In an alarming development, the United Nations has highlighted a “deep human rights crisis” unfolding in Afghanistan, with grave concerns about the systematic dismantling of legal and institutional frameworks by the Taliban. This was brought to light in a report presented by Richard Bennett, the UN Special Rapporteur on human rights in Afghanistan, during the 59th session of the UN Human Rights Council.
The report underscores the Taliban’s instrumentalization of the legal and justice sectors to establish a regime characterized by gender oppression, persecution, and domination. Bennett asserts that the policies being pursued not only undermine the rule of law but are designed specifically to suppress the autonomy of women, girls, and gender minorities, replacing legal principles with their interpretation of Sharia, which is reported to deviate fundamentally and practically from Islamic teachings. A detailed account of these issues can be accessed here.
Bennett has denoted the situation as a case of “gender apartheid,” reflecting the organized and ideological nature of the ongoing abuses. The UN expert urged international actors to explore judicial avenues at the International Court of Justice and to back the efforts of the International Criminal Court, which has already issued arrest warrants for senior Taliban figures. Details on this advocacy can be found in the full report.
The report depicts a dire scenario in which women and girls face “overwhelming barriers” to accessing justice, with their rights to movement, education, work, healthcare, and expression severely restricted. For more insights on these barriers, Human Rights Watch has provided additional context here.
The judicial system in Afghanistan has undergone a significant transformation under the Taliban regime. All judges appointed under the previous government, including 270 women, have been dismissed. They have been replaced by individuals affiliated with the Taliban who often lack formal legal education, making rulings based on ideologically extreme interpretations. The absence of officially registered female lawyers due to the prohibition on women practicing law further exacerbates the situation. This grave alteration of judicial norms has been detailed further in the full JURIST article.
Bennett calls for a principled, human rights-centered approach, emphasizing the rights and voices of women in dialogue to foster a safer, more stable, and inclusive Afghanistan, cautioning that recognizing the de facto authorities is premature until such conditions are attained. International legal professionals can follow ongoing discussions through additional sources.