Two young Iraqi women who have lived in the Netherlands since 2015 but whose claim for refugee status was rejected, can be given leave to stay because they have adopted the norms, values and conduct of young people of their age, the European Court of Justice ruled this week. 

The young women claim that if they return to Iraq, they would be unable to conform to the norms of a society that does not afford women and girls the same rights as men. They also said they fear being exposed to a risk of persecution if they were forced to return.

After their case was rejected by the Dutch immigration service, the young women went to court in the Netherlands and that court, in turn, referred the case to the ECJ.

The Dutch court wanted to know if the young women were covered by a directive on the risk of persecution on the grounds of race, religion, nationality, political opinion or membership of a particular social group.

The ECJ said In its judgment, that women, including minors, who have genuinely come to identify with the fundamental value of equality between women and men can be regarded as belonging to a ‘particular social group’.

This, the court said, would constitute a ‘reason for persecution’ and could therefore be grounds for granting the young women refugee status.

In addition, the court said, a long stay in an EU member state may be taken into account, especially where it coincides with a period during which an applicant who is a minor has formed his or her identity.

The case has now been referred back to the Dutch legal system, which will now decide how to interpret the findings.