By 
12-10-2024
Anne-Marie Leal
Women’s Rights Researcher,
Global Human Rights Defence.
At the beginning of October 2024, the European Court of Justice delivered a landmark ruling on the status of Afghan women seeking asylum within the European Union. The court officially recognised Afghan women as a “particularly vulnerable social group,” reinforcing their eligibility for international protection under EU asylum law. This decision comes in response to the severe gender-based persecution and rights violations faced by women under the Taliban regime, which continues to impose oppressive restrictions on women’s freedoms [1].
The ECJ stated in its ruling that “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.” Instead, she added that “it is sufficient to take into account her nationality and gender alone.” [2]
This ruling follows the increasing global awareness and condemnation of the Taliban’s policies, which have been described as “gender apartheid.” The European Court’s decision reaffirms earlier actions by the United Nations and several EU member states, who have called for urgent measures to protect Afghan women. France and Germany, among others, had already begun to adjust their refugee policies to provide safe haven for Afghan women fleeing persecution [3].
The court’s decision aligns with the ongoing international response to the Taliban’s latest measures, including the infamous “vice and virtue” law enacted in August 2024. Under this law, Afghan women are prohibited from singing, reciting poetry in public, or wearing makeup. By acknowledging Afghan women as part of a vulnerable social group, the European Court has significantly bolstered the legal framework for granting asylum to those fleeing the Taliban’s draconian policies. However, even with this critical decision, the road to safety for many Afghan women remains fraught with difficulty, as they face ongoing threats from one of the world’s most oppressive regimes [4].
Sources and Further Readings :
[1] The Guardian (n.d), EU court rules gender and nationality enough to grant Afghan women asylum. Consulted on October 12th. Retrieved from https://www.theguardian.com/law/2024/oct/04/eu-court-rules-gender-and-nationality-enough-to-grant-afghan-women-asylum
[2] Negar (n.d), La justice européenne décide que toute femme afghane peut prétendre au statut de réfugié. Consulted on October 12th. Retrieved from https://www.negar-afghanwomen.org/2/la-justice-europeenne-decide-que-toute-femme-afghane-peut-pretendre-au-statut-de-refugie/
[3] CNDA, Mme O. ( July 9th, 2024), application n° 24014128. Consulted on October 12th. Retrieved from https://www.cnda.fr/decisions-de-justice/dernieres-decisions/la-cour-reconnait-l-appartenance-de-l-ensemble-des-femmes-afghanes-a-un-groupe-social-susceptible-d-etre-protege-comme-refugie2.
[4] The Guardian (August 26th, 2024), “Frightening” Taliban law bans women from speaking Consulted on October 12th. Retrieved from https://www.theguardian.com/global-development/article/2024/aug/26/taliban-bar-on-afghan-women-speaking-in-public-un-afghanistan.
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