Women constitute an example of a subset of individuals defined by innate and immutable characteristics and are often treated differently from men. In this sense, they can be considered a particular social group;
- Factors that may distinguish women as targets of traffickers are generally related to their vulnerability in certain social contexts; therefore, some subsets of women may also constitute particular social groups. Belonging to such a social group could be one of the factors contributing to an individual's fear of persecution, for example through sexual exploitation, as a consequence of being, or fearing to become, a victim of trafficking;
- Those who have previously been victims of trafficking could also be considered a social group based on the immutable, common, and historical characteristic of having been trafficked. Furthermore, a society may, depending on the context, recognize people who have been trafficked as a distinguishable group within that society.
The applicant, therefore, is exposed to a specific risk, linked to gender, arising from the widespread phenomenon of human trafficking for sexual purposes in her country of origin, constituting an act of persecution based on membership of a particular social group. Consequently, the main application must be granted, and the applicant is to be recognized as a refugee under Article 1A of the Geneva Convention.
Project funded by the European Union's Citizens,