Protecting the rights of migrant and refugee women and girls - a public health law perspective

Abstract This presentation will explore recent legal and policy developments in Europe aimed at strengthening the protection of migrant, refugee, and asylum-seeking women and girls through a gender-sensitive and intersectional lens. Building on SDG 5 and the Council of Europe's Gender Equality Strategy (2018-2023), the session will highlight Recommendation CM/Rec(2022)17, which calls on Member States to eliminate discrimination, address intersecting vulnerabilities, and enable access to justice without fear, particularly for undocumented women and victims of violence or trafficking. A major legal milestone will be discussed: the 2024 ruling by the Court of Justice of the European Union (AH & FN v. Federal Office for Immigration and Asylum), which affirmed that gender-based systemic discrimination may constitute grounds for international protection. This case strengthens legal interpretations under Article 24(2) of the EU Charter of Fundamental Rights and aligns with UNHCR Guidelines, as codified in Directive 2011/95. While gender has increasingly been mainstreamed in asylum procedures, the presentation will argue that these protections remain under-implemented in labor law and occupational health frameworks. Special attention will be given to gaps in legal, health, and labor systems that continue to expose migrant and refugee women to exploitation, inadequate care, and social exclusion. Drawing from current recommendations, the session will offer practical strategies for policy integration, inclusive service planning, and professional training. Participants will gain insights into how national and EU-level actions can better uphold the rights and health of this vulnerable population, ensuring that global strategies reflect both legal obligations and equity-driven priorities.