EU court rules Afghan women can claim asylum based on nationality alone; no proof of persecution needed

The European Court of Justice (ECJ), the highest court in the European Union, ruled on Friday (Oct 4) that any EU country can grant asylum to Afghan women based solely on their nationality and gender.

In Austria, authorities denied asylum to two Afghan women who had applied in 2015 and 2020. These women appealed the decision to the Austrian Supreme Administrative Court, which then requested a ruling from the ECJ.

ECJ: Nationality and gender sufficient; proof of specific persecution not required

"It is unnecessary to establish that there is a risk that the applicant will actually and specifically be subject to acts of persecution if she returns to her country of origin," said ECJ in its ruling. It added, "It is sufficient to take into account her nationality and gender alone."

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Taliban crackdown on women's rights

This ruling follows the harsh restrictions imposed on women by the Taliban since they seized control of Afghanistan in 2021.

Since the Taliban's return to power in Afghanistan, they have significantly restricted women's rights, limiting their access to education, employment, and overall freedom. The United Nations human rights chief has urged the Taliban to overturn laws he described as "egregious," saying they aim to reduce women to a shadow.

Who are the two plaintiffs in the case?

One of the women in the case, referred to as AH in the court documents, escaped Afghanistan to reach Iran with her mother and sisters when she was about 13 or 14. She fled after her father, who struggled with drug addiction, attempted to sell her to support his habit.

The second woman, referred to as FN, was born in 2007 and has never lived in Afghanistan. She and her family had been living in Iran without legal residency, which meant they couldn't work, and she was unable to attend school. FN left Iran and applied for asylum in Austria.

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“She (FN) said that if she returned to Afghanistan, as a woman she would be at risk of abduction, would be unable to attend school and might be unable to support herself without her family there,” an ECJ case document said.

Several EU nations, including Sweden, Finland, and Denmark, already provide refugee status to Afghan women under these conditions, according to reports.

(With inputs from agencies)