MOTION FOR A RESOLUTION (2026/2737(RSP))
On the situation of women and girls in Afghanistan following the Taliban’s adoption of the Criminal Procedure Code for Courts
B-10-2026-0251
on behalf of the ESN Group · Rapporteur: Tomasz Froelich
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This resolution addresses the situation of women and girls in Afghanistan after the Taliban adopted a Criminal Procedure Code for Courts. It deplores restrictions on women and girls and calls on the EU to change its strategy and engage with the Taliban.¶¶¶ It notes concerns about the criminal procedure code's application and the European Court of Justice ruling on Afghan women's asylum.¶¶¶
Key points
- Deplores the situation of women and girls in Afghanistan, including denial of post-primary education, bans from public places, and employment restrictions.¶
- Notes the criminal procedure code is applied without independent courts, due process, or institutional checks.¶
- Notes the code regulates discretionary punishment (ta'zir) and expands judicial discretion in areas like women's mobility and family disputes.¶
- Notes the code's elements reflect long-standing doctrines in classical Hanafi jurisprudence predating the Taliban.¶
- Calls on the EU to change its strategy and find pathways to incentivise Taliban reforms for improving women's and girls' rights and education access.¶
- Calls on the EU to engage with the Taliban and elaborate solutions for structured returns of Afghans.¶
- Concerned about the ECJ judgment of 4 October 2024, considering it creates a 'pull effect' and unequal access to protection; rejects the court determining asylum law.¶