All Afghan women, due to discriminatory measures against them by the Taliban, can obtain asylum “solely” on the basis of their sex and nationality, European justice ruled on Friday, hearing an Austrian case.
“The competent authorities of the Member States may consider that it is not necessary to establish that the applicant actually and specifically risks being the subject of acts of persecution in the event of return to her country of origin”, according to a judgment of the Court of Justice of the European Union (CJEU).
“Just taking into consideration one’s nationality and gender is sufficient,” she adds.
The court, which sits in Luxembourg, responded to a request from the Austrian Administrative Court after the refusal by the authorities to recognize the refugee status of two Afghan women.
Whether it is forced marriage, which is comparable to a form of slavery, or the “lack of protection against gender-based violence and domestic violence”, these are “acts of persecution », Judges the Court.
More broadly, “the cumulative effect and the deliberate and systematic application” of discriminatory measures result in “a blatant denial of fundamental rights linked to human dignity”.
If Member States remain sovereign in granting or not granting asylum, the decisions of the CJEU will set a precedent.
Within the EU, Sweden, Finland and Denmark already grant refugee status to Afghan women.
In France, the National Court of Asylum (CNDA) ruled in July that “all Afghan women” as a “social group” were now eligible to obtain asylum.
Applying Islamic law in an ultra-rigorous manner, the Taliban have since their return to power in August 2021 imposed “gender apartheid”, according to the UN.
Currently, Afghan women can no longer study beyond primary school, go to parks, gyms, beauty salons, or almost leave their homes without a chaperone. A recent law also prohibits them from making their voices heard in public.