In a significant ruling, the European Court of Justice (ECJ), the EU’s top court, declared that Afghan women can qualify for asylum based on their gender and nationality alone, due to the persecution they face under Taliban rule. This decision comes after Austria denied refugee status to two Afghan women, prompting a legal challenge that has now clarified EU asylum eligibility criteria for Afghan women.
The ECJ ruled that Afghan women face systematic discrimination under the Taliban regime, including forced marriages and inadequate protection from gender-based violence, which the court classified as “acts of persecution.” The court also stated that these discriminatory measures, such as forced marriage, are comparable to slavery and amount to inhumane treatment, emphasizing that Afghan women are uniquely vulnerable to severe rights violations simply due to their gender.
The case reached the ECJ after the Austrian Supreme Administrative Court sought guidance on whether Austria could deny asylum based on Afghan women’s gender-related persecution claims. The ECJ confirmed that specific discriminatory practices under the Taliban—such as forced marriage and a lack of legal protections—constitute persecution on their own. In cases where individual measures may not meet the threshold for persecution when assessed independently, the court ruled that these measures can collectively amount to serious breaches of fundamental rights.
Crucially, the court held that EU member states do not need to verify individual claims of persecution for Afghan women, as the systematic discrimination faced under Taliban rule is pervasive and well-documented. “It is sufficient to take into account her nationality and gender alone,” the ECJ stated, emphasizing that Afghan women are entitled to asylum on these grounds without further proof of specific threats.
This landmark decision has substantial implications for Afghan women seeking refuge in EU nations, underscoring the court’s stance that gender-based persecution under the Taliban qualifies as grounds for asylum. With this ruling, Afghan women fleeing Taliban-controlled regions may receive asylum more quickly, enhancing their access to safety and protection within the EU.
