The Court of Justice of the European Union rules that all Afghan women can apply for asylum
On Friday, the Court of Justice of the European Union (CJEU) ruled on a case from Austria, stating that all Afghan women can be granted asylum solely based on their gender and nationality due to the discriminatory measures enforced by the Taliban against them.
In the court’s ruling, it is stated that the competent authorities of member countries can consider that it is not necessary to prove that the applicant is genuinely and specifically at risk of persecution upon returning to their country of origin; considering the applicant’s nationality and gender is sufficient.
This court ruling, based in Luxembourg, was issued after Austrian authorities refused to recognize the asylum status of two Afghan women.
The court declared that any action from forced marriage, which is comparable to a form of slavery, to lack of protection against gender-based violence and domestic violence, are all considered as forms of persecution.
