What Does the Ruling Mean?
The ECJ has ruled that:
- The Taliban’s policies towards women are a form of persecution because they systematically violate human dignity and fundamental rights.
- Individual assessment is still required, but gender alone is a key factor in granting protection.
- Afghan women should not face unnecessary bureaucracy or long asylum procedures, as their need for protection is obvious.
But Not All EU Countries Are Implementing It
Six months after the ruling, it is clear that not all EU countries are following it. Some countries delay asylum procedures and force women through absurd bureaucratic processes, or even threaten deportations. That’s why I asked in the hearing:
- Which EU countries are not applying the ruling?
- What reasons do they give?
Are there consequences for countries that ignore it?
The European Commission’s response: It is still too early to answer these questions, but in Germany, for example, the protection rate for Afghan women has increased from 30% to 93%. You can watch the full hearing here.
We cannot allow Afghan women to suffer from this uncertainty. The EU has to ensure that all Member States follow their obligations. Fully enforcing this ruling would not only provide protection for thousands of women but also make asylum procedures fairer and more efficient.
