Public and Private International Law Bulletin

The 1951 Geneva Convention Relating to the Status of Refugees constitutes a fundamental binding source within the international protection regime under international law. This qualification makes the Convention the primary legal framework for addressing gender-based persecution, and the refugee status remains the main instrument offering international protection to individuals subjected to such persecution. However, the fact that the criteria stipulated in the Geneva Convention of 1951 have not been expanded normatively and that human rights conventions guaranteeing fundamental rights and freedoms do not specifically establish a distinct protection status has led to the creation of complementary/subsidiary protection statuses. These are particularly relevant for individuals who fall outside the formal definition of a refugee yet still face gender-based persecution. This study focuses on the protection statuses provided under international law and Turkish law in cases of gender-based persecution. It specifically evaluates the 1951 Geneva Convention, the 1967 Protocol Relating to the Status of Refugees, UNHCR practises guiding the implementation of these instruments, and the European Union Qualification Directive (2011/95/EU), which includes complementary protection. These legal frameworks are assessed in the context of Turkish legislation, providing a comprehensive overview of the protection regimes in place.