- Introduction
- Guidance note
- Common analysis
- General remarks
- 1. Actors of persecution or serious harm
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2. Refugee status
- Preliminary remarks
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Analysis of particular profiles
- 2.1. Persons perceived to be associated with ISIL
- 2.2. Sunni Arabs
- 2.3. Political opposition activists and protesters
- 2.4. Journalists, media workers and human rights activists
- 2.5. Deserters from armed forces
- 2.6. Individuals approached for recruitment by armed groups
- 2.7. Former Baath party members
- 2.8. Members of the Iraqi Security Forces (ISF), Popular Mobilisation Units (PMU), Peshmerga and local police
- 2.9. Individuals perceived to oppose ISIL
- 2.10. (Perceived) collaborators of Western armed forces, organisations, or companies
- 2.11. Humanitarian workers
- 2.12. LGBTIQ persons
- 2.13. Individuals perceived to transgress moral codes
- 2.14. Individuals considered to have committed blasphemy and/or apostasy
- 2.15. Religious and ethnic minorities, and stateless persons
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2.16. Women
- 2.16.1. Violence against women and girls: overview
- 2.16.2. Forced and child marriage
- 2.16.3. Female genital mutilation/cutting (FGM/C)
- 2.16.4. Women working in the public sphere
- 2.16.5. Women perceived to have transgressed moral codes
- 2.16.6. Women perceived to be associated with ISIL
- 2.16.7. Single women and female heads of households
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2.17. Children
- 2.17.1. Violence against children: overview
- 2.17.2. Child marriage
- 2.17.3. FGM/C
- 2.17.4. Child labour and child trafficking
- 2.17.5. Child recruitment
- 2.17.6. Education of children and girls in particular
- 2.17.7. Children born under ISIL who lack civil documentation
- 2.17.8. Children without a care-taker
- 2.18. Persons living with disabilities and persons with severe medical issues
- 2.19. Persons involved in and affected by blood feuds in the context of tribal conflict
- 2.20. Individuals accused of ordinary crimes
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3. Subsidiary protection
- 3.1. Article 15(a) QD
- 3.2. Article 15(b) QD
- 3.3. Article 15(c) QD
- 4. Actors of protection
- 5. Internal protection alternative
- 6. Exclusion
- Abbreviations and glossary
- Country of origin information references
- Relevant case law
Neither the Qualification Directive, nor the CJEU in its jurisprudence, have defined the terms ‘threat to (a civilian’s) life or person’.
The CJEU has held that Article 15(c) QD has an additional scope to Article 3 ECHR and, therefore, has to be interpreted independently, but with due regard to fundamental rights as they are guaranteed under the ECHR.[43]
By comparing the provisions of Article 15(a) and (b) QD, which indicate a particular type of harm, with the provision of Article 15(c) QD, the CJEU further concludes that the harm under the latter,
(...) covers a more general risk of harm. Reference is made, more generally, to a ‘threat … to a civilian’s life or person’ rather than to specific acts of violence. Furthermore, that threat is inherent in a general situation of ‘international or internal armed conflict’.[44]
Some of the commonly reported types of harm to civilians’ life or person in Iraq include killings, injuries, abductions, retaliatory violence by the armed forces, forced displacements, forced recruitment of minors, explosive remnants of war, etc.