France: French National Court of Asylum’s fails to advance protection of women from gender-based persecution despite CJEU ruling

The 2024 ruling by the Court of Justice of the European Union (CJEU) established that women facing gender-based persecution, including physical, psychological, sexual, economic, or domestic violence, can be recognised as a social group under the Geneva Convention and qualify for refugee status.

On 9 July 2024, the French National Court of Asylum (CNDA) applied this ruling in three cases. Refugee status was granted to an Afghan woman due to societal views in Afghanistan that classify women as a social group. However, the court denied refugee status to women from Mexico and Albania, arguing that these countries have adopted international and national measures promoting gender equality, and that violence against women is no longer a legal or social norm. Critics argue that the court failed to consider the effectiveness of these measures, despite reports, including one from the French Office for the Protection of Refugees and Stateless Persons (OFPRA) in May 2024, which highlighted ongoing high rates of femicide and ineffective laws in Mexico.

Civil society organisations have criticised France for missing a crucial opportunity to advance the protection of women facing gender-based persecution.

See: La Cimade