The international protection: Special reference to persecution for reasons for sexual orientation

The right of asylum has been incorporated into international human rights law through the Convention on the Status of Refugees of 1951, and its Protocol of 1967. This paper analyzes the situation of recognition of this right in Spain in the constitutional time and the evolution that it has experienced in a coordinated way with the European Union. However, the main objective of analysis is the evolution of sexual orientation as a reason for protection, which is already a peaceful issue in the European Union. Now, the problem has been transferred to the evidence of persecution and, specifically, of the sexual orientation of the applicant. The different countries have tried to limit the granting of international protection on the grounds of sexual orientation through evidentiary insufficiency. The CJUE jurisprudence CJEU, based on the fact that the sexual orientation declared by the applicant is an insufficient starting point to establish it as a proven fact, is developing criteria that imply that the legislation of UE establishes elements to assess the credibility and that all kinds of evidence contrary to the rights recognized in the Charter of Fundamental Rights of the European Union are excluded.