International human rights commitments to protect victims of domestic violence: Refugee recognition as the first step for an integrated approach under EU law in Case C-621/21, Intervyuirasht organ na DAB pri MS (women victims of domestic violence)

Abstract

The judgment by the Grand Chamber of the Court of in Case C-621/21 Intervyuirasht organ na DAB pri MS case has already attracted significant attention for the finding of the Court that women victims of domestic violence can be considered as members of particular social group for the purposes of recognition of refugee status. This case note presents the facts of the case and analyses reasoning of the Court. It highlights the importance of the case both for its outcome, which has already guided subsequent findings of the Court on the refugee status of women of Iraqi origin identifying with the values of the EU, but also for placing the international human rights commitments of both the EU and its Member States at the core of the reasoning. At the same time, some contentious points of the judgment are also raised. These relate to the ‘hiding’ of the ECtHR case law in the reasoning of the Court and to the fragmented way in which international human rights obligations towards victims of domestic violence appear in other areas of EU law and case law.