El derecho de asilo en los casos de trata con fines de explotación sexual: análisis jurisprudencial desde una visión sensible al género

Abstract

Law 12/2009 of October 30, regulating the right to asylum and subsidiary protection introduces persecution on grounds of gender as a reason for persecution for the recognition of the right to asylum. In particular, this article incorporates the following paragraph in article 7: «Likewise, depending on the prevailing circumstances in the country of origin, people fleeing from their countries of origin are included due to well-founded fears of persecution for reasons of gender and, or, age, without these aspects alone can give rise to the application of this article». For its part, article 46 of the same legal body recognizes victims of trafficking for the purpose of sexual exploitation as beneficiaries of international protection. Well, in the framework of the Council of Europe Convention on the prevention and fight against violence against women and domestic violence, made in Istanbul on May 11, 2011 and, specifically, within the framework of articles 3, 60 and 61 of said legal text, this work analyzes the terms of the application and normative interpretation in terms of asylum at the jurisprudential level in cases of persecution for reasons of gender and, specifically, in cases of trafficking for the purpose of sexual exploitation. Specifically, the analysis focuses on the judgments of the Supreme Court (Contentious-Administrative Chamber) in appeals of cassation before administrative decisions denying asylum in cases of trafficking for the purpose of sexual exploitation. It seeks to determine (1) the terms in which the norm is interpreted and/or applied as regards asylum application and/or subsidiary protection in the cases outlined above, (2) the reasons and / or reasons for the denial of asylum and/or justification and (3) the possible evolution and/or change of criteria from the point of view of a gender-sensitive interpretation by virtue of the provisions of the Istanbul Convention. The ultimate purpose of this study is to reflect critically on proposals for improvements in the approach to this type of case, taking into account the current regulatory framework and/or, where appropriate, the evaluation of proposals for legislative changes in order to guarantee regulatory effectiveness in this area. of protection and protection of the rights of women victims of trafficking for the purpose of sexual exploitation.