- Introduction
- Guidance note
- Common analysis
- 1. Actors of persecution or serious harm
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2. Refugee status
- Preliminary remarks
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Analysis of particular profiles
- 2.1. Members of the security forces and pro-government militias
- 2.2. Government officials, including judges, prosecutors and judicial staff; and those perceived as supporting the government
- 2.3. Individuals working for foreign military troops or perceived as supporting them
- 2.4. Religious leaders
- 2.5. Members of insurgent groups and civilians perceived as supporting them
- 2.6. Persons fearing forced recruitment by armed groups
- 2.7. Educational personnel
- 2.8. Humanitarian workers and healthcare professionals
- 2.9. Journalists, media workers and human rights defenders
- 2.10. Children
- 2.11. Women
- 2.12. Individuals perceived to have transgressed moral codes
- 2.13. Individuals perceived as ‘Westernised’
- 2.14. LGBTIQ persons
- 2.15. Persons living with disabilities and persons with severe medical issues
- 2.16. Individuals considered to have committed blasphemy and/or apostasy
- 2.17. Ethnic and religious minorities
- 2.18. Individuals involved in blood feuds and land disputes
- 2.19. Individuals accused of ordinary crimes
- 2.20. Individuals who were born in Iran or Pakistan and/or who lived there for a long period of time
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3. Subsidiary protection
- 3.1. Article 15(a) QD
- 3.2. Article 15(b) QD
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3.3. Article 15(c) QD
- 3.3.1. Preliminary remarks
- 3.3.2. Armed conflict (international or internal)
- 3.3.3. Qualification of a person as a ‘civilian’
- 3.3.4. Indiscriminate violence
- 3.3.5. Serious and individual threat
- 3.3.6. Qualification of the harm as ‘threat to (a civilian’s) life or person
- 3.3.7. Nexus/’by reason of’
- 4. Actors of protection
- 5. Internal protection alternative
- 6. Exclusion
- Abbreviations and glossary
- Country of origin information references
- Relevant case law
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Please note that this country guidance document has been replaced by a more recent one. The latest versions of country guidance documents are available at https://easo.europa.eu/country-guidance. |
Article 7 QD stipulates the requirements for actors of protection:
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Article 7(1)(2) of the Qualification Directive
Actors of protection
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1. Protection against persecution or serious harm can only be provided by:
a) The State; or
b) Parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State;
provided they are willing and able to offer protection in accordance with paragraph 2.
2. Protection against persecution or serious harm must be effective and of a non-temporary nature. Such protection is generally provided when the actors mentioned under points (a) and (b) of paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, inter alia, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to such protection.
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The contents of this chapter include:
The State: outlining and analysing the capacity of the government of Afghanistan to provide protection in accordance with Article 7 QD;
Parties or organisations, including international organisations: analysing whether the Taliban could qualify as actors of protection under Article 7 QD.
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