IN DUBIO PRO FEMINA: BRIDGING INTERNATIONAL HUMAN RIGHTS LAW WITH EU REFUGEE LAW

The purpose of this paper is to contribute to the topic of gender-based asylum applications arguing that a proper examination of such claims necessitates consolidating European asylum law with international human rights law. Driven by the recent Court of Justice of the European Union (CJEU) judgement in case C-621/21, the authors focus on identity discrimination and claims related to gender-based violence, and critically examines the requirements for qualification of individuals for international protection. The paper comparatively approached valuable jurisprudence of the European Court of Human Rights and the CJEU, case-law of the CEDAW Committee, and findings of the Office of the United Nations High Commissioner for Refugees. The paper endeavours to explain the interplay between primary and secondary European law (that is currently evolving) and international and regional human rights, and attempts to make a contribution to future developments by analysing cases pending before the Court.