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)
| Published date | 01 August 2024 |
| DOI | http://doi.org/10.1177/1023263X241287403 |
| Author | Alezini Loxa |
| Date | 01 August 2024 |
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)
Alezini Loxa*
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 pur-
poses 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 commit-
ments 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.
Keywords
EU asylum law, victims of domestic violence, human rights, Istanbul Convention, EU migration law
*Lund University, Sweden
Corresponding author:
Alezini Loxa, Faculty of Law, Lund University, Lilla Gråbrödersgatan 4, Lund, 221 00, Sweden.
Email: alezini.loxa@jur.lu.se
Case Note
Maastricht Journal of European and
Comparative Law
2024, Vol. 31(4) 535–550
© The Author(s) 2024
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1023263X241287403
maastrichtjournal.sagepub.com
1. Introduction
The judgment by the Grand Chamber of the Court of Justice in the 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 rec-
ognition of refugee status.
1
The decision stands out both for the gender-sensitive interpretation of
EU law that extends refugee protection to women victims of domestic violence, but also for the
interpretation of EU asylum law in light of the constitutional commitments of the EU and the
Member States to international human rights protection under specific international treaties. At
times when EU asylum and migration policy is subject to intense criticism, with Member States
trying to further curtail access to asylum and undermine the protective elements of the Common
European Asylum System, the decision stands out for its human rights-oriented outcome and it
is undoubtedly important for the development of EU asylum law.
2
The judgment has already
guided subsequent findings of the Court on the refugee status of women of Iraqi origin identifying
with the values of the EU, while it is also expected to affect future case law on Afghan women
fleeing the Taliban regime.
3
On the latter case, the AG Opinion already issued points to the adoption
of a gender-sensitive interpretation of EU asylum law.
4
At the same time, however, some contentious points can be noted in the fragmented way in
which international human rights obligations appear in the Court’s case law. In the present judg-
ment the Court underlined respect for international human rights obligations as an inherent part
of the EU asylum system, thereby extending the protection offered to women victims of domestic
violence. However, when similar interests were at stake in the past as regards residence rights for
women victims of domestic violence in the area of regular migration, international human rights
obligations did not play such a prominent role.
5
In this case note, the facts of the case will be pre-
sented in the section that follows, before examining in detail the reasoning of the Court in section
1. Case C-621/21 Intervyuirasht organ na DAB pri MS (Women victims of domestic violence), EU:C:2024:47.See G. Kübek
and J. Bornemann, ‘International Law as a Trailblazer for a Gender-Sensitive Refugee System in the EU. The Court of
Justice’s ruling in Case C-621/21, Women who are Victims of Domestic Violence’, European Law Blogpost 6/2024, 29
January 2024; M. Möschel, ‘The EU Court of Justice Strengthens Women’s Rights (Case C-621/21 WS)’, EU Law Live,
24 January 2024; A. Kompatscher, ‘Victims of Gender-Based Violence: Between Hope and Reality, The CJEU’s First
Application of the Istanbul Convention’, Volkerrechtsblog, 11 February 2024; T.E Lagrand, ‘Beyond Opuz v. Turkey:
The CJEU’s Judgment in WS and the Refugee Law Consequences of the State’s Failure to Protect Victims of
Domestic Violence’, Strasbourg Observers, 20 February 2024.
2. See the recently agreed revision of secondary law under the Asylum and Migration Pact presented as historic in
Directorate General for Migration and Home Affairs, Historic agreement reached today by the European Parliament
and Council on the Pact on Migration and Asylum, News Article, 20 December 2023. Steve Peers has analysed the legis-
lative instruments which form part of the Pact in six parts in EU Law Analysis Blog and has discussed their effects for
migrants’rights.
3. See C-646/21 Staatssecretaris van Justitie en Veiligheid (Persons identifying with the values of the Union), EU:
C:2024:487 on Iraqi women and C-456/21, Staatssecretaris van Justitie en Veiligheid on young Afghan women which
was withdrawn by Order of the President of the Court of 26 October 2021, [2021] OJ C 391. See also pending Joined
Cases C-608/22 and C-609/22 Bundesamt für Fremdenwesen und Asyl and Others (Femmes afghanes) on women
fleeing the Taliban regime with the preliminary questions focusing on the interpretation of acts of persecution under
Article 9 of the Qualification Directive.
4. Opinion of Advocate General Richard de la Tour in Joined Cases C-608/22 and C-609/22 Bundesamt für Fremdenwesen
und Asyl and Others (Femmes afghanes), EU:C:2023:856.
5. See Case C-930/19 Belgian State (Droit de séjour en cas de violence domestique), EU:C:2021:657 discussed in more
detail in section 4.2.
536 Maastricht Journal of European and Comparative Law 31(4)
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