La pronuncia pregiudiziale di C-621/21: le donne come gruppo sociale, una tutela effettiva?

The preliminary ruling of the Court of Justice of the European Union (CJEU) in Case C-621/21 signifies a pivotal moment in the acknowledgment of international protection concerning gender-based violence. Interpreting the 2011 European Union Qualification Directive (2011/95/EU), the CJEU acknowledged that women, collectively, can constitute a particular social group under the 1951 Convention relating to the Status of Refugees (Geneva Convention). When women face gender-dependent physical violence in their country of origin, such persecution is attributed to their membership to a particular social group. Consequently, women may qualify for refugee status if they meet the additional conditions outlined in the directive. Furthermore, even if they don't meet the refugee criteria, they may still qualify for subsidiary protection if they would face gender-based physical or mental violence in their home country. Notably, this ruling represents the first time the CJEU has aligned European law with the 2011 Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention). This indicates the recognition, by the CJEU, of the obligations arising from the EU's accession to the Istanbul Convention, effective since October 1, 2023, after a complex process initiated in 2016. This paper will explore the relevant legal frameworks at both international and European levels. It will analyze the 1951 Geneva Convention and associated guidelines, Directive 2011/95/EU, and the Istanbul Convention. Additionally, it will delve into the EU's ratification process of the Istanbul Convention, highlighting delays attributed to the failure of certain member states, including Bulgaria, to ratify it. Subsequently, it will scrutinize the CJEU's judgment in Case C-621/21 and the principles it establishes, contextualizing them within the legal frameworks. The paper will then assess whether the CJEU's conclusions represent genuine innovation facilitated by the EU's accession to the Istanbul Convention or if they merely elucidate existing norms. Finally, it will address concerns raised by some scholars regarding the qualification of women as members of a particular social group, questioning whether this categorization provides effective protection or perpetuates a stereotypical portrayal of women as passive victims.