2025 has dawned upon the world and seemingly brought the entire planet a chance for new resolutions, personal goals, hopes and dreams. The New Year also marked 25 years in the 21st Century, a Century that has ushered in tolerance and innovation. Yet, despite all our New Year’s aspirations, an entire country continues to place a barrier on all forms of freedom for over 21 million people. The people that I mention are not criminals or some form of threat to society, but rather women. In Afghanistan, every single woman who steps foot in the country is immediately stripped of every fundamental right granted to mankind through any doctrine of international law. You may ask, as many others have, how is this allowed? This article aims to provide you with some understanding of the loss of basic human rights in Afghanistan and how international law plays into the ongoing crisis.
I think we all have heard the sparks in the media about the oppression in Afghanistan, but many are unsure of the exact limitations of women in the country. Since their takeover in August of 2021, the Taliban claimed that they were “committed to the rights of women within the framework of Shariah.” Yet since August of 2021, the Taliban have demolished all laws protecting women and destroyed any possibility of education past the 6th grade, where they are largely taught to cook and clean. They have mandated that all women must wear burqas (a form of a hijab that covers a woman’s body from head to toe with a small slit for their eyes). Despite this, women still cannot venture far from the home without male relative in accompaniment. The Taliban simply encourages women to stay at home- and makes leaving the house as difficult as possible for them. In an effort to decimate any trace of women in society, the Taliban have prevented any women from socialising in public with anyone, including other women. Just as recently as this past month, the Taliban have issued a decree against any windows that have a view of "the courtyard, kitchen, neighbor's well and other places usually used by women.”
As we peer into the lens of international law, I first must mention one important fact that I hope sticks with you. These indiscriminate attacks against women do not simply span the field of societal oppression. The Taliban have officially decreed that women can be publicly flogged and stoned if they express any attempt at freedom and break the law imposed upon them. Women can be tortured, falsely imprisoned, and forced into abusive marriages. This crisis spans far beyond societal limitations.
Now, how can we look towards the future in attempts to stop this catastrophic discrimination?
Afghanistan is a member of the UN and is subject to the Security Council Resolutions, which guards the protection of human rights in all its participating countries. UNSCR 1325 on Women, Peace, and Security declares that women are instrumental to the peacemaking process and representation of nations. By the Taliban limiting women from having any job outside of caretaking and household chores, they directly infringe on this act. The Taliban is also in infringement of International Humanitarian Law (IHL) set in effect by the Geneva Conventions. The IHL prohibits violence to life and dignity, which includes sexual violence, slavery, and torture—actions documented under Taliban rule. Additionally, the Rome Statute of the International Criminal Court (ICC) declares under Article 7(1)(h) that there should be no persecution of any group or collectivity based on gender. Again, the Taliban stand in direct defiance of this international law. Lastly, Afghanistan is a party to CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women), which obliges states to eliminate discrimination against women in all forms. The Taliban’s actions demonstrate they have no obligation to obey the laws that govern them through international law.
Clearly, the Taliban violates too many international laws to count. So what can be done about it? How can this violence and indiscriminate tyranny against women be stopped? Well, some nations are trying to hold Afghanistan accountable. Just this past September, the governments of Australia, Canada, Germany, and the Netherlands announced legal proceedings against the Taliban under CEDAW. Furthermore, over 20 UN nations officially condemned the Taliban’s discrimination against women. These nations have just recently asked the Taliban to cease all discrimination towards women immediately. Time can only tell whether the Taliban will listen or not.
We can only hope and pray for the women and children of Afghanistan, as this terrible situation is still developing day by day. Unfortunately, international crime courts and organizations often lack the ability to enforce laws. There are, however, some political and geopolitical actions that neighboring nations can take, such as tariffs and trade sanctions. There is no telling what additional laws the Taliban will enforce going forward. If you do feel any call to help the isolated and oppressed women of Afghanistan, I provided a link to donate through the Obama Foundation. Hopefully, this has helped to open your eyes to the modern-day terror occurring, and how international law and its lack of enforcement play into scenarios like this.
Comments