Age, gender and diversity / Domestic violence

20 April 2023 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Domestic violence - Forced marriage - Non-state agents of persecution - Sexual and gender-based violence (SGBV) - Social group persecution - Women-at-risk | Countries: Bulgaria - Türkiye

Confirmed on 29 July 2022.

19 April 2022 | Judicial Body: Republic of Korea: Seoul High Court | Topic(s): Domestic violence - Honour killings - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Sexual and gender-based violence (SGBV) | Countries: Korea, Republic of

5 May 2021 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Domestic violence | Countries: Belgium - Türkiye

11 August 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Domestic violence - Non-state agents of persecution - Social group persecution - Women-at-risk | Countries: Mexico - United States of America

7 August 2020 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Domestic violence - Non-state agents of persecution - Social group persecution - Women-at-risk | Countries: Guatemala - United States of America

The Committee makes the following recommendations to the State party: (a) Concerning the author of the communication and her daughters: (i) Reopen their asylum case, taking into account the Committee’s views; (ii) Refrain from forcibly returning them to Jordan, where they would be exposed to a real, personal and foreseeable risk of severe forms of gender-based violence. (b) General: (i) Take all measures necessary to ensure that victims of gender-based forms of persecution who are in need of protection, regardless of their status or residence, are not returned under any circumstance to any country in which their life would be at risk or where they might be subjected to gender-based violence or to torture or ill-treatment; (ii) Ensure that the threshold for accepting asylum applications is measured not against the probability but against the reasonable likelihood that the claimant has a well-founded fear of persecution or that she would be exposed to persecution upon her return; (iii) Ensure that women asylum seekers have timely information on the importance of the first interview and what constitutes relevant information in that context; (iv) Ensure that, whenever necessary, examiners use all the means at their disposal to produce and/or verify the necessary evidence in support of the application, including by seeking and gathering information from reliable governmental and non-governmental sources on human rights in the country of origin, in particular relating to the situation of women and girls, and taking all necessary measures in that regard; (v) Ensure, when interpreting all legally recognized grounds for asylum, the classification of claims for asylum on the basis of gender under the grounds of membership of a particular social group, where necessary, and consider adding sex and/or gender and other status to the list of grounds for refugee status in national asylum legislation;

15 July 2019 | Judicial Body: UN Committee on the Elimination of Discrimination Against Women (CEDAW) | Legal Instrument: 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) | Topic(s): Domestic violence - Forced marriage - Gender-based persecution - Women's rights | Countries: Denmark - Jordan - Palestine, State of

Advance unedited version

10 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Domestic violence - International Covenant on Civil and Political Rights (ICCPR) - Prostitution / Commercial sex work - Residence permits / Residency | Countries: Denmark - Iran, Islamic Republic of - Italy

24 October 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Domestic violence - Gender discrimination - Gender-based persecution - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Sexual and reproductive rights - Women-at-risk | Countries: Australia - Türkiye

12 February 2015 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Domestic violence - False documents - National security / Public order - Regional instruments - Right to return - Spontaneous return | Countries: Netherlands

12 February 2015 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Domestic violence - False documents - National security / Public order - Regional instruments - Right to return - Spontaneous return | Countries: Netherlands