The European Court of Justice has granted women survivors of gender-based violence the right to protection in the EU. The court’s decision recognises that women outside the European Union who face danger, including “honour killings”, can apply for refugee status.
The European Court of Justice has granted women survivors of gender-based violence the right to protection in the EU. The court’s decision recognises that women outside the European Union who face danger, including “honour killings”, can apply for refugee status.
The Luxembourg court ruling confirms that women who are victims of “physical or psychological violence, including sexual and domestic violence” because of their gender can seek protection. The ruling also recognised that gender-based violence is considered a form of persecution.
How did the case arise?
The case arose after a Kurdish woman from Turkey applied for international protection, claiming that she had been forced into a marriage and then became a victim of violence by her husband. The Court of Justice of the European Union determined that the absence of conditions for granting refugee status does not exempt a woman from the right to complementary protection, especially if there is a threat of violence or mortal danger.
The European Court of Justice has ruled that gender-based violence against women is a form of persecution and that refugee status in the EU can be applied to women because they may be persecuted because of their “membership of a particular social group”.
By recognizing gender-based violence as a form of persecution, the CJEU has affirmed that this form of violence is not merely a private matter but a serious human rights violation that can warrant international protection. This ruling is particularly significant as it stems from the Istanbul Convention, a binding legal instrument that requires EU member states to take concrete measures to prevent and combat gender-based violence.