Order of the Court of Cassation, VI Civil Section, No. 15981 of 20 September 2012

The criminal offence of homosexual acts, provided in the Senegalese Penal Code, constitutes a severe infringement upon the private life of Senegalese citizens which jeopardizes the right to a free sexual and emotional life and violates a fundamental right enshrined in the Italian Constitution, in the European Convention on Human Rights, and in the Charter of Fundamental Rights of the EU. Consequently, homosexual people are in a condition of undeniable persecution which legitimizes the granting of the refugee status.