The recent ruling by the Court of Justice of the European Union has widened the grounds for refugees to include women who are exposed to violence due to their gender. This means that women who face physical or mental violence, including domestic and sexual violence, in their country of origin are now eligible to apply for international protection in the EU.
The court emphasized that women can be considered as belonging to a social group within the meaning of Directive 2011/95, allowing them to qualify for refugee status on the basis of gender-based violence. If they do not meet the criteria for refugee status, they may still be eligible for subsidiary protection.
This ruling came after a national of Türkiye, who is of Kurdish origin, sought international protection after fleeing to Bulgaria to escape a forced marriage and domestic violence. The EU Court of Justice clarified that the eligibility criteria for acquiring refugee status in line with EU law includes instances of persecution based on race, nationality, religion, political beliefs, or affiliation with a specific social category.
The clarification of the Court has been welcomed by human rights organizations, with Diana Dimova, the head of Mission Wings, a Bulgarian NGO, highlighting the importance of women being able to apply for international protection in the EU after suffering years of gender-based violence.
This landmark ruling opens up opportunities for women who have been victims of gender-based violence to seek protection and refuge in the European Union. It is a significant step forward in recognizing and addressing the specific challenges that women face in their home countries, and it emphasizes the EU’s commitment to protecting the rights of all individuals, regardless of their gender.
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