The Court of Justice of the European Union stated that all Afghan women can seek asylum.
The CJEU ruled on cases from Austria on Friday, stating that all Afghan women can seek asylum solely based on their gender and nationality due to discriminatory actions by the Taliban against them.
The court’s ruling mentioned that authorities of member countries can consider this without the need to prove that the applicant would actually be at risk of harm and persecution if returned to their country of origin; considering only the nationality and gender of the applicant 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 of forced marriage akin to a form of slavery, as well as lack of protection against gender-based violence and domestic violence, all constitute instances of harm and persecution.
