The Council of State has told junior justice minister Mark Harbers to rethink his decision not to give asylum to two women from Afghanistan and one from Somalia who say they are too westernised to be sent back.

A western lifestyle is not enough by definition to merit the right to asylum but it is, if this is the result of a religious or political conviction, the Council of State said in its ruling.

‘If a woman has become less or not at all religious in the Netherlands, or has come to act in a more western way out of political conviction, then they could face persecution and so have the right to asylum,’ press spokeswoman Hanna Sevenster said.

In addition, women who can no longer adapt to the way of behaving in their country of origin can also qualify for asylum, she said.

‘This could be behaviour which is totally normal in the Netherlands … such as looking straight back at men or having conversations with them – things which can get you into trouble in your country of origin.’

The council said the minister must assess each case individually on its merits. This should include evidence about how the woman behaved when she came to the Netherlands and how she has developed since then. In none of the three cases had this been done, the council said.

One woman, a 21-year-old Afghan woman who has been in the Netherlands for seven years, told broadcaster NOS earlier this year she has made her life in the Netherlands.

‘Here I can chose what I wear, what I do and who I am,’ Mohadese Moradi said. ‘I cannot do that in Afghanistan.’