Violence against women: the Court clarifies the conditions for qualifying for international protection

Women, as a whole, may be regarded as belonging to a social group, within the meaning of Directive 2011/95, and qualify for refugee status if the conditions laid down by that directive are satisfied. This will be the case where, in their country of origin, they are exposed, on account of their gender, to physical or mental violence, including sexual violence and domestic violence. If the conditions for granting refugee status are not satisfied, they may qualify for subsidiary protection status, in particular where they run a real risk of being killed or subjected to violence.

A Turkish national, who is of Kurdish origin, a Muslim and divorced and who claims that she was forced to marry by her family and was beaten and threatened by her husband, feared for her life if she had to return to Türkiye and lodged an application for international protection in Bulgaria.

The Bulgarian court hearing the case decided to refer questions to the Court of Justice.

The Directive on international protection 1 lays down the conditions for granting refugee status on the one hand and subsidiary protection to third-country nationals on the other. Refugee status is established for cases of persecution of third-country nationals on grounds of race, religion, nationality, membership of a particular social group or political opinion. Subsidiary protection, on the other hand, is provided for in the case of a third country national who does not qualify as a refugee, but in respect of whom there are substantial grounds for believing that, if returned to his or her country of origin, he or she would face a real risk of suffering serious harm, including, in particular, execution and inhuman or degrading treatment.

Directive 2011/95 lays down the conditions for granting refugee status and subsidiary protection status to thirdcountry nationals. Refugee status is to be granted in cases where a third-country national is persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. Subsidiary protection is to be granted to a third-country national who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that that person, if returned to his or her country of origin, would face a real risk of suffering serious harm, which includes, inter alia, execution and inhuman or degrading treatment.

The Court finds that the Directive must be interpreted consistently with the Istanbul Convention, which is binding on the European Union and recognises gender-based violence against women as a form of persecution. Furthermore, the Court states that women, as a whole, may be regarded as belonging to a social group within the meaning of Directive 2011/95. Consequently, they may qualify for refugee status where, in their country of origin, they are exposed, on account of their gender, to physical or mental violence, including sexual violence and domestic violence.

If the conditions for granting refugee status are not satisfied, they may qualify for subsidiary protection, including where there is a real risk of being killed or subjected to acts of violence inflicted by a member of their family or community due to the alleged transgression of cultural, religious or traditional norms.

Source: CJEU