In a landmark decision, the European Court of Justice (ECJ) has ruled that women facing gender-based violence, including domestic and sexual violence, in their home countries can be considered as belonging to a social group and are entitled to seek asylum. The ruling stems from a case involving a Turkish Muslim woman of Kurdish origin who sought refuge in Bulgaria after enduring threats and violence from her family, including a forced marriage.
The ECJ declared that refugee status could be granted to women when they face persecution due to their gender, emphasizing that “women, as a whole, may be regarded as belonging to a social group.” The court acknowledged that if the conditions for refugee status are not met, women may still qualify for subsidiary protection, especially if there is a genuine risk of violence, particularly from family or community members adhering to cultural or religious norms.
NGOs and European lawmakers have welcomed this decision as a crucial step in protecting women from domestic and sexual violence. German MEP Terry Reintke highlighted the ruling’s importance in extending protection to women without EU passports who face violence in their home countries. Pro Asyl, a pro-immigration advocacy group in Germany, and Terre des Femmes, a non-profit organization, applauded the decision, anticipating that it would strengthen women’s legal positions and improve the chances of victims of domestic violence.
The ruling’s significance is underscored by its alignment with the principles of the Istanbul Convention, a treaty ratified by the EU in June 2023 to prevent violence and protect victims. The court’s explicit reference to the convention highlights its influence on the decision. However, challenges remain, as some EU member states are yet to ratify the Istanbul Convention. Advocates urge these states to endorse the convention, emphasizing its role in eliminating violence against women.
While the ruling represents a positive step forward, its impact will depend on how effectively it is implemented across EU member states. Ultimately, the decision reflects a commitment to safeguarding the rights of women facing gender-based violence and marks a significant development in the evolution of asylum policies within the European Union.