On 11 June 2024, the Court of Justice of the European Union decided on a question relating to Directive 2011/95 and the conditions for granting refugee status, holding that women and minor girls that identify genuinely with the principle of equality between men and women may fall within a ‘particular social group’. Depending on their country of origin, if these women or girls develop such a value for equality during their stay, returning to the country after conforming to these different societal norms could constitute a ‘reason for persecution’ and satisfy the requirements for refugee status.
This case arose from applications for international protection by two Iraqi teenagers who have lived in the Netherlands for a continuous period since 2015, adopting the societal norms and values of the region. After their initial international protection applications were rejected, they submitted another along the lines of the argument that they could not return to a society with norms that do not recognise the same rights entitled for women and girls as they do for men. The Dutch authorities rejected their subsequent applications also, but the applicants brought forward proceedings to the Netherlands courts, which referred a question to the Court of Justice on the interpretation of international protection under Directive 2011/95.
In finding that membership of a ‘particular social group’ under international protection could include women and minors who share the common characteristic of aligning with the value of equality between males and females, the court held that the length of the stay may be taken into account by the Member State. This is of particular relevance if a period of their stay was while the person was a minor, and they have formed their identity during this time. An additional consideration for minors that national authorities must account for is their best interests, and an individual examination must be carried out, considering the merits of the international protection application.
This particular case now returns to the national courts to make the decision based on the specific circumstances of the case but lays down an important interpretation of the law on international protection going forward for EU Member States.
To access the judgement documents of Case C-646/21 Staatssecretaris van Justitie en Veiligheid, click here.
To read the press release of the Court of Justice, click here.