Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/04/2024

Subject: According to the Court, an accumulation of discriminatory measures in respect of women – consisting, inter alia, in depriving them of any legal protection against gender-based and domestic violence and forced marriage, requiring them to cover their entire body and face, restricting their access to healthcare and freedom of movement, prohibiting them from engaging in gainful employment or limiting the extent to which they can do so, prohibiting their access to education, prohibiting them from taking part in sports and excluding them from political life – adopted or tolerated by an ‘actor of persecution’ comes within the concept of ‘act of persecution’, since those measures, by their cumulative effect, undermine human dignity as guaranteed by Article 1 of the Charter of Fundamental Rights of the European Union. Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, does not requiring the competent national authority – in order to determine whether, having regard to the conditions in a woman’s country of origin at the time of the assessment of her application for international protection, the discriminatory measures to which she has been or could be exposed to in that country amount to acts of persecution – to take into consideration, in the individual assessment of her application, factors particular to her personal circumstances other than those relating to her gender or nationality

Parties: Bundesamt für Fremdenwesen und Asyl e a. (Femmes afghanes)

Classification: Dignity - Art. 1 Human dignity - Freedoms - Art. 18 Right to asylum - Equality - Art. 21 Non discrimination

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