The European Court of Justice, the highest judicial authority in the European Union, has ruled that the Taliban’s discriminatory actions against women amount to persecution. The ruling came in response to a case brought by two Afghan women whose asylum requests had been denied by Austria’s immigration authorities.
According to the court’s decision, EU member states can consider gender and nationality alone when reviewing asylum requests from Afghan women. The two plaintiffs had argued in Austrian court that the oppressive conditions imposed on women under Taliban rule were sufficient grounds to prove their need for international protection.
Taliban’s discriminatory laws against women
Since the Taliban’s return to power in Afghanistan, a series of laws have been enacted that the Austrian court described as “discriminatory” with serious consequences for women’s fundamental rights. The court noted that Afghan women face the risk of persecution under the Taliban simply because of their gender.
Evaluation of asylum claims
Austria’s judiciary sought clarification from the European Court of Justice on whether these discriminatory laws could be classified as persecution, thereby justifying the granting of refugee status. The Austrian court also inquired if EU countries should consider factors beyond gender and nationality when assessing asylum claims from Afghan women.
Violation of fundamental rights
In its response, the European Court of Justice emphasized that certain actions by the Taliban represent a severe violation of fundamental rights and should be viewed as persecution. Among the cited practices were forced marriages, which the court compared to slavery, as well as the lack of protection from gender-based violence and domestic abuse—both of which could amount to inhumane and degrading treatment.
The court further underscored that these actions, due to their cumulative impact and systematic enforcement, result in the “clear denial of fundamental rights linked to human dignity.”
