The European Court of Justice ruled: – Afghan women have the right to asylum in the EU

He wanted to know whether the poor, discriminatory treatment could be seen as persecution, which justifies recognition as a refugee. Two women with Afghan citizenship turned to the administrative court after they were denied refugee status. He then ruled that the return of the Taliban in 2021 had serious consequences for 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 whether, for example, aspects other than nationality and gender should be taken into account. According to the EU judges, these points are sufficient. Some of the Taliban measures in question should themselves be classified as “persecution” because they constitute a serious violation of fundamental rights. Forced marriage was mentioned as an example.

FPÖ: Repression not only in Afghanistan
It is not necessary to prove that an asylum seeker from Afghanistan is actually threatened with persecution when she returns to her country of origin. The criticism of the European Court of Justice’s ruling came from the FPÖ. “It is clear that women are oppressed in Islamist-ruled states – and not just in Afghanistan. “But deriving from this a general right of asylum for all women proves that the ECJ is completely out of touch with the world and with its rulings is sabotaging with all its might a restrictive asylum policy based on the original idea of ​​protection in the nearest safe country,” said EU parliamentarian Petra Steger.