On October 4, 2024, the Court of Justice of the European Union (CJEU) ruled [3] that the Taliban's discriminatory measures against women in Afghanistan constitute "acts of persecution" justifying the recognition of refugee status. The ruling comes in response to Austria's refusal to recognize the refugee status of two Afghan women. The two women contested the denial before the Austrian Supreme Administrative Court, which subsequently sought a ruling from the CJEU. The Court's judgment recognizes that some of the restrictions imposed by the Taliban, such as forced marriage and the lack of protection against gender-based violence, amount to persecution as they severely breach the fundamental human rights of Afghan women.

In its decision, the Court specifies that forced marriage is comparable to slavery, while inadequate protection from gender-based and domestic violence constitutes inhuman and degrading treatment. Additionally, the Court held that other Taliban-imposed restrictions—such as limits on women's freedom of movement, access to education, employment, and healthcare—when considered together, amount to persecution due to their cumulative impact and systematic application. This recognition reflects the deliberate and blatant denial of women's fundamental rights under the Taliban regime.

The Court clarified that EU member states do not need to prove that an individual Afghan woman would specifically face persecution upon returning to Afghanistan. Instead, the mere fact of being a woman of Afghan nationality under the Taliban regime is sufficient grounds for considering her eligible for refugee status.

Since the Taliban regained control in Afghanistan in 2021, they have significantly curtailed women's rights [4], imposing restrictions on education, employment, and overall autonomy. In August, the Taliban introduced an extensive set of rules [5] regulating morality, which included mandatory dress codes, the stipulation that women must have a male guardian, and the segregation of men and women in public spaces. The Court’s ruling highlights its acknowledgment of this harsh reality faced by Afghan women and underscores the need for international protection.