The grant of right of asylum on the grounds of gender

[Commentary on the Judgment of the Supreme Court, Division of Administrative Litigation, Third Section, from June 15, 2011, rec. no. 1789/2009]

Abstract

The Division of Administrative Justice recognizes the right of asylum on the grounds of gender violence to an Algerian woman. Given the reality of abuse and its extension in time is based on fear and the real risk of inhuman or degrading treatment. Therefore, the return to social and family environment that has led to this situation is a clear indication that the physical and moral integrity may be affected again in the future through serious actions that were not adequately prevented by the authorities of the country of origin, which dispensed the appropriate protection to the applicant and his family, which may determine a serious attack on his integrity and moral dignity conferred by Article 15 of the Spanish Constitution.