The Istanbul Convention has a major impact on international protection for women who are victims of violence.
In the Women who are Victims of Domestic Violence case (Case C-621/21) the ECJ breaks new ground for the protection needs of persons fleeing gender-based violence.
Here are the highlights of the ruling:
The CEDAW and the Istanbul Convention constitute ‘relevant treaties’ for the purposes of Article 78(1) TFEU : therefore the Qualification Directive has to be interpreted in conformity with the international obligations to eliminate discrimination and to combat gender-based violence against women set out in these two conventions. It leads to a gender-sensitive interpretation of EU refugee law.
Women, as a whole, may qualify as a particular social group for the purposes of refugee protection.
ECJ recognized that gender-based violence against women is often committed by non-state actors and sets out protective rules for asylum seekers: a link between acts and reasons of persecution may be said to exist whenever the absence of state protection was motivated by one of the reasons for persecution. Therefore women have not to demonstrate that the violence committed against them by members of their family or community was motivated by one of the reasons for persecution and they need only refer to the negligence or inaction of state organs.
The protection of women under European asylum law has been strengthened by this ruling. A new episode is expected shortly, specifically for Afghan women fleeing the Taliban (joined cases C-608/22 and C-609/22), but also for Iraqi women with regard to respect for the principle of gender equality (case C-646/21).
For an analysis in French, See Fabienne Jault-Seseke, in Actualité juridique Famille 2024, p. 169 and Thibault Fleury-Graff in The Conversation.
Fabienne Jault-Seseke is Full Professor of Private Law at the University of Versailles Saint Quentin and is the head of the Research Unit of the same University, Partner of the FAMIMOVE Project.
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