ECJ ruled:

Afghan women have the right to asylum in the EU

Women are oppressed by Taliban fighters in Afghanistan (archive photo).

(Bild: APA/AFP/HECTOR RETAMAL)

According to the European Court of Justice (ECJ), the difficult situation for women in Afghanistan is sufficient reason to grant them asylum. The Austrian Administrative Court had previously turned to its colleagues in Luxembourg.

It wanted to know whether the poor, discriminatory treatment can be regarded as persecution that justifies recognition as a refugee. Two women with Afghan citizenship had appealed to the Administrative Court after they were not granted refugee status. The court then ruled that the return of the Taliban in 2021 had a serious impact on the fundamental rights of women in Afghanistan. Restrictions on freedom of movement or forced marriages should be seen as discrimination.

However, it was not clear, for example, whether aspects other than nationality and gender had to be taken into account. According to the EU judges, these points are sufficient. Some of the Taliban's measures in question are to be classified as "persecution" in themselves, as they constitute a serious violation of fundamental rights. Forced marriage was cited as an example.

Women's rights demonstration in Kabul (archive photo)

(Bild: AFP)

FPÖ: Oppression not only in Afghanistan
It is not necessary to prove that an applicant from Afghanistan is actually at risk of persecution on her return to her country of origin. Criticism of the ECJ ruling came from the FPÖ. "It is obvious that women are oppressed in Islamist-ruled states - and not only in Afghanistan. However, to derive a general right of asylum for all women from this proves that the ECJ is completely out of touch with the world and is using its rulings to sabotage a restrictive asylum policy based on the original idea of protection in the nearest safe country," said MEP Petra Steger.

The SPÖ, on the other hand, expressed its approval. "Today, a groundbreaking decision was made for women's rights worldwide. Granting Afghan women the right to asylum in the EU is the right step to send a signal against the recent anti-feminist and explicitly misogynistic structures in the country and to offer women the protection they urgently need (...)", said Elisabeth Grossmann MEP.