On 4th October, the Third Chamber of the European Court of Justice in AH & FN v. Federal Office for Immigration and Asylum held that ‘gender’ and ‘nationality’ alone are sufficient grounds for a country to grant asylum to Afghan women. The ECJ also classified the discriminatory policies imposed by the Taliban regime against Afghan women as 'acts of persecution', providing grounds for refugee status recognition. Thus, in essence, the Court held that every Afghan woman is a refugee/a victim of persecution simply based on being a ‘woman’ from Afghanistan. The ECJ decision is the second ray of hope in line, considering the recent ground-breaking move by a group of countries i.e., Australia, Canada, Germany, and the Netherlands to file a case against Afghanistan before the International Court of Justice (see, Wigard’s analysis here), alleging violations of the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) over gender-based discrimination (see here), following the Taliban’s brutal repression of women and girls. In this contribution, I…
Refugee Law
Page 2 of 11
Refugees without Recognition: Climate Change and Ecological and Gender Inequality
Despite recognizing that “climate change is the defining crisis of our time,” the United Nations High Commissioner on Refugees (UNHCR) has not endorsed the concept of “climate refugees.” This lack of recognition, which extends to other international legal bodies as well as national governments, compounds the vulnerability of those displaced by climate change. In particular, it exacerbates…
To leave or not to leave? Is it time to reconsider the role of State intent within ‘constructive refoulement’?
The aim of international refugee law is ultimately to ensure those fleeing their country of origin due to persecution can seek refuge elsewhere. This is a key difference between refugees and internally displaced persons – with the former needing to flee beyond their country of origin’s borders to obtain safety. Having an “elsewhere” (i.e., another State) to flee…
Does international law prohibit ‘constructive refoulement’?
Earlier this month, the UN High Commissioner for Refugees (UNHCR) stated that 43.4 million people worldwide are refugees – many of whom flee the over 120 ongoing armed conflicts. While voluntary repatriations are the preferred durable solution for the largest number of refugees who dream of going home – in safety and dignity – one day,…
Towards an Enhanced Protection of Palestinian LGBTQ Refugees in Israel?
This blog aims to unpack a recent ruling from the Israeli district court concerning the eligibility of an LGBTQ Palestinian to seek refuge under the Refugee Convention. This issue is of tremendous importance, as LGBTQ Palestinians are a vulnerable group within the Palestinian community, in terms of social acceptance and also, at times, their personal security…