1. An act shall be regarded as an act of persecution within the meaning of Article 1(A) of the Geneva Convention where it is:
(a) sufficiently serious by its nature or repetition as to constitute a severe violation of basic human rights, in particular the rights from which derogation cannot be made under Article 15(2) of the ; or
(b) an accumulation of various measures, including violations of human rights, which is sufficiently severe as to affect an individual in a similar manner to an act referred to in point (a).
2. Acts of persecution as qualified in paragraph 1 may, inter alia, take the form of:
(a) acts of physical or mental violence, including acts of sexual violence;
(b) legal, administrative, police 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 Article 12(2);
(f) acts of a gender-specific or child-specific nature.
3. For an applicant to meet the definition of ‘refugee’ as set out in Article 3, point (5), there shall be a connection between the reasons for persecution referred to in Article 10 and the acts of persecution as qualified in paragraph 1 of this Article or the absence of protection against such acts.
Correlation Table
| Directive 2011/95/EU | This Regulation |
| Article 9 | Article 9 |