Historic Ruling in Europe: Citizenship and Gender Alone Are Sufficient for Granting Asylum to Afghan Women

The European Court of Justice has ruled that in light of the Taliban's treatment of women, "gender" and "nationality" alone are sufficient for granting asylum to Afghan women. This historic ruling, issued on Friday, October 5, is the result of a complaint by two Afghan women in the European Union's Supreme Court, whose asylum requests were rejected by Austria in 2015 and 2020. The court stated that for Afghan women, "proving that the applicant would be genuinely and specifically persecuted upon return to their country of origin is not necessary." The ruling emphasized that "considering only nationality and gender" is "sufficient" for Afghan women applying for asylum in European countries, as the Taliban's discriminatory actions against women constitute "persecution." Reuters reported that it could not reach the Austrian Ministry of Interior for comment on this ruling. One of the women, referred to in court documents as "H," fled Afghanistan to Iran with her mother and sisters at the age of 13 or 14 after her addicted father attempted to sell her to fund his addiction. The second woman, referred to as "F.Nun," was born in 2007 and has never lived in Afghanistan. She and her family lived in Iran without residency permits, had no proper jobs, and could not attend school. She told the court that if she returned to Afghanistan as a woman, she would be at risk of being kidnapped, unable to go to school, and might not be able to support herself without her family. Both women traveled from Iran to Austria and applied for asylum there. This ruling from the highest judicial authority in Europe regarding asylum for Afghan women is considered a significant step in supporting their rights in the international community and clearly affirms the pressures the Taliban imposes on women in Afghanistan. Since the Taliban, an Islamist group, took power in Afghanistan in 2021, women's rights, including in education, work, and public independence in daily life, have been severely restricted. In late August of this year, Mullah Hibatullah Akhundzada, the leader of the Taliban, issued new laws under the title "Promotion of Virtue and Prevention of Vice" for the Taliban government to implement, which includes restrictions on women's voices and appearances. Article 13 of the new law announced by the Taliban's Ministry of Justice mandates that women cover their entire bodies, and according to this law, "due to fear of sedition, it is necessary for women to cover their faces." The law also states that a woman's voice, even if reciting the Quran, is considered "nakedness" and is against Islamic law and prohibited. Restrictions on women in Afghanistan continue amid calls from international organizations, including the United Nations and human rights organizations, to repeal laws that seek to turn women in this country into "shadows." The Taliban government has stated that criticism of its laws is a criticism of Islam and is punishable.