WOMEN WHO ARE VICTIMS OF VIOLENCE AND ASYLUM: WHAT PROTECTION IS AVAILABLE?

The asylum system in France offers international protection to women who are victims of violence in their country of origin, provided they can demonstrate that they would face danger if returned and that state authorities are unable to protect them. Although this legal framework is protective, it requires a precise legal analysis to be effectively applied to situations of gender-based violence.

Refugee status and the concept of a social group

Refugee status is governed by the 1951 Geneva Convention. This convention does not explicitly recognize sex or gender as an independent ground for persecution, limiting itself to five criteria: ethnicity, religion, race, nationality, and political opinion. It is through the interpretation of the fifth ground—membership in a social group—that the gradual recognition of women as victims of violence has been established.

Once membership in a social group has been established, it is necessary to demonstrate a personal fear of persecution, supported by detailed evidence, in connection with that membership.

Specifically recognized social groups of women

Case law has identified several categories of women who may qualify for this status as a social group:

• Women who are victims of human trafficking for the purpose of sexual exploitation during their journey into exile. The requirements include proof of the control exercised by the trafficking network and that the victim was actually being exploited at the time of the asylum application;

• Girls and women who are victims of forced marriage, that is, who refuse a marriage imposed against their will;

• Girls and women who are victims of genital mutilation. Case law recognizes that women and girls “from communities where female genital mutilation is practiced as a social norm, without their families being able to protect them” constitute a social group.

The issue of recognizing a social group of women based on gender-based violence

In a judgment dated January 16, 2024, the Court of Justice of the European Union recognized that women as a group may be regarded as belonging to a particular social group when it is established that, in their country of origin, they are exposed to persecution based on their gender, whether in the form of physical or psychological violence, sexual violence, economic violence, or domestic violence.

This recognition of the social group must be assessed in light of the specific conditions prevailing in their country. In this case, it concerned the specific situation of Afghan women, who are now recognized, as a group, as a social group.

However, this European position is interpreted more restrictively by the National Court of Asylum (CNDA). In a ruling dated July 11, 2024, it recognized the existence of the social group of Afghan women as a whole, due to their different perception by society, and not because of the systemic gender-based violence inflicted by the Taliban authorities.

Subsidiary Protection Against Violence Against Women

If an application for refugee status is denied, subsidiary protection under Article L.512-1 of the CESEDA may be considered for women who are victims of gender-based violence.

It is granted when gender-based violence takes the form of torture or inhuman or degrading treatment or punishment, contrary to Article 3 of the European Convention on Human Rights (ECHR).

With regard to gender-based violence occurring within the context of armed conflict, such cases are not yet sufficiently addressed. Nevertheless, protection for women in situations of indiscriminate conflict can be obtained by highlighting their particular vulnerability.

The particular vulnerability of the asylum seeker must necessarily be demonstrated in support of a request for subsidiary protection. This is assessed based on various criteria such as isolation, health status, the status of being a single mother or the mother of a child born out of wedlock, a history of genital mutilation with reconstruction, or the lack of protection from the authorities.

The Challenges of Obtaining Protection and the Necessary Support

Obtaining international protection faces a major challenge: proof. It is not enough to prove that one falls into one of these categories; one must always provide evidence of a personal fear of persecution or serious harm in the event of return. This requires providing detailed evidence and solid, individualized accounts.

However, this process is often hindered by the trauma these women have experienced, which can prevent them from presenting a coherent account during the review of their application. To build strong cases, comprehensive support—including legal, psychological, social, and medical assistance—is essential.

At TERRAVOCATS, we have long supported foreign women who are victims of violence, regardless of their background or history, to help them obtain international protection. Our mission is to help these women have their stories recognized, by overcoming the legal and human obstacles linked to their trauma.