On 11 June 2024, the Court of Justice of the European Union issued its judgment in the case C‑646/21. The case concerns two sisters of Iraqi nationality, born in 2003 and 2005, who have been staying in the Netherlands continuously since 2015. After their initial applications for international protection were rejected, they submitted subsequent applications. In support of those applications, they stated that, due to their long stay in the Netherlands, they have adopted the norms, values and conduct of young people of their age in that society. They claimed that, if they returned to Iraq, they would be unable to conform to the norms of a society which does not afford women and girls the same rights as men and fear being exposed to a risk of persecution due to the identity that they have formed in the Netherlands. Those subsequent applications were also rejected by the Dutch authorities and the young women brought proceedings before the Netherlands court which decided to refer to the Court of Justice a question on the interpretation of Directive 2011/95.

In its judgment, the Court held that Article 10(1)(d) and (2) of Directive 2011/95/EU must be interpreted as meaning that depending on the circumstances in the country of origin, women who are nationals of that country, including minors, who share as a common characteristic the fact that they genuinely come to identify with the fundamental value of equality between women and men during their stay in a Member State may be regarded as belonging to ‘a particular social group’, constituting a ‘reason for persecution’ capable of leading to the recognition of refugee status.

For further details please read the press release from the Court of Justice of the EU and the judgement of the Court in the case C‑646/21.