The CJEU says the Common European Asylum System must be interpreted consistently with the Istanbul Convention

On 16 January 2024, the Court of Justice of the European Union (CJEU) clarified that the Common European Asylum System must be interpreted consistently with the Council of Europe Istanbul Convention, binding on the European Union since 1 October 2023.

 

The judgment of the Court in Case C-621/21 is an essential step for the protection of women against gender-based violence in the European Union. The CJEU found that 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.