In a recent judgement, the Court of Justice of the European Union concluded that some of the discriminatory measures against women in Afghanistan, namely forced marriage and the lack of protection against gender-based violence and domestic violence, must be classified alone as "acts of persecution" and that other measures, taken as a whole, given their cumulative effect and the fact that they are applied deliberately and systematically, constitute such acts.

According to Advocate General Bot, a serious infringement of the freedom of religion may constitute an ‘act of persecution’ where the asylum seeker runs a real risk of death, inhuman or degrading treatment, of being reduced to slavery or servitude, or of being prosecuted or imprisoned arbitrarily