The Personal Is Not Yet Political nor Juridical for Women Seeking Asylum in the European Union. Critical Issues Arising from the CJEU Judgment of 16 January 2024, C-621/21

This note critically examines a recent judgment by the European Court of Justice regarding the recognition of gender-based violence as a ground for asylum for women. The analysis begins with a discussion on the neglect of international legal feminism in refugee law and highlights the importance of considering the binding provisions of the CEDAW and the Istanbul Convention. The judgment acknowledges women facing gender-based violence as members of a particular social group eligible for refugee status, but it falls short in recognizing the political dimension of their persecution. Additionally, it addresses the issue of non-state actors as perpetrators of persecution and emphasizes the need for detailed assessments considering various factors.