France Announces Asylum for Afghan Women on July 11

Until now, France has granted asylum to women and girls fleeing forced marriages, female genital mutilation, or prostitution networks or who are under threat due to their membership in a social group

According to Mohajir Times, quoting infomigrants, the French National Asylum Court (CNDA) has announced a historic new decision that Afghan women fleeing the Taliban regime and facing oppression as part of the “social group of Afghan women” can now benefit from asylum rights in France.

In its latest ruling, published on Thursday, July 11, 2024, the French National Asylum Court stated that “all Afghan women” who flee Afghanistan due to the Taliban’s discriminatory actions against them “can be protected as a social group, recognized as refugees.”

The court ruling highlights that Afghan society treats women and girls differently. Since the Taliban regained power in August 2021, they have violated the “fundamental rights and freedoms of Afghan women and girls.” The court noted that women have been deprived of participation in governance, access to healthcare, education, free movement, and the right to leave their homes and work in governmental and non-governmental organizations. It declared that these “discriminatory actions” are considered “oppressive” under the provisions of the Geneva Convention.

The 1951 Geneva Convention stipulates that individuals facing threats and oppression due to “race, religion, nationality, social group, or political opinion” are eligible for asylum. The French National Asylum Court referenced a ruling dated January 16 from the European Court of Justice, which stated that “women can be considered members of a social group” and can apply for asylum if they face “physical, mental, and psychological violence” due to their gender in their home country. In November 2023, the European Court of Justice assessed that Afghan women could be eligible for asylum based on their gender.

Gender-based Oppression

French asylum court officials stated that this is the first time France has recognized “the social group of women based on gender” and that other countries will face similar questions in the future. Until now, France has granted asylum to women and girls fleeing forced marriages, female genital mutilation, or prostitution networks or who are under threat due to their membership in “a social group.”

Delphine Rouille, General Director of the organization “France Land of Asylum,” told the French news agency: “We were awaiting such a decision and have been advocating for two years for France to provide protection to Afghan women, as they are oppressed because of their gender.” She expressed hope that the court’s decision would pave the way for a program to welcome Afghan women. For the past five years, Afghan asylum seekers have constituted the largest group of asylum seekers in France. In 2022, Afghans submitted 17,103 asylum applications in France, representing 15% of the country’s total number of asylum seekers.

Since the fall of Kabul to the Taliban until July 2023, France has evacuated 15,769 individuals from Afghanistan. Last year, an association for welcoming Afghan women, based on a legal assessment by the European Court of Justice, declared that Afghan women could be eligible for asylum based on their gender. The organization strongly criticized France for leaving women, including unaccompanied women, unsupported. #mohajirtimes

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