By John Q. Hosedrinker 
In a significant legal development, five women who were subjected to invasive strip searches at Doha airport have gained the right to pursue legal action against Qatar Airways and the airport operator. The women, who were removed from a Qatar Airways flight in October 2020 after a newborn baby was found, had initially sought damages for assault and false imprisonment. While the initial court dismissed the claims, the Full Federal Court overturned the decision, allowing the case against Qatar Airways and the airport operator, MATAR, to proceed, citing that the circumstances surrounding the searches fell within the scope of embarking or disembarking operations. The court, however, upheld the dismissal of the case against the Qatar Civil Aviation Authority.
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Women win right to sue Qatar Airways over strip searches before Sydney-bound flight, and it’s hard not to feel a visceral reaction to the situation. More than a dozen women were pulled off a Qatar Airways flight headed to Sydney and forced to undergo intrusive physical examinations on the tarmac. The catalyst? The discovery of a newborn baby in a toilet cubicle at Hamad International Airport. It’s absolutely appalling to think about the violation of privacy and the trauma these women endured.
The situation quickly escalated into an international incident. Airport security, in a moment of panic, essentially deputized female medical staff, who then began pulling female passengers of childbearing age off of nearby flights. They were taken to a private room and subjected to these examinations, repeatedly asked to show their genitals and underwear with very little explanation. The fact that this was done without consent is completely unacceptable. It’s even more shocking that the authorities were, at the time, focused on trying to identify the baby’s mother before she left the country, a task they eventually failed at. They later discovered the mother had already departed.
The legal repercussions for the airport workers involved were swift. The Qatari government filed criminal charges against the security workers involved, who now face the threat of imprisonment. Meanwhile, the women who were subjected to these examinations initiated legal proceedings of their own, seeking redress for their treatment. The fact that they are even able to sue is a small victory.
The key question in this situation, legally speaking, is the airline’s responsibility. After all, the women were pulled off a Qatar Airways flight, but the searches themselves were carried out by Qatari authorities. The airline’s role becomes a critical point for the court to determine.
The context here is vital to understanding why the women were targeted. It wasn’t a random selection, according to reports. The women were targeted because they were of childbearing age, a fact that makes the whole incident feel even more targeted and disturbing.
What’s crucial about this case is that it is a legal battle to determine the extent of the airline’s responsibility for what happened. The women are essentially arguing that their treatment occurred in the course of embarking or disembarking. The court’s decision to allow the case to proceed, specifically, is a win.
The Australian legal system will come into play here, because Qatar Airways operates in Australia. This means that Australian law applies to the company. The court has determined that there’s a sufficient link between the searches and the airline’s operations to allow the case to continue.
Many wonder why an airline, and not the Qatari authorities, are being sued. If the airline was simply complying with a legal order from the police. However, because of the location and the nature of the incident, it may be complicated.
The overall feeling is that this was a horrific ordeal for these women, and it’s completely understandable that they want accountability. If they were not treated in a humane way in their own countries, this is a chance for justice.
There is also some skepticism as to the chances of success, with the potential for a financial award as the main objective of the legal action. The fact is the Australian government was not particularly keen on pursuing the issue with Qatar at the time. The impact on Qatar’s reputation, and the damage to their brand will likely have been carefully considered as well.
It is hard to look past the broader issues surrounding human rights and attitudes toward women in Qatar. A place where human rights and Western ideals clash. It would seem that, in this case, the incident reflected a fundamental lack of respect for the women involved. In this particular instance, the women were treated with an almost stone-age mentality.
While Qatar has the resources to handle any damage to their reputation, the legal proceedings are a reminder of the importance of human rights. The situation is a testament to the lasting damage caused by this incident, and the importance of holding those responsible accountable.