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COUNCIL DIRECTIVE 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted

1.   Acts of persecution within the meaning of article 1 A of the Geneva Convention must:

(a)

be sufficiently serious by their nature or repetition as to constitute a severe violation of basic human rights, in particular the rights from which derogation cannot be made under Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or

(b)

be an accumulation of various measures, including violations of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).

2.   Acts of persecution as qualified in paragraph 1, can, inter alia, take the form of:

(a)

acts of physical or mental violence, including acts of sexual violence;

(b)

legal, administrative, police, and/or judicial measures which are in themselves discriminatory or which are implemented in a discriminatory manner;

(c)

prosecution or punishment, which is disproportionate or discriminatory;

(d)

denial of judicial redress resulting in a disproportionate or discriminatory punishment;

(e)

prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling under the exclusion clauses as set out in Article 12(2);

(f)

acts of a gender-specific or child-specific nature.

3.   In accordance with Article 2(c), there must be a connection between the reasons mentioned in Article 10 and the acts of persecution as qualified in paragraph 1.


Article 9 – Y & Z C-71/11 & C-99/11
Article 9 §1 – X, Y & Z C-199/12
Article 9 §2 – Sheperd C-472/13
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