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CJEU rules that persecution based on gender may qualify a person for refugee status

16/01/24

The Court of Justice of the European Union has today ruled that women who are exposed to physical or psychological violence (including sexual or domestic violence) in their country of origin because of their gender may qualify for refugee status or subsidiary protection in the EU.

This is consistent with UNHCR’s long standing position, its authoritative Guidelines, and the submissions it made to the Court.

The case arose from a preliminary reference from the Bulgarian courts, following the claim by a Turkish national for international protection in Bulgaria. She claimed that she was forced to marry by her family and was beaten and threatened by her husband, and thus feared for her life if she was required to return to Turkey. UNHCR was a party to the proceedings.

The Court’s press release can be found here, and the judgment (currently published in Bulgarian) is here. The Opinion of AG de la Tour is here.

Marie Demetriou KC and Jennifer MacLeod were instructed pro bono by Baker McKenzie for the UN High Commissioner for Refugees (UNHCR).