n°24015934

In its judgment of 16 January 2024, WS (C-621/21), the Grand Chamber of the Court of Justice of the European Union held that, depending on the conditions prevailing in the country of origin, women from that country as a whole, as well as smaller groups of women sharing an additional common characteristic, may be considered as belonging to “a particular social group” as a “ground for persecution” that could lead to the granting of refugee status under Article 1(A)(2) of the Geneva Convention.

This requires that they be perceived differently by the surrounding society and be recognized as having a distinct identity within that society, due in particular to social, moral, or legal norms prevailing in their country of origin.

In decisions nos. 24014128 and 24024165 dated July 11, 2024, and April 3, 2025, respectively, the National Court of Asylum (CNDA) ruled that women, as a whole, constitute a social group in Afghanistan and Iran.

In decision no. 24015934, issued on October 16, 2025, sitting in plenary session, the CNDA noted that Somalia had not signed or ratified any international legal instrument aimed at combating gender-based discrimination and, beyond general constitutional principles, that no legislation had been developed on this matter in a context of civil war and the collapse of public institutions. It also notes that public sources highlight the discrimination faced by Somali women in their participation in public life and their access to justice, healthcare, education, and employment, as well as the widespread practice of female genital mutilation, forced marriages under customary law, and sexual and gender-based violence, particularly at the hands of the Al-Shabaab militia.

The CNDA (National Court of Asylum) infers from this complex set of legal, social, and moral norms that Somali women, as a whole, are perceived differently by the surrounding society, which encompasses Somalia as a whole. The Court considers that, under these circumstances, they must be regarded as belonging to “a particular social group.”

The Court, however, reiterates the need for an individual, case-by-case examination of the validity of the fears expressed by an asylum seeker based on her membership in the social group of Somali women.