On the importance of a gender-sensitive approach in creating and implementing laws and policies across all sectors
International Day for the Elimination of Violence Against Women
In this blog, published on International Day for the Elimination of Violence Against Women, Salvatore Nicolosi and T眉rkan Ertuna Lagrand (both Assistant Professor of International and European Law at Utrecht 木瓜福利影视) emphasize the critical and continuing need for a gender-sensitive approach in the creation and implementation of laws and policies across all sectors. Recent judgments by the Court of Justice of the European Union (CJEU) highlight the progress being made in this area, particularly in the context of asylum policies, they write.
The CJEU has set significant precedents by interpreting EU refugee law through the lens of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Istanbul Convention. These rulings have incorporated the concept of "systematic discrimination" into asylum law, ensuring enhanced protections for women subjected to systemic oppression. Notably, the Court has ruled that women excluded from civil society due to segregation and oppression may receive asylum without the need for individualized assessments of their circumstances.
This groundbreaking approach demonstrates the importance of integrating gender sensitivity into all areas of law to combat the oppression of women and safeguard their rights. By aligning legal frameworks with international standards, we can better address violence against women and ensure justice and protection for those who have endured systematic discrimination.
This November 25, let us reaffirm our commitment to fostering gender equality and combating violence against women through thoughtful, inclusive, and gender-sensitive policymaking.
The CJEUs Progressive Stance
In their recent blogpost (see also link below), Salvo Nicolosi and T眉rkan Ertuna Lagrand write about three recent rulings by the Court of Justice of the European Union (CJEU) which demonstrate the Court's gender-sensitive approach to refugee protection:
- 鈥淭his case law is of particular importance not only because, as recently highlighted by scholars, judgments of the Court of Justice addressing gender-related elements of asylum cases are scarce, but also for the impact that the progressive stance of the Court could have on national authorities and more broadly the development of international refugee law with reference to gender-based asylum claims.鈥
One of these rulings concerns two Afghan women who have applied for international protection in Austria and the question if the situation of women under the Taliban regime alone justifies the recognition of refugee status. Another ruling concerns a Turkish woman of Kurdish ethnicity, leading to the Court's recognition that women who are victims of domestic violence and potential victims of 鈥榟onour killings鈥 can be considered as members 鈥榓 particular social group鈥 that is being persecuted. The third case concerns two Iraqi women who during their time in the Netherlands, and subsequent 'exposure' to gender equality, can be considered as belonging to such a 鈥榓 particular social group鈥 and therefore in danger of persecution should they be sent back to Iraq.