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)

Loxa, Alezini

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)

Mark

Loxa, Alezini ^LU

(2024) In Maastricht Journal of European and Comparative Law 31(4). p.535-550

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 purposes of recognition of refugee status. This case note presents the 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 commitments of both the EU and its Member States at the core of... (More); 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 purposes of recognition of refugee status. This case note presents the 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 commitments 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. (Less)

Please use this url to cite or link to this publication: https://lup.lub.lu.se/record/dc77f823-7fbf-4e28-b3aa-29a62d7fa891

author

Loxa, Alezini ^LU

organization

EU Law (research group)

publishing date

2024-09-30

type

Contribution to journal

publication status

published

subject

Law

keywords

Victims of domestic violence, Human Rights, Istanbul convention, EU Asylum Law, Refugees, Mänskliga rättigheter

in

Maastricht Journal of European and Comparative Law

volume

31

issue

4

pages

535 - 550

publisher

SAGE Publications

external identifiers

scopus:85208034076

ISSN

1023-263X

DOI

10.1177/1023263X241287403

language

English

LU publication?

yes

id

dc77f823-7fbf-4e28-b3aa-29a62d7fa891

alternative location

https://journals.sagepub.com/doi/10.1177/1023263X241287403

date added to LUP

2024-09-02 16:51:41

date last changed

2025-04-04 14:44:38

@article{dc77f823-7fbf-4e28-b3aa-29a62d7fa891,
  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<br/>violence can be considered as members of particular social group for the purposes of recognition of refugee status. This case note presents the the facts of the case and analyses reasoning of the Court. It highlights the<br/>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<br/>international human rights commitments 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<br/>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.}},
  author       = {{Loxa, Alezini}},
  issn         = {{1023-263X}},
  keywords     = {{Victims of domestic violence; Human Rights; Istanbul convention; EU Asylum Law; Refugees; Mänskliga rättigheter}},
  language     = {{eng}},
  month        = {{09}},
  number       = {{4}},
  pages        = {{535--550}},
  publisher    = {{SAGE Publications}},
  series       = {{Maastricht Journal of European and Comparative Law}},
  title        = {{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)}},
  url          = {{https://lup.lub.lu.se/search/files/207426013/Case_Note_MJECL.pdf}},
  doi          = {{10.1177/1023263X241287403}},
  volume       = {{31}},
  year         = {{2024}},
}

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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)