DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS GENDER EQUALITY Gender related asylum claims in Europe A comparative analysis of law, policies and practice focusing on women in nine EU Member States France, Belgium, Hungary, Italy, Malta, Romania, Spain, Sweden and the United Kingdom STUDY Abstract This research considers the law, policies and practice for gender-related asylum claims in nine EU Member States. The resulting comparative analysis demonstrates the many disparities in the way EU Member States handle such claims. The report concludes that women are not guaranteed consistent gender-sensitive treatment when they seek protection in Europe. It identifies a number of recommendations for a range of institutions in order to achieve a gender-sensitive asylum system across Europe. PE 462.481 EN AUTHORS Hana Cheikh Ali, Christel Querton and Elodie Soulard The partners involved in this research were the Comisión Española de Ayuda al Refugiado (Spain – coordinator), France terre d´asile (France), Asylum Aid (United Kingdom), Consiglio Italiano per i Rifugiati (Italy) and the Hungarian Helsinki Committee (Hungary). The research was undertaken by: Belgium and France: Elodie Soulard (France terre d’asile) Hungary: Gruša Matevžič (Hungarian Helsinki Committee) Italy: Daniela Di Rado (Consiglio Italiano per i Rifugiati) Malta: Daniela Di Rado and Anna Galosi (Consiglio Italiano per i Rifugiati) Romania: Bianca Albu and Luiza Burlibasa (Jesuit Refugee Service) Spain: Hana Cheikh Ali (Comisión Española de Ayuda al Refugiado) Sweden: Maria Bexelius (Consultant for Asylum Aid) United Kingdom: Christel Querton (Asylum Aid) RESPONSIBLE ADMINISTRATOR Erika Schulze Policy Department C - Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] LINGUISTIC VERSIONS Original: EN Translation: FR ABOUT THE EDITOR To contact the Policy Department or to subscribe to its newsletter please write to: poldep­ [email protected] Manuscript completed in November 2012 European Parliament © European Union, 2012 This document is available on the Internet at: http://www.europarl.europa.eu/studies DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorized, provided the source is acknowledged and the publisher is given prior notice and sent a copy. EXPLANATORY NOTE AND ACKNOWLEDGEMENTS The elaboration of the report on "Gender-related asylum claims in Europe" was co-financed by the European Commission through the "European Refugee fund - community actions 2009". It was first published in May 2012. The European Parliament provides for a new publication in English and French following a request of the FEMM committee for a comparative analysis of gender-related persecution in national asylum legislation and practice in Europe. The authors would like to thank all the women asylum seekers and refugees who accepted to be interviewed for the purpose of this research. They are also grateful for all the lawyers, advocates, UNHCR, OIM, national authorities, reception centres, NGOs and judges who responded to the questionnaires. Additional support was provided by Nuria Díaz Sacristán, Gábor Gyulai, Russell Hargrave, Asisé Mateo, Ramiro Muñiz-Garcìa, Debora Singer and Matthieu Tardis. The authors would also like to thank all those who participated in the Experts Meeting in September 2011 on Enhancing the Inclusion of Gender in Asylum Policies and Practice in Europe: Selmin Caliskan - European Women’s Lobby; Ian Cheeseman – UK Border Agency; Mirela Grozdanic – Swedish Migration Board; Maria Hennessy – European Council on Refugees and Exiles; Sabine Jansen – COC Netherlands; Catriona Jarvis – judge of the Immigration and Asylum Chamber UK; Jean Lambert – Member of the European Parliament; Joël Le Déroff – International Lesbian, Gay, Bisexual, Trans and Intersex Association Europe; Florence Malvasio – French National Court of Asylum; Didier Mouton – European Asylum Support Office; Frances Nicholson – Regional Representative for Western Europe UNHCR; Fadela Novak-Irons – Bureau for Europe UNHCR; Elise Petitpas – Amnesty International EU Office; and Andrej Zernovski – Parliamentary Assembly of the Council of Europe. Policy Department C: Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ CONTENTS LIST OF ABBREVIATIONS 6 EXECUTIVE SUMMARY 8 1. INTRODUCTION AND BACKGROUND 11 2. METHODOLOGY 14 3. LEGAL FRAMEWORK 16 i. International Legal Framework 16 ii. European Legal Framework 18 4. GENDERED STATISTICS ON ASYLUM APPLICATIONS AND DECISIONS 20 5. GENDER GUIDELINES 26 i. Introduction 26 ii. Implementation of UNHCR Gender Guidelines 27 iii. Adoption of national Gender Guidelines 30 6. REFUGEE STATUS DETERMINATION PROCESS 33 i. Introduction 33 ii. Legal Framework 33 iii. Interpretation of persecution 34 iv. Forms of Persecution 36 v. Gender related persecution by non-State actors 43 vi. Interpretation of the Convention Grounds 45 vii. Credibility and evidence 60 viii. Country of Origin Information 69 ix. Internal flight alternative 71 x. Safe countries of origin 76 xi. Audits 80 7. ASYLUM PROCEDURES 81 i. Introduction 81 ii. International and European Legal Framework 81 iii. Border Procedures 82 iv. In-Country Procedures 85 v. Accelerated and prioritised procedures 89 4 Gender related asylum claims in Europe ____________________________________________________________________________________________ vi. Women and victims of gender-based violence: a vulnerable group with special procedural needs? 91 vii. Interviews 94 viii. Subsequent applications 101 ix. Dublin 103 x. Appeals 104 8. TRAINING OF INTERVIEWERS, DECISION-MAKERS AND LEGAL REPRESENTATIVES 107 i. Interviewing officers and decision-makers at the first instance level 107 ii. Judges 108 iii. Legal representatives 109 9. RECEPTION CONDITIONS FOR WOMEN ASYLUM SEEKERS 111 i. Introduction 111 ii. International and European Legal Framework 111 iii. Identification of special reception needs 112 iv. Complaint procedure and special mechanisms for victims of gender-based violence in centres 113 v. Gender-sensitive accommodation provisions 115 vi. Special accommodation for victims of trafficking 116 vii. Gender-sensitive services 117 viii. Training of staff 119 10. DETENTION CONDITIONS OF WOMEN ASYLUM SEEKERS 121 i. Introduction 121 ii. Gender of staff ratio 122 iii. Identification of vulnerable groups with special needs 122 iv. Complaint procedure and mechanisms in case of gender-based violence in detention centres 125 v. Detention conditions 125 vi. Gender-sensitive health services 127 vii. Training of staff in detention centres and at the border 129 11. CONCLUSION AND RECOMMENDATIONS 130 ANNEX 1: DEFINITIONS 139 ANNEX 2: ASYLUM PROCEDURES FACT SHEETS 141 BIBLIOGRAPHY 163 5 Policy Department C: Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ LIST OF ABBREVIATIONS CEAS Common European Asylum System Convention for the Elimination of All Forms of Discrimination against CEDAW Women The Belgian Council for Aliens Law Litigation (Conseil du contentieux CCE des étrangers) Belgian Office of the Commissioner General for Refugees and CGRS Stateless Persons CNDA French National Court of Asylum (Cour nationale du droit d’asile) COI Country of Origin Information EAC European Asylum Curriculum EASO European Asylum Support Office ECRE European Council on Refugees and Exiles EMHRN Euro-Mediterranean Human Rights Network ERF European Refugee Fund EU European Union ExCom Executive Committee FGM Female Genital Mutilation FRA European Union Agency for Fundamental Rights GBV Gender-based violence IAC Immigration and Asylum Chamber (UK) LGTBI Lesbian, gay, bisexual, trans and intersex people NGO Non-Governmental Organisation OAR Spanish Office for Asylum and Refuge 6 Gender related asylum claims in Europe ____________________________________________________________________________________________ OPT Occupied Palestinian Territory OE Belgian Aliens’ Office (Office des étrangers) The French Office for the Protection of Refugees and Stateless OFPRA Persons (Office français de protection des réfugiés et apatrides) Hungarian asylum authority – the Office for Immigration and OIN Nationality PACE Parliamentary Assembly of the Council of Europe The United Kingdom Border Agency Quality Audit and Development QADT Team Romanian Immigration Office – Directorate for Asylum and RIO-DAI Integration SMB The Swedish Migration Board TC Italian Territorial Commissions UKBA United Kingdom Border Agency UNHCR United Nations High Commissioner for Refugees 7 Policy Department C: Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ EXECUTIVE SUMMARY Across the European Union, women constitute on average one in three of those applying for asylum in their own right. These are women who have been forced to flee from rape, sexual violence, torture and other human rights abuses overseas. Women and those fleeing gender-related persecution are entitled to access a fair and dignified asylum process regardless of the State in which they claim asylum. This research was conducted in response to long-standing