The European Court of Justice (ECJ) has ruled that gender and nationality alone are ‘sufficient’ grounds for granting asylum to Afghan women. In a landmark decision, the court stated that ‘discriminatory measures’ imposed by the Taliban on women constitute acts of ‘persecution’ that justify refugee status. This ruling allows member states to grant asylum without requiring specific proof that the applicant will personally face persecution upon return to Afghanistan.

Several countries, including Sweden, Finland, and Denmark, have already implemented this ruling by granting refugee status to all Afghan women seeking asylum. The decision comes after Austria had initially refused to grant asylum to two Afghan women who applied in 2015 and 2020, prompting them to challenge the refusal before Austria’s Supreme Administrative Court. The Austrian court subsequently referred the case to the ECJ for clarification.

The United Nations believes that since the Taliban regained power in Afghanistan in 2021, they have significantly restricted women’s rights, including banning them from schools, workplaces, and public spaces without a male guardian. The UN has condemned these ‘egregious’ laws and called on the Taliban to reverse their policies, which aim to erase women’s presence from public life.