Trends in the qualification of asylum claims related to gender-based violence under international and European Law

Abstract

ABSTRACT Sexual and gender-related violence are widely regarded as serious violations of human rights. Notwithstanding, those who apply for asylum and invoke violence as a basis of their claim face difficulties in obtaining international protection. This may be due to the lack of trust in the applicant’s credibility, the nature of the evidence, lack of official information on incidents of gender violence, or the inclination of asylum countries not to become involved in ‘private matters’. This article analyses the trends in adjudication of asylum claims related to gender-based violence. In particular, it examines the recent European and national case law on asylum claims related to female genital mutilation, domestic violence and trafficking. It explores possible solutions to obstacles for securing international protection in such claims through various remedies. The authors note that the EU legislative developments do not eliminate these obstacles. At the same time, attempts in various national jurisdictions to dismiss gender-based claims as a ‘private matter’ are being challenged; there is now recognition that states have a positive obligation to ensure the protection of an individual’s basic rights, in particular through the application of ECtHR case law. These developments suggest positive trends towards protecting the applicants with gender-related claims.