The Taliban have been targeted, criticized, and punished for making Afghanistan’s legal and judicial system a weapon. Whatever their motivation, their actions are designed to systematically oppress women and girls. Latest developments Richard Bennett, the UN special rapporteur on human rights in Afghanistan has called running down protestors with cars and firing live ammunition at them “crimes against humanity.” His findings do not bode well for women’s rights under Taliban rule. Women now continue to be denied access to education, justice, and other spheres of life.
Since their return to power in August 2021, the Taliban has effectively banned women and girls from all forms of education. To achieve this end, they have excluded them from attending public schools past the sixth grade. This action is part of an overall strategy to police and punish women’s lives and erase them from the public sphere. Bennett’s report highlights a troubling trend: women are being forced to rely on traditional and informal justice mechanisms due to the restrictions imposed by the Taliban.
Systematic Denial of Rights
Bennett’s report highlights the Taliban’s lack of concern for women’s rights, as men make all the key decisions. Women in Afghanistan face significant obstacles in their quest for justice. There are no female judges, no woman prosecutors or officially registered female attorneys to discuss with them.
“Today, there are no women judges or prosecutors and no officially registered female lawyers, leaving women and girls with fewer safe channels to report abuse or seek redress,” – Richard Bennett.
The lack of women at the top — as police officers and in other institutions — is part of the problem. As Bennett points out, this under-representation perpetuates a culture of under-reporting violence and discrimination that women and girls face en masse.
“Coupled with a lack of female officials in the police and other institutions, the result is widespread under-reporting of violence and discrimination against women and girls,” – Richard Bennett.
The Taliban’s increased repression of women has made it particularly dangerous for women to interact with the judicial system. Women who are pursuing justice for matters such as domestic violence or divorce find that systemic obstacles withhold justice from them.
“Women who engage with the Taliban court system — whether as victims seeking redress, to resolve family issues, to obtain official documents or as alleged offenders — face a hostile environment,” – Richard Bennett.
Violence Against Women
Under international law, the Taliban instead criminalised 22 harmful acts of violence against women, such as rape, child and forced marriage. These laws go almost completely unenforced, and the complaints filed by women are often thrown out by courts. As Bennett notes, this systemic failure continues to push women to the margins.
“Courts often reject complaints made by women and are especially reluctant to accept cases relating to divorce, child custody and gender-based violence,” – Richard Bennett.
Bennett’s findings indicate that the Taliban’s judicial system not only fails to protect women’s rights but actively undermines existing legal safeguards. He justifiably raised the alarm over the rollback of rights for women and girls in Afghanistan this day.
“is further undermined by the dismantling of key legal safeguards and institutions protecting the rights of children,” – Richard Bennett.
Call for International Action
Given his findings, Bennett urged the international community to be held accountable to the Taliban’s abuses. In an opinion piece, he calls on countries to lead. Further, they must support initiatives to bring Afghanistan before the International Court of Justice for its breach of the Convention on the Elimination of All Forms of Discrimination against Women.
As mentioned earlier, Bennett held deep consultations with over 110 Afghans both in and out of Afghanistan to collect touchpoints and hear directly about the humanitarian and security situations. His work in access to justice exposes just how systemic these issues are within society in Afghanistan.
The International Court of Justice functions as the UN’s highest earthly tribunal. It remains an important forum to address the worst human rights abuses. The increased demand for international accountability is the result of a new realization that we can no longer let the status quo continue without consequence.
