RASC News Agency: The European Court of Justice has declared that the gender and nationality of Afghanistani women alone are sufficient grounds for asylum. The court stated that no additional documentation is required from an Afghanistani woman; her nationality alone suffices to grant asylum. The European Court of Justice emphasized that Afghanistan, under Taliban rule, is not safe for women, and returning a woman to Afghanistan would place her future at serious risk.
In its ruling, responding to a query from an Austrian court, the European Court of Justice stated that, for the assessment of an Afghanistani woman’s asylum application within European Union member states, consideration of her gender and nationality alone is sufficient. The Austrian Administrative Court referred the matter to the European Court of Justice after two Afghanistani women appealed the rejection of their asylum requests by Austrian authorities.
These two Afghanistani women argued that the situation of women in Afghanistan, in and of itself, is sufficient grounds for asylum. In response, the Austrian Administrative Court asked the European Court whether EU member states could grant asylum to an Afghanistani woman based solely on her gender. In its ruling, the European Court of Justice asserted that forced marriages, lack of protection from gender-based violence, and domestic abuse could be categorized as persecution.
The court also stated that forced marriage could be likened to slavery. Furthermore, the European Court of Justice added that other forms of oppression, such as compulsory full-body coverings, restrictions on access to education, employment, and healthcare, as well as the denial of participation in political life, can collectively be classified as persecution.
The court explained that these limitations deprive women of their fundamental rights linked to human dignity. The European Court of Justice clarified that when reviewing the asylum application of an Afghanistani woman, it is unnecessary to prove that she faces specific and direct threats of persecution if she returns to her country. Merely considering her gender and nationality is sufficient.
