All Afghan women, due to discriminatory measures against them by the Taliban, can obtain asylum. uniquely » on the basis of their sex and nationality, European justice ruled this Friday, October 4, seized of an Austrian case.
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According to a ruling of the Court of Justice of the European Union (CJEU), “ The competent authorities of the Member States may consider that it is not necessary to establish that the applicant actually and specifically risks being subject to acts of persecution if returned to her country of origin “. “ Mere consideration of one’s nationality and gender is sufficient. », she adds.
The court, which sits in Luxembourg, responded to a request from the Austrian Administrative Court after the refusal by the authorities to recognize the refugee status of two Afghans. Whether it is forced marriage, which is comparable to a form of slavery, or “ lack of protection against gender-based violence and domestic violence “, it is ” acts of persecution », Judges the Court. More broadly, “ the cumulative effect and the deliberate and systematic application » discriminatory measures result in “ blatantly denying fundamental rights linked to human dignity “.
Same treatment throughout the EU
If Member States remain sovereign to grant or not grant asylum, the decisions of the CJEU will set a precedent. Within theEUSweden, Finland and Denmark already grant refugee status to Afghan women. In France, the national court of asylum (CNDA) estimated in July that “ all Afghan women ” inasmuch as “ social group » were now likely to obtain asylum.
Applying Islamic law in an ultra-rigorous manner, the Taliban have since their return to power in August 2021, imposed a “ gender apartheid ”, according to the UN. Currently, Afghan women can no longer study beyond primary school, go to parks, gyms, beauty salons, or almost leave their homes without a chaperone. A recent law also prohibits them from making their voices heard in public.
Yelena Tomitch of RFI received the reaction of Shoukria Haida, feminist and president of NEGAR, an association supporting Afghan women, created in 1996, during the previous capture of Kabul by the Taliban.
“ It is a human decision to finally recognize the miseries of these women and all the difficulties they experience. At least for those who are on European territory, who were able to escape and get here. For my part, as an activist for women’s rights, as an Afghan woman, I feel the pain of these women and, myself personally, I feel insulted by what is happening in Afghanistan and this decision of the European Court, it is a way of recognizing this injustice ».
“ I am happy that there is pressure from the European Court of Justice to ask for this measure to be applied. But there are millions of women and girls today living in an open prison in Afghanistan. And it will be the same for future generations if we do nothing to get rid of the Taliban. So I launched an appeal to all people of conscience, to the authorities in France and beyond, at the level of Europe, let’s make sure we get rid of this barbarity, make sure we erase this barbarity from our planet “.
Also listenJustice recognizes “Afghan women as victims of the Taliban because they are women”, a “big step forward”