France - CNDA, 23 April 2008, Miss N., n°574495
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What was at stake
EDAL summary. Women who are subjected to the norms and customary laws of FGM and forced marriage in rural areas in Nigeria cannot avail themselves of the protection of the State authorities, and their attitude is p...
What the court decided
The CNDA held that women in rural Nigeria who are subjected to female genital mutilation (FGM) and forced marriage form a particular social group under Article 1A(2) of the 1951 Refugee Convention, because they cannot obtain effective state protection and are treated as transgressors by their community. The Court further ruled that internal relocation within Nigeria is not a reasonable alternative, as the applicant’s social and familial constraints would prevent her from marrying another person and thus from leading a normal life elsewhere. Consequently, the applicant’s fear of persecution was deemed well‑founded and refugee status was granted.
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