Written by Anita Orav.
In recent years, the European Union has faced a significant number of asylum applications, with over 513 000 applications received in the first half of 2024 alone. Women and girls make up a substantial proportion of asylum seekers, with one in three asylum-seekers being female.
In international law, the 1951 Geneva Refugee Convention is the main instrument regulating asylum. The Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention provide a framework for protecting the rights of women who seek protection.
The EU has developed a common European asylum system that has gradually incorporated gender-sensitive elements in legal texts such as the Qualification Directive, the Asylum Procedures Directive and the Reception Conditions Directive. These directives offer special protection to vulnerable individuals, including women and children.
The Court of Justice of the European Union (CJEU) has played a crucial role in advancing a gender-sensitive approach in EU asylum law, acknowledging the specific experiences and circumstances of women and other vulnerable individuals seeking protection in the EU. The CJEU has recognised gender-based violence as a form of persecution and grounds for asylum or subsidiary protection. It has also acknowledged the importance of considering the individual circumstances and experiences of asylum seekers, particularly women and girls, who may face persecution or harm owing to their adherence to certain values or lifestyles. This aligns with a more gender-sensitive approach in EU asylum law and policy in recent years. Nevertheless continued progress is needed to address the human rights challenges faced by women and girls in asylum procedures.
Read the complete briefing on ‘The gender dimension of asylum claims‘ in the Think Tank pages of the European Parliament.
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