Two young girls flee to the EU and grow up with equal rights as boys. But in their home country, this equality is at risk. Is this a reason for asylum? The ECJ has decided this question – and strengthened refugee protection for women.
Two girls fled from Iraq to the Netherlands in 2015. They grew up there in the formative phase of their lives between the ages of ten and 20. They justified their subsequent applications for refugee protection by arguing that while growing up in the Netherlands they had adopted the values and norms of their peers, especially with regard to equality between men and women. Meeting boys, playing sports together, studying – if they had to return to Iraq, all of this would be at risk. They fear being persecuted in their home country because of the way of life and identity they adopted in the Netherlands.
The Grand Chamber of the European Court of Justice (ECJ) ruled in her favor today: If a long stay in Europe is identity-forming for young girls, then this must be taken into account by asylum authorities, according to the European judges. Girls can receive refugee protection if their equal way of life in their home country is at risk.
Individual examination required according to ECJ
According to EU law, the decision on refugee protection depends on whether someone is being persecuted in their home country. This can be the case if they are discriminated against as a member of a certain group. If women share the “fundamental value of equality between women and men” because they adopted it when growing up in Europe, this can justify their refugee status, according to the ECJ.
According to the court, women who see themselves as equal to men can be a “certain social group”. If they are not treated equally in their respective country of origin because of their way of life, they could be considered persecuted depending on the specific circumstances. Asylum authorities must examine this on an individual basis and take a close look at the situation for women on the ground.
Dutch Court must decide on asylum
A Dutch court had referred the fundamental question to the ECJ. The court in the Netherlands must now decide on the subsequent asylum applications of the young women from Iraq. It is bound by the ECJ’s legal opinion. This also has an effect on the other EU states if they are dealing with comparable cases. Refugee protection for young women growing up in the EU is therefore strengthened across the EU by the ECJ ruling.