Gender Equality: Recent Reactions From the CJEU in the Context of the Right to Asylum - Afghan Women’s Case law and the new Taliban Regime

Authors

DOI:

https://doi.org/10.34190/icgr.8.1.3400

Keywords:

gender equality, discrimination, Court of Justice of the European Union, refugees, Afghan women

Abstract

Asylum seekers present their cases in words, but within those words lie the human stories of suffering. Forced to flee, they seek a common space of protection, values, and solidarity in the European Union. To be granted an international protection they must meet legal requirements, demonstrating a causal link between their claimed reasons and the persecution they have suffered or fear suffering. In a Europe where equality is a fundamental value and part of the European soul, it is worth asking whether this gender-based discrimination could be a reason for persecution and justify the right to asylum. This study examines the Court of Justice of the European Union's (CJEU) response to pressing issue concerning Afghan women seeking refuge.

Author Biographies

Dora Resende Alves, Universidade Portucalense Infante D. Henrique

Associate Professor at Department of Law Universidade Portucalense (UPT). PhD from University of Vigo (Spain) and Master in Law from University of Coimbra. Author of books and scientific articles. Thesis advisor. Reviewer of scientific journals. Researcher at the Portucalense Legal Institute (IJP). Deputy editor of Portucalense Law Journal.

Fátima Pacheco, ISCAP, Polytechnic of Porto

PhD in Law (Legal-Political Sciences) from Faculty of Law of Portuguese Catholic University; Adjunct Professor at ISCAP (Polytechnic of Porto); Member of JusGov (University of Minho), Human Rights group, CEI and CEOS (ISCAP). Author of books and scientific articles. Thesis advisor. Reviewer of scientific journals.

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Published

2025-04-04