“All Afghan women” could be considered refugees, a first

4 min

For France, ” Afghan women and girls as a whole are perceived differently by Afghan society ” And ” must be considered as belonging to a social group eligible for protection as a refugee “, decided the judges of the National Court of Asylum Law (CNDA), according to a statement.

This decision has a strong symbolic significance in facilitating their protection. This is a first, because until now, ” no social group of women[était] recognized “, the CNDA says. In short, the simple fact of being a woman or a young girl in Afghanistan should allow one to obtain refugee status in France, the court believes.

The Taliban, since their return to power in August 2021, have “ door reached ” to ” fundamental rights and freedoms of Afghan women and girls, in particular by excluding them from the provisional government, […] as well as by calling into question their right to health, education and their freedom of movement “, notes the French Court. These ” serious discriminatory measures » constitute « acts of persecution ” within the meaning of the Geneva Convention,” she continues, also relying on the reports of the United Nations High Commissioner for Human Rights.

This body rules on appeals lodged by foreigners whose asylum applications in France have been rejected at first instance by the French Office for the Protection of Refugees and Stateless Persons (OFPRA).

Read alsoBeing a Woman in Taliban Afghanistan

In Francethe right to asylum is based primarily on the 1951 Geneva Convention relating to the Status of Refugees. Article 1 of this international convention, adopted in the post-war period, provides that ” the term “refugee” will apply to any person […] well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion “.

It is up to the judges to define what constitutes a ” social group “, less defined than religion or political opinions. The CNDA already recognizes the existence of a ” social group ” in the case of homosexuals in certain countries – such as Mali, Tunisia or Egypt. She also considers it for women wanting to escape a forced marriage – in the case of Mali, Mauritania, Guinea, Burkina Faso, among others -, as well as for women at risk of excision, as in Egypt or Cameroon, among others.

Until now in France, only women fleeing a forced marriage, young girls fearing excision or women who had escaped from a prostitution network could benefit from the protection of the Geneva Convention. This is due to their belonging to a ” certain social group “.

” Standardize case law for the years to come »

In addition to this question of principle, the issue of women is the subject of three other cases of the CNDA judges, examined on June 14. They concern an Afghan woman referring to the loss of rights since the Taliban came to power in 2021, an Albanian woman fearing domestic violence and a Mexican woman sexual violence. She will rule on these three cases separately. But the question may subsequently be asked for other countries, she indicates.

“ This will standardize case law for the years to come, because the decisions of the Court in full formation are binding on all trial formations and on Ofpra. “, they explain at the CNDA.

The case law of the Court of Justice of the European Union (CJEU) paved the way for such a decision on 16 January 2024. Women, as a whole, can be seen as belonging to a social group ” and thus claim refugee status if ” In their country of origin, they are exposed, because of their gender, to physical or mental violence, including sexual and domestic violence “, according to the ruling of the CJEU.

L’Afghanistan has been the leading country of origin for asylum seekers in France for the past five years: 17,103 first asylum applications were filed in 2022, or 15% of the total, according to Ofpra.

Read alsoAfghans are the ones who most demand asylum in France