Asia

The CJEU endorses that Afghan women do not have to prove a risk of persecution to receive asylum in the EU

The CJEU endorses that Afghan women do not have to prove a risk of persecution to receive asylum in the EU

BRUSSELS 4 Oct. (EUROPA PRESS) –

The Court of Justice of the European Union declared this Friday that the risk of persecution faced by Afghan women is sufficient reason to consider processing asylum in the European bloc, so it is not necessary to prove anything other than their sex and nationality. .

In a ruling, the European Court emphasizes that the competent authorities of the Member States may consider that it is not necessary to prove that applicants run an effective and specific risk if they return to their country of origin. “It is enough to take into consideration their nationality and sex,” he emphasizes.

The CJEU points out that some of the measures approved by the Taliban regime within the framework of its repressive regulations against women and girls “must be considered in themselves acts of persecution”, since they represent a serious violation of a fundamental right.

He gives as examples forced marriage or the lack of protection against gender violence and domestic violence. In this sense, the ruling indicates that, as a whole, the measures in force in Afghanistan constitute acts that violate fundamental rights “due to their cumulative effect and their deliberate and systematic application” and “lead to a flagrant denial of the fundamental rights linked to human dignity”.

This case arises from the complaint of two Afghan women who appealed to the Austrian Supreme Court against the authorities’ decision not to recognize their refugee status. The complainants argued that the situation of women in the new Taliban regime justifies, in itself, the granting of asylum.

Source link

Tags