Judgment of the Court (Grand Chamber) January 16, 2024
Directive 2011/95 sets out the conditions for granting refugee status on the one hand and subsidiary protection for third-country nationals on the other. Refugee status is provided for in cases of persecution of third-country nationals on grounds of race, religion, nationality, political opinion or membership of a particular social group. Subsidiary protection, in turn, applies to any third-country national who does not meet the conditions for recognition as a refugee, but who has provided substantial grounds for believing that he or she would face a real risk of suffering serious harm, including in particular execution and inhuman or degrading treatment, if returned to his or her country of origin.
The Court rules that the Directive must be interpreted in accordance with the Istanbul Convention, which binds the European Union and recognizes gender-based violence against women as a form of persecution. The Court also points out that women as a whole can be regarded as belonging to a social group within the meaning of Directive 2011/95. Consequently, they can be granted refugee status if they are exposed to physical or psychological violence, including sexual violence and domestic violence, in their country of origin because of their gender.
*This text has been translated automatically.