Equal rights belief plays a role in the consideration of applications for girls' asylum.
This couple has been living with their family in the Netherlands since 2015. They were rejected asylum status twice. They argued in the Netherlands that their values, behaviors, and social norms had changed after their time in Europe to align with their peers.
If they went back to Iraq, they could not adjust to the laws in a society where females and girls do not have the same rights as males. They expressed concerns about persecution based on their newfound identity, shaped during their time in Europe.
The Dutch court sent questions to the European Court of Justice (ECJ) about this situation. One question involved if the girls could be seen as a legal social group. When considering asylum applications, European countries check if someone is being persecuted in their home country due to their shared characteristics or significant belief, or if they're viewed differently in their country.
If they belong to this social group, it could be a reason for refugee status. Now, the ECJ stated that aligning with the core value of gender equality justifies belonging to a protected social group and is a grounds for persecution - depending on the specific situation in the home country.
The ECJ also mentioned that the well-being of the children needs to be considered in asylum applications. They must take into account their overall best interest.
After this statement from the ECJ, the Dutch court is now tasked with making a decision on the specific asylum cases. They must follow the legal opinion of the ECJ.
Read also:
- Despite living in Luxembourg, a fellow Iraqi family faced similar challenges with their asylum application due to their altered beliefs and societal norms in Europe.
- The European Union (EU) countries, including Luxembourg, are obligated to ensure equal rights for all, including refugees from Iraq, according to the ruling of the ECJ.
- In response to the Netherlands' query, the ECJ confirmed that women and girls in Iraq may form a legal social group subject to persecution due to their gender and the pursuit of equal rights in Europe.
- Several refugee families from Iraq, including men and children, seek safety in other EU countries, citing fears of persecution based on their beliefs in equal rights and their faith in Europe's democratic values.
- A growing number of asylum applications from Iraqi refugees in countries like Germany and France are receiving closer scrutiny in light of the European Court of Justice's (ECJ) stance on gender equality and equal rights.
- The equal rights belief of Iraqi women and girls should be considered while delivering fair and just asylum decisions, ensuring that underage girls are not mistakenly sent back to Iraq, where they may face persecution.
- The Dutch court, following the ECJ's ruling, will now reconsider the asylum application of this couple and others who share similar circumstances, making a judgment based on the overall best interest of the children and the equality principles upheld in Europe.
