Interminable Plight of Afghan Women: A Human Rights Perspective on Legal Deterioration Under Taliban Rule

Authors

  • Sidhida Varma S Student, Department of Law, Hindustan Institute of Technology & Science, Chennai, India

Keywords:

Afghan Women, Taliban Rule, Women's Rights, Human Rights, Gender Equality, Legal Deterioration, International Law, Afghanistan, Gender-Based Violence, Oppression of Women

Abstract

Envision a country where women are almost on par with men but are not allowed to do anything in public life. This is a ruthless truth of reality, portrayed in this paper, in Afghanistan, by Taliban rule, which had earned hard-fought rights from women and has been ripping them up, piece by piece. It describes the march of history, from brief instances of improvement to oppressive suffocation, and asks how it came to this and what possible actions could be. The Constitution of Afghanistan, the Convention on the Elimination of all forms of discrimination against women (CEDAW), and a slew of treaty provisions that must secure the rights of Afghan women are probed on every conceivable level, ultimately deemed inequitable against the harsh realities of the Taliban. Beyond the strict legal exposition, it is a study of human lives crushed under the weight of extremism. We lay bare the Taliban agenda: denial of education, expulsion from workplaces, lockdown in homes, and the return of premodern, barbaric ways. It is a summons to action and not merely a lament. We ask the international community to go beyond empty, meaningless condemnations and to put together practical solutions. To convert our sanctions, diplomatic pressures, and humanitarian aid into effective measures that crack the Taliban’s oppressive wall. The paper covers two important questions that need to be answered. One, as to how the diplomatic pressure and humanitarian aid help the women in Afghanistan break their shackles. And how should regional powers, especially the Organization of Islamic Cooperation (OIC), work to reclaim the narrative of Islam from the Taliban’s distortion? The paper argues that the future of Afghan women will serve as a litmus test of our global commitment to the cause of human rights, a commitment that should not only be captured in words but also translated into action.

References

1. Constitution of Afghanistan 1964, art. 27 (providing for equal rights).

2. Amnesty International, Afghanistan: ‘Death in Slow Motion’: Women and Girls Under Taliban Rule. 2022.

3. United Nations Assistance Mission in Afghanistan (UNAMA), Human Rights in Afghanistan: 1 January - 31 July 2022 (2022).

4. Louis Dupree, Afghanistan. Princeton Univ. Press; 1980.

5. Rubin BR. The Fragmentation of Afghanistan: State Formation and Collapse in the International System. Yale Univ. Press; 2002.

6. Constitution of Afghanistan, art. 7.

7. Universal Declaration of Human Rights, G.A. Res. 217A (III), U.N. Doc. A/810 (1948).

8. International Covenant on Civil and Political Rights, Dec. 16, 1966, 999 U.N.T.S. 171.

9. International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993 U.N.T.S. 3.

10. International Convention on the Elimination of All Forms of Racial Discrimination, Mar. 7, 1966, 660 U.N.T.S. 195.

11. Convention on the Elimination of All Forms of Discrimination against Women, Mar. 1, 1980, 1249 U.N.T.S. 13.

12. Declaration on the Elimination of Violence against Women, G.A. Res. 48/104, U.N. Doc. A/RES/48/104 (Dec. 20, 1993).

13. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, 1465 U.N.T.S. 85.

14. Convention on the Rights of the Child, Nov. 20, 1989, 1577 U.N.T.S. 3.

15. Merry SE. “Gender justice and CEDAW: The convention on the elimination of all forms of discrimination against women.” Hawwa. 2011;9(1–2):49–75.

16. Etienne M. “Addressing gender-based violence in an international context.” Harv. Women’s LJ 18 (1995):139.

17. Declaration on the Elimination of Violence against Women, G.A. Res. 48/104, art. 2, U.N. Doc. A/RES/48/104 (Dec. 20, 1993).

18. Declaration on the Elimination of Violence against Women, G.A. Res. 48/104, art. 4, U.N. Doc. A/RES/48/104 (Dec. 20, 1993).

19. Kossover, AL. “Expanding Access to Redress Mechanisms for Women in Afghanistan through Procedural Updates to the CEDAW Treaty Regime.” Geo. Wash. Int’l L. Rev. 2024;55:291.

20. Karima B. “The International Obligation to Counter Gender Apartheid in Afghanistan.” Colum. Hum. Rts. L. Rev. 2022;54:1.

21. Hathaway OA, et al. “Which Law Governs During Armed Conflict-the Relationship Between International Humanitarian Law and Human Rights Law.” Minn. L. Rev. 2011;96:1883.

22. Pogge T. “Recognized and violated by international law: The human rights of the global poor.” Religion, International Relations, and Development Cooperation. Wageningen Academic; 2007. p. 79–112.

23. Goes D. Women’s rights under the regime of the Taliban in Afghanistan and the remedies of the United Nations. Diss. Ghent University; 2023.

24. Qazi Zada S. “Legislative, institutional and policy reforms to combat violence against women in Afghanistan.” Indian J Int Law. 2021;59(1):257–283.

25. Wang C. “Rule of law in Afghanistan: Enabling a constitutional framework for local accountability.” Harv. Int’l LJ. 2014;55:211.

26. Elimination of Violence Against Women (EVAW) Law, art. 2 (Afg.).

27. Elimination of Violence Against Women (EVAW) Law, art. 5 (Afg.).

28. Elimination of Violence Against Women (EVAW) Law, art. 15 (Afg.).

29. Treuthart MP. “No Woman, No Cry-Ending the War on Women Worldwide and the International Violence against Women Act (I-VAWA).” BU Int’l LJ. 2015;33:73.

30. Vaigė L. Violence against women under international law: Filling the gaps at international, regional and national levels. Diss. Doctoral thesis. Social Sciences, Law (01 S). Vilnius: Mykolo Romerio Universitates; 2016.

31. Abbas H. The Taliban revival: Violence and extremism on the Pakistan-Afghanistan frontier. Yale University Press; 2014.

32. Verdirame G. “Testing the effectiveness of international norms: UN humanitarian assistance and sexual apartheid in Afghanistan.” Human Rights Quarterly. 2001;23(3):733–768.

33. Wani ZA. “Women, extremism and repression under Taliban 2.0 in Afghanistan: beyond the good.” Small Wars & Insurgencies 35.7 (2024): 1212-1232.

34. Singh P. “Challenges Faced by Women Under the Taliban Regime in Afghanistan.” J Polity Soc. 2023;15(1).

35. Lindvall C. “The Decline of Women’s Rights: A Case Study About Women’s Rights in Afghanistan.” 2023.

36. Fielden M, Azerbaijani-Moghadam S. “Female Employment in Afghanistan: A Study of Decree# 8.” Women’s Refugee Commission [database online]. 2001.

37. Lyby E. Microfinance and gender roles in Afghanistan. Washington, DC: World Bank; 2006.

38. Vitoshka DY. “The modern face of honor killing: Factors, legal issues, and policy recommendations.” Berkeley Undergraduate J. 2010;22(2).

39. Baczko A. The Taliban Courts in Afghanistan: Waging War by Law. Oxford University Press; 2023.

40. Belkner L. “The Secular and Religious Legal Framework of Afghanistan as Compared to Western Notions of Equal Protection and Human Rights Treaties: Is Afghanistan’s Legal Code Facially Consistent with Sex Equality?” Cardozo J. Int’l & Comp. L. 2011;20:501.

41. Rosand E. “The Security Council’s efforts to monitor the implementation of Al Qaeda/Taliban sanctions.” Am J Int Law. 2004;98(4):745–763.

42. Inayatullah S. “Women Education in Afghanistan-Women’s Education in Afghanistan: Disparities in Education Under the Taliban Affecting Women’s Capabilities Development.” 2022.

Published

2025-04-30

How to Cite

Interminable Plight of Afghan Women: A Human Rights Perspective on Legal Deterioration Under Taliban Rule. (2025). Journal of Human Rights Law and Practice, 8(2), 63-71. https://lawjournals.celnet.in/index.php/jhrlp/article/view/1810