Australian women gain right to sue Qatar Airways over invasive examinations

In a significant legal development, five women from Australia have been granted the opportunity to pursue a lawsuit against Qatar Airways stemming from a distressing incident that occurred in October 2020 at Doha's Hamad Airport. During this incident, multiple female passengers were subjected to invasive physical examinations after a newborn was discovered abandoned at the airport. Qatari authorities claimed the extreme measure aimed to identify potential perpetrators attempting to escape the country. As a result, the women were forcibly removed from their flight and examined without consent, leading to severe emotional and psychological impacts, including claims of PTSD and depression. In response to the traumatic experiences endured, their attorney, Damian Sturzaker, has been pursuing claims against not only Qatar Airways but also MATAR, the airport operator, and QCAA, Qatar’s Civil Aviation Authority. Initially, a lower court dismissed these claims, but a unanimous ruling by a trio of appellate judges overturned this decision, allowing the women to continue seeking accountability under airline liability, negligence, and assault. The complexity of their case was highlighted as it attempts to navigate the Montreal Convention’s stipulations regarding airline responsibilities during international travel. This ruling is viewed as a step towards justice for the plaintiffs, whose identities remain confidential due to the sensitive nature of the examinations and the legal proceedings. The Australian women claim to have experienced physical and emotional harm that warrants compensation. Their journey has drawn international attention due to the extreme nature of the searches, described as invasive gynecological inspections conducted on the tarmac, which has raised questions about the appropriateness of the response by Qatari authorities to the discovery of the abandoned infant. As the case progresses toward a trial next year, there remains uncertainty about the ultimate outcome, particularly in light of the recent appellate court ruling that provides a glimmer of hope for the women to present their case before a jury. The social implications of this incident continue to spark discussions around women’s rights, safety in air travel, and the responsibilities of airlines in safeguarding their passengers. The legal battle not only seeks to hold Qatar Airways responsible but also questions broader practices of invasive searches in response to security threats, emphasizing the need for balanced approaches in protecting both safety and individual rights.