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11/06/2024
The CJEU ruled on the assessment of the ground of persecution based on ‘membership of a particular social group’ in a case concerning minor girls from Iraq who claimed to genuinely identify with the value of equality between women and men considering their long residence in the Netherlands.

ECLI
ECLI:EU:C:2024:487
Input Provided By
EUAA Information and Analysis Sector (IAS)
Type
Judgment
Original Documents
Relevant Legislative Provisions
Recast Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection)(recast QD)/or QD 2004/83/EC
Reference
European Union, Court of Justice of the European Union [CJEU], K and L v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), C-646/21, ECLI:EU:C:2024:487, 11 June 2024. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4321
Case history

Referral for a preliminary ruling: Netherlands, Court of The Hague [Rechtbank Den Haag], Applicants v State Secretary for Justice and Security, NL20.22045 and NL20.22047 , ECLI:NL:RBDHA:2021:11524, 22 October 2021.

Other information

European Union, Court of Justice of the European Union [CJEU], AH (C‑608/22),FN (C‑609/22) v Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl‚ BFA), Joined Cases C-608/22 and C-609/22, ECLI:EU:C:2024:828, 04 October 2024. Link redirects to the English summary in the EUAA Case Law Database.

European Union, Court of Justice of the European Union [CJEU], WS v State Agency for Refugees under the Council of Ministers (SAR), C-621/21, ECLI:EU:C:2024:47, 16 January 2024. Link redirects to the English summary in the EUAA Case Law Database.

Abstract

According to the court press release


"Women, 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, depending on the circumstances in the country of origin, be regarded as belonging to a 'particular social group', constituting a 'reason for persecution' capable of leading to the recognition of refugee status.


Two Iraqi teenagers 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 claim that, if they return 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 which they have formed in the Netherlands. Those subsequent applications were also rejected by the Dutch authorities and those 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 on international protection, which lays down the conditions for granting refugee status to third-country nationals. That 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.


In its judgment, the Court holds that women, 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, depending on the circumstances in the country of origin, be regarded as belonging to a 'particular social group', constituting a 'reason for persecution' capable of leading to the recognition of refugee status. It clarifies that, where an applicant for international protection is a minor, the national authorities must take into account his or her best interests in connection with an individual examination concerning the merits of the application for international protection submitted by that minor. Furthermore, for the purpose of assessing an application for international protection based on a reason for persecution such as 'membership of a particular social group', a long stay in a Member State may be taken into account, especially where it coincides with a period during which an applicant who is a minor has formed his or her identity."


Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C-646/21
Date of Decision
11/06/2024
Country of Origin
Syria
Keywords
Membership of a particular social group
Minor / Best interests of the child
Identifying with the value of equality between women and men
Other Source/Information
Press release