Description

Laws, Justice and Rights for Women in the Modern Era
Editor: Prof. Dr. Yogesh Kumar Gupta, Ishan Ahmad and Premananda Murmu
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-5-1, 2026

Chapter 33

Afghanistan Women and Human Rights

Aishwarya Rajeev
IX Semester, B.A., LL.B(Hons) CMR University, School of Legal Studies, Bengaluru, Karnataka, India

Amrita Anand
Assisstant Professor, CMR University, School of Legal Studies, Bengaluru, Karnataka, India

Abstract

Human Rights is often described as universal, inalienable, equal to all human beings. Article 1 of the UDHR states that “all humans are born free and equal in dignity and rights”, yet the conditions of women in Afghanistan raises an important question: Can you truly call it “human rights” when they can be taken away from half of the population simply because they are women? Since the Taliban regained power on 15th August 2021, Afghan women have been deprived of their rights to education, employment, healthcare, freedom of movement, political participation, and protection against violence. This paper examines these restrictions with regard to UDHR and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which Afghanistan joined without reservations in 2003. It also discusses the proposed proceedings before the International Court of Justice (ICJ) under Article 29 of CEDAW, focusing on issues of State responsibility and whether the Taliban’s actions can be attributed to Afghanistan. As there is no ICJ judgment on the matter, the paper also considers the International Criminal Court’s Situation in the Islamic Republic of Afghanistan. It argues that the Taliban’s policies amount to a de facto system of gender apartheid.

Keywords

Human Rights, Afghan Women, Taliban, UDHR, CEDAW, ICJ, ICC, Gender Apartheid.

1. INTRODUCTION

The Universal Declaration of Human Rights opens with a proclamation that “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.” (United Nations. (n.d.)). Article 1 further enforces this into a single sentence: “All human beings are born free and equal in dignity and rights.” (United Nations, 1948, art. 1) The term “All” in this statement is deliberate, it’s not most, not some, not those specially permitted by the government or the law to be seen and remain as human. Yet the experiences of Afghan women since 15th August 2021 show that the so called “human rights” can be taken away from half of the population simply because they are women.