ECJ Rules Afghan Women Eligible for Asylum Based on Gender and Nationality

The European Court of Justice (ECJ) ruled that gender and nationality alone are sufficient grounds for granting asylum to Afghan women, given the Taliban’s severe restrictions on women’s rights, VOA reported recently.

This decision arose from cases involving two Afghan women who were denied refugee status in Austria, prompting them to appeal to the Austrian Supreme Administrative Court, which sought guidance from the ECJ.

The court emphasized that it is unnecessary to prove specific risks of persecution upon return to Afghanistan; nationality and gender are adequate considerations for asylum eligibility. Since the Taliban regained power in 2021, they have imposed stringent laws limiting women’s freedoms, including education and employment.

One woman, referred to as AH, fled Afghanistan at a young age due to her father’s drug addiction, while the other, FN, was born in Iran and lived there without legal status, facing barriers to education and work. The ruling highlights the urgent need for protective measures for Afghan women amid ongoing human rights violations.