Humanum overrode the rule.
The French National Asylum Court (CNDA) made a historic decision the other day. According to the decision, refugee status can be granted to all Afghan women who feel in danger in their country and/or refuse to submit to the measures taken against them by the Taliban. The judges of la Cour nationale du droit d’asile cited Taliban actions against “women’s rights and freedom” as the basis for this decision and recognized all Afghan women as a social group entitled to protection as refugees.
In the court’s announcement, the court also noted that since the Taliban took power in the Middle Eastern country in August 2021, they have continuously “violated the constitutional and fundamental freedoms of girls and women”, and also touched on the fact that unpunished domestic violence is increasing . He emphasizes: the situation of women in the country is criminal.
The July decision of the French National Asylum Court rests on a previous case of the Court of the European Union, in which the EU’s ruling panel clearly stated in its judgment: women can apply for asylum if “they are exposed to physical or mental violence in their country of origin because of their gender”.
The court statement also details that under the Geneva Convention, Taliban actions against women, such as restricting access to health and education services, free movement, and exclusion from government structures, constitute “severe discrimination” and “persecution”. virtually all Afghan women can apply for asylum in France.
The Taliban are pulling the strings
They would have every chance to do so, since in the past 6 years, more Afghans have applied for and received asylum in France than any other citizen, but the practical implementation is complicated not only for bureaucratic reasons, Afghan women are already in a vicious circle, and their escape is almost impossible.
Even though the world knows that since the Taliban took over power in 2021, discrimination against women has increased to a terrifying extent, and that they live in fear amidst the persecution of the Taliban, it is precisely the laws of the Taliban government that make it difficult to escape.
In Afghanistan, women are not only not allowed to travel – not even within the country – without a male companion, i.e. their husband, father, or brother, they are also not allowed to go out on the street alone, they can only get a passport if their husband allows it, and the same applies to travel. The husband can revoke the permit at any time without giving any reason, and he can also take away his wife’s passport at any time without any explanation. Thus, Taliban conservatism almost cemented the abolition of women’s rights and the constitution, and the international outrage, even though it is getting louder and more complex, cannot bring salvation to Afghan women in the foreseeable future, even with such a court decision.
Previously, Sweden, Denmark and Brazil also announced that they would automatically grant asylum to Afghan women, and now the CNDA has included in law that the situation of Afghan women exhausts the concept of persecution – according to the Geneva Convention.
The Taliban are going to the UN human rights conference for the first time, they have already come forward with a demand
Source: nepszava.hu
