Tarz Press: The European Court of Justice (CJEU) recently issued an unprecedented ruling, declaring that for EU member states, Afghan women’s nationality and gender alone are sufficient grounds to grant them asylum. This historic decision is a beacon of hope, especially for women who are severely oppressed by the Taliban regime.
With this ruling, Afghan women no longer need to prove a specific and tangible threat upon their return to Afghanistan; simply being a woman in the current circumstances of Afghanistan is considered enough to grant asylum. The decision was made in response to the cases of two Afghan women who had their asylum requests denied in Austria and then appealed to the country’s Supreme Administrative Court. This court referred the matter to the highest judicial body in Europe, which ultimately ruled that Afghan women’s gender and nationality alone are enough to qualify them for asylum across all EU member states. By recognizing the Taliban’s discriminatory practices and restrictions on women as “persecution,” the court has paved the way for broader protection of Afghan women.
The Dire Situation for Women under the Taliban
Since the Taliban’s return to power in 2021, Afghan women have faced severe restrictions and systematic oppression. The Taliban have imposed widespread bans on women’s rights to education, employment, social freedoms, and even basic individual rights. From the closure of girls’ schools to the prohibition of women working in governmental and non-governmental offices, all actions have been aimed at suppressing and isolating Afghan women.
In reality, the Taliban regime is striving to erase women from all aspects of society. Citing narrow interpretations of Sharia law, the Taliban have stripped women of their fundamental rights, completely blocking their access to basic human rights. This regressive ideology not only deprives women of their rights but also creates an unequal and backward society that halts Afghanistan’s growth and development.
Implications of the European Court’s Ruling for Afghan Women
The European Court of Justice’s ruling offers multiple benefits for Afghan women. Firstly, it provides Afghan women seeking asylum in European countries with the reassurance that they no longer need to prove a direct and specific threat if they were to return to Afghanistan. This change relieves women of the complex burden of proving individual threats and simplifies the process for them to gain asylum.
Secondly, the ruling acknowledges the global recognition of the Taliban’s systematic oppression of women. This will help strengthen international efforts to oppose the Taliban and support the rights of Afghan women. The consequences of this ruling could put more pressure on Western governments to impose sanctions and take further actions against the Taliban to force them to change their anti-women policies.
Thirdly, this decision by the European Court of Justice is a significant step forward in promoting global human rights. Supporting Afghan women, who are among the most oppressed groups in the world, is a clear example of Europe’s commitment to human values and principles of human rights. This decision may lead to similar policies in other countries and ensure greater protection for oppressed women worldwide.
Similar Progress in Other European Countries
Previously, countries like Sweden, Finland, and Denmark had granted asylum to Afghan women without requiring specific evidence of direct threats. This progressive approach, now officially endorsed by the European Court of Justice, could serve as a model for other EU member states and create better conditions for Afghan women.
The ruling by the European Court of Justice reflects European countries’ strong commitment to supporting women’s rights in the face of Taliban oppression. This historic decision allows Afghan women to seek asylum solely based on their gender and nationality, without needing to prove a particular and direct risk of returning to Afghanistan. This ruling not only offers Afghan women new hope for a better future in European countries, but also serves as a strong critique of the Taliban regime and its repressive policies. From this perspective, the decision could mark a turning point in global efforts to confront the Taliban and protect women’s rights.
