Jurisprudence at national and EU level increasingly acknowledges persecution on account of gender, according to EUAA

A recent report published by the European Union Agency for Asylum (EUAA), which analyses case law from 2020-2024, highlights that EU-level and national court decisions are guiding national practices to shift to a more gender-sensitive approach in international protection.

In a report entitled "Jurisprudence related to gender-based violence against women", the EUAA stresses that there has been a significant legal shift in recognising and protecting women fleeing violence and systematic discrimination over the last five years.

According to the report, European courts have established case law recognising gender-based persecution and identifying the risk profiles of women who may qualify as members of a "particular social group" under the recast Qualification Directive. These risk profiles include women fleeing forced marriage, divorced women victims of sexual violence, women accused of witchcraft, women who have had an illegal abortion and those fleeing female genital mutilation/cutting. 

The report shows that national courts in Finland, Greece, Ireland, the Netherlands and Portugal also overturned decisions of asylum authorities when they failed to assess the need for special procedural guarantees that aim to ensure that women can effectively participate in the procedure for international protection.

For further information, please read the press release from the EUAA and for further details read the report attached below.

Publication Date:
Geography:
Keywords:
Main theme:
Commissioner:
News type: