European Journal of Migration and Law
Volume 16, Issue 4, 2014, Pages 535-558

The qualification for being a refugee under EU law: Religion as a reason for persecution (Review)

Araújo A.M.R.*
  • a Centre of Studies in European Union Law, School of Law, University of Minho, Braga, Portugal

Abstract

The Court of Justice in Y and Z deals with persecution in the form of interference in the right to practise one's religion. The main aspects of the judgment can be summarized in the following three statements: in order to be granted refugee status under EU law, only a severe violation of religious freedom can be regarded as an act of persecution; the severity of the acts of persecution must be identified on the basis of the nature of the repression inflicted on the individual and its consequences; the competent authorities cannot expect the applicant to abstain from religious practices upon the return to his country of origin. Y and Z is an undeniable reference towards the interpretation of religion-based persecution provisions of the Qualification Directive. From the perspective of religious freedom, the Court reinforces the commitment of the EU with the European and international human rights standards concerning this right. © 2014 Koninklijke Brill NV, Leiden.

Author Keywords

religious freedom recast qualification directive reason for persecution Act of persecution religious identity

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84911896562&doi=10.1163%2f15718166-12342068&partnerID=40&md5=3a0602f6f46fb90e2cd3eb0c7d345c30

DOI: 10.1163/15718166-12342068
ISSN: 1388364X
Cited by: 1
Original Language: English