must be regarded as forming a particular social group. A term of imprisonment that sanctions homosexual acts must be regarded as being a disproportionate or discriminatory punishment, and thus an act of persecution. It was unnecessary to distinguish acts that interfered with the core areas of the expression of sexual orientation from acts which do not affect those areas.