Glossary
The EMN Glossary – as one of the key products of the EMN - improves comparability by enabling a common understanding and use of terms and definitions relating to asylum and migration. The Glossary draws on a variety of sources, but primarily on the legislation of the EU asylum and immigration acquis, and makes terms available in the majority of EU Member State languages.
The online version is regularly updated and available in various languages.
- BG: действие на преследване
- CZ: akt pronásledování
- DE: Verfolgungshandlung
- EE: tagakiusamisakt
- EN: act of persecution
- ES: actos de persecución
- FI: vainoksi katsottavat teot
- FR: actes de persécution
- GA: gníomh géarleanúna (iolra: gníomhartha géarleanúna)
- GR: πράξεις δίωξης
- HU: üldöz(tet)ésnek minősülő cselekmények
- IT: atti di persecuzione
- LT: persekiojimo veiksmas
- LV: vajāšanas darbība
- MT: Att ta’ persekuzzjoni
- NL: daden van vervolging
- NO: forfølgelseshandlinger (b) / forfølgingshandlingar (n)
- PL: prześladowanie
- PT: actos de perseguição
- RO: act de persecutie
- SE: förföljelse
- SK: čin prenasledovania / akt prenasledovania
- SL: dejanje preganjanja
Definition
In the global context, acts of human rights abuses or other serious harm, often, but not always, with a systematic or repetitive element.
In the EU context and within the meaning of Art. 1A of the Geneva Refugee Convention and Protocol, acts which are
(a) 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 Art. 15(2) of the European Convention on Human Rights; or
(b) an accumulation of various measures, including violation of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).
In the EU context and within the meaning of Art. 1A of the Geneva Refugee Convention and Protocol, acts which are
(a) 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 Art. 15(2) of the European Convention on Human Rights; or
(b) an accumulation of various measures, including violation of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).
Broader
persecution
Comments
According to Directive 2011/95/EU (Recast Qualification Directive), acts of persecution 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 within the scope of the grounds for exclusion as set out in Art. 12(2);
(f) acts of a gender-specific or child-specific nature.
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 within the scope of the grounds for exclusion as set out in Art. 12(2);
(f) acts of a gender-specific or child-specific nature.