A Critical Examination of the Erosion of Women’s Rights in

Afghanistan during the Taliban Regime

Shrouk Mahmoud Saleh
Liverpool John Moores Law School, Liverpool John Moores University, Liverpool, United
Kingdom
Email address:
Shrouk.m.elshahed@gmail.com

To cite this article:

Shrouk Mahmoud Saleh. Women’s Rights in Afghanistan after the Taliban Regime. International Journal of Law and Society. Special Issue:
Women and the Law: Socio-Legal and Feminist Theoretical Concepts.

Abstract:
The plight of women in Afghanistan prior to and during the Taliban rule in relation to human rights laws and treaties is well-
documented. The violence against women in Afghanistan is not a unique and modern phenomenon; it has a long history that goes
beyond the current regime in Kabul. However, the Taliban have systematically been accelerating the abuse to a different level
by dismantling the previous and introducing new laws under the guise of Sharia in defiance of the constitution. The role of great
power politics cannot be ignored which led to the creation of fundamental groups hence human rights violations. Likewise, the
great powers cannot be exonerated for they failed to understand the tribal structure of Afghan society. The research details the
specific areas of human rights violations against women and girls from education, jobs, healthcare, and social freedom to sex
offenses. The struggle and the role played by NGOs, Afghani women, and multilateral organizations in alleviating the plight of
women continues. The acceleration in the erosion of women’s rights should be compared with the Universal Declaration of
Human Rights, bilateral agreements, and periodical reports by human rights organizations and activists. Evidently, the edicts
issued by the Taliban under the guise of Sharia run contrary to the Afghan Constitution. The challenges faced by the women in
Afghanistan have not been easy to overcome despite the slow-paced struggle waged by certain organizations. Once again,
Afghanistan and its vulnerable population, especially women and girls of all ages, have been left to deal with suppression and
trauma by the powerful state players. The struggle should focus on adding more voices, highlighting the ground realities, and
disseminating information about the current challenges and issues. While recognizing the centuries-old tribal culture and value
system, efforts must be directed toward an equitable society through engagement with the Taliban and funding implementable
programs.

Keywords: Afghanistan, Taliban, International Human Rights Law, United Nations, International Human Rights Treaties,
Violence Against Women

subjugation of women in Afghanistan did not start with the

1. Introduction
The history of women’s rights has been a long arduous
journey, which continues in many parts and regions of the
world. Women’s persecution and patriarchic supremacy never
ended although it significantly improved through struggles,
civil, and human rights treaties, and laws. In reality, many
women are still deprived of their basic rights. The problem is
acute in many developing and conservative countries where
traditions, faith systems, and interpretations of religious edicts
tend to deprive women of their basic rights.Error! Reference source
not found.[1]
This essay highlights women’s plight in Afghanistan as a
case study of women’s rights and the fact that Afghanistan
ranks as the worst country for women. It highlights the context
and background leading to the takeover of Afghanistan by the
Taliban. However, it should be noted that persecution and
Taliban, nor shall it end sooner regardless of who comes to
power.[1]The 20-year period of US intervention has not been
helpful for women’s rights in any manner as the USA joined
hands with the worst players and warlords who practiced and
constantly violated women’s rights.[2] Joya, Malalai in her
book ‘Raising My Voice’ succinctly describes the situation:
“The sad fact is that, in Afghanistan, killing a woman is
like killing a bird. The United States has tried to justify its
occupation with rhetoric about 'liberating' Afghan women, but
we remain caged in our country, without access to justice and
still ruled by women-hating criminals. Fundamentalists still
preach that a woman should be in her house or in the grave'.
In most places, it is still not safe for a woman to appear in
public uncovered, or to walk on the street without a male
relative. Girls are still sold into marriage. Rape goes
unpunished every day.”
2 Shrouk Mahmoud Saleh: Women’s Rights in Afghanistan after the Taliban Regime
Several global organizations such as the UN and the Red
Cross along with a dozen more, have been making efforts to
reduce the level of persecution, injustices, and lack of
education for women in the country.[3] These efforts have not
been entirely successful due to the Taliban’s resistance as the
latest report by UNHR has outlined.[4]
In addition, this essay explores the critical role played by
non-governmental organizations in eliminating the types of
oppression to which women and girls are exposed in
Afghanistan after the Taliban takeover. The UN has convened
many conferences to eliminate the injustice and inequality
between women and men in various areas of life Assembly on
10 December 1948. This essay finally details the level of
persecution, its causes, and the ongoing struggle by women in
Afghanistan, as well as the international support for their cause,
and the way forward. Specific examples and anecdotes have
been cited from Afghan women activists involved in the
struggle.
2. Literature Review
We must acknowledge that Afghanistan has been a
battleground of great powers to control the country although
unsuccessfully at the expense of women, and women’s rights
never had a primary goal of such powers. These rivalries and
conflicts created many warring factions, warlords, and Jihadi
groups. The Taliban was one of those groups, which were
created and financed by the West to defeat the Soviet Union.
Unfortunately, the same ideological group turned against its
masters when the USA along with its allies decided to occupy
the country.[5] Jihadi groups from all over the Middle East
brought with them the extreme form and interpretation of
Islam and enforced it on the whole society. The victims were
mostly civilians, the elderly, and women. In his book, “No
Good Men Among the Living, Taliban, and the War through
Afghan Eyes” Anand Gopal has detailed the brutality brought
upon by both the USA and its allies including war and drug
lords and Taliban on civilian populations.[5] Another factor,
which is often ignored is that Afghanistan has always been a
deep-seated patriarchal tribal system where traditions,
ideology, and faith have been dominant. Women’s place in
society has been limited to households The only bright period
for women in recent history was during Amanullah Khan,
King Zahir Shah, and the communist regime, which was
reversed by Mujahadeen and the Taliban during the proxy war
against the Soviet Union. It is also true that in the initial period
after post-9/11, certain urban areas witnessed noticeable
liberation and involvement of women in the social,
educational, and political spheres. Nahid Shahalaimi in her
book ‘We Are Still Here’ touches upon improved Afghanistan
emphasizing that after the fall of the Taliban in 2001/2002, a
dynamic and young generation surfaced. Following those
years, women and girls could assert their rights and freedoms.
Everything appears to lead to a much brighter future. She
further highlights that in 2003, the government passed several
legislations to eliminate discrimination against women in all
aspects of life. Women became ambassadors, governors, and
administrators. In 2009, a new law was introduced to prevent
forced marriages and violence against women.
A new constitution was adopted in 2004, which
acknowledged women as equal to men for the first time in its
history.[5] It allowed 25% of parliamentary and provincial seats
to women and 30% of civil services. It also required the
Afghan government to abide by all international conventions
on women’s rights. However, after 20 years of the so-called
War on Terror and the hasty withdrawal of America and other
allied countries from Afghanistan, leaving the country in the
hands of the Taliban only deteriorated women’s position and
basic rights in the country and reversed all the gains
achieved.[6]
The United States had finally decided to permanently
withdraw in 2021 after a deal was struck between the Afghan
and the Trump government in Doha about US Armed Forces
and NATO forces withdrawing and stopping the fighting.
After US troops withdrew from Afghanistan and the Taliban
takeover, the situation collapsed due to the Taliban's efforts to
eliminate women and girls from their rights and discriminate
between genders by force.[7]
Afghanistan has ratified various international human rights
treaties, including the International Covenant on Civil and
Political Rights, the International Covenant on Economic,
Social, and Cultural Rights, the Convention on Elimination of
All Forms of Discrimination Against Women, and the
Convention on the Rights of the Child. Despite the force of
treaties outlining the fundamental principles of UN human
rights and the commitment rules of International Human
Rights Law, the Taliban have been violating these treaties and
conventions.[7]
It is stated that: “International Human Rights treaties
prohibit discrimination based on gender and also require states
to ensure the protection and realization of women’s rights in
all areas – from property ownership and freedom from
violence to equal access to education and participation in
government”.[8] Consequently, the IHRL prohibits any
government from depriving women of their rights to all
aspects of life, but the distinctions below demonstrate that the
Taliban have not adhered to such a rule even though
Afghanistan is one of the countries that has ratified human
rights principles.
2.1 Education Discrimination Based on
Gender
The right to education has been underlined in various
international conventions. The 1960 UNESCO Convention
against Discrimination in Education clearly states that women
and girls have the right to education and development. The
declaration also guarantees their rights and eliminates any
difficulties that make them unhappy and feel excluded.[8]
Anna Pont in her book “Blind Chickens and Social Animals”
argues that gender relationship in Afghanistan has been
complex and has always been subject to ethnicities, cultural
 International Journal of Law and Society 2023; X(X): XX-XX
practices, religious interpretations, and economic classes.
Gender inequality has always been part of Afghani society;
however, the Taliban have taken it to another level of
deprivation.
Despite all the conventions and constant efforts by the UN
and its agencies, many females in several countries do not get
even primary education. Examples include South Sudan, the
Central African Republic, Chad, Somalia, Burkina Faso, and
of course Afghanistan. Afghanistan has the highest gender
disparity in the field of education.
The plight of women in the education field was made
prominent by Malala Yousufzai when she gave a speech at the
United Nations on July 12, 2013, emphasizing education for
girls. She was shot in the head for speaking publicly in favor
of female education. Nothing has changed despite her constant
campaigning in coordination with international organizations.
Malala Fund has reported that before the takeover by the
Taliban in Afghanistan, 3.7 million children were out of
school, most of them girls. Since then, the Taliban has banned
an additional 1.254 million Afghan girls from attending
school.[9]
Today, Afghanistan is the only country in the world that
forbids half of its population from going to school. In
September 2022, the Taliban government forbade women to
attend universities and other higher-education institutions;
previously, women and girls were banned in March 2022 from
attending secondary schools.[10]
2.2 Job Discrimination Based on Gender
Gender discrimination is visible in developed countries,
where women make up a small percentage of the workforce
compared to men. According to the Organization for
Economic Cooperation and Development (OECD), 71% of
men work in professional fields such as engineering, physics,
and mathematics, compared to 43% for women, and this rate
is low for men. Women are now involved in many
professional fields, and after that, women in almost all
countries take their education seriously and learn until they
reach secondary and university education; Despite the global
expansion of education, many activists claim that women do
not have equal access to education and job opportunities as
men.[11] Despite significant progress in women's rights in
education, many countries, including Afghanistan, continue to
be ignorant.[13]
In the article titled “The Gender-Equality Paradox in
Science, Technology, Engineering, and Mathematics
Education’, the authors compared the rates of women and men
in this field, and they were surprised that the percentage of
women was higher than the percentage of men. As a result,
this is extremely detrimental to global development because
the important thing in the world is achieving world success,
whether it has been accomplished by men or women. The
researchers also conducted a study of women's and men's
performance, and women outperformed men in many fields,
such as science and technology.[14]
Education, employment, jobs, and economic growth are
3
interrelated. According to data released by the World Bank,
female participation in the labor market was 15% in 2012,
which keeps on declining. It is estimated that under the
Taliban, the loss of women workforce from civil servants,
teachers, and doctors to journalists and businesswomen, the
country has lost over US $ 1.0 billion. The females
systematically have been forced out after the Taliban took over
the country. Most government positions and public roles have
gone to males asking women to go back to their homes. Over
3,500 small and medium size businesses run by women have
been shut down. In the field of journalism, the situation is even
worse, there were fewer than 100 female journalists in 2021
compared to 700 in 2019. World Bank data suggest that in
2019 36% of teachers in the country were females.[15] It is
assumed that that number could be in the low single-digit now
as the Taliban has banned almost all kinds of education for
girls. Likewise, the health sector is affected due to strict
segregation between male and female patients and as such
doctors and nurses. This number is likely to go down rapidly
because higher education for females will no longer be
available. Many health professionals have fled the country.
The absence of women from all spheres of economic activity
will cause the country to slide into further poverty, a UN report
has warned.[16]
2.3 Constitution, Women, and
Interpretation of Islam and Sharia
In 2004, a new constitution was adopted in Afghanistan
which was ratified on January 26, 2004, by 500 delegates.
Article 22 of Chapter 2 clearly states the fundamentals of
citizens “Any kind of discrimination and distinction between
citizens of Afghanistan shall be forbidden.” All 59 articles in
this chapter enumerate all the basic rights, which should be
available to the citizens of Afghanistan regardless of their
gender. This constitution was effectively abolished on Aught
15, 2021, and formally abolished in 2022 by the supreme
leader Hibatullah Akhunzada and replaced by Islamic Sharia
laws.[17]
Present sharia laws in Afghanistan are largely based on the
interpretation and practices of Wahhabism, which is prevalent
in the Kingdom of Saudi Arabia. Islam, per se, does not
prohibit women either from working or trade & business.
There are no such prohibitions in Quran, the scripture referred
to by Muslims for guidance. Likewise, Hadith (sayings and
guidance by the prophet) does not exclude women from such
activities including education and social life. The problem and
debate arose when different scholars started interpreting the
tenants of Islam differently. Afghan Sharia law falls into the
extreme interpretation and is based on a narrow ideology
where women have a lesser role to play in society other than
at home and in a household. It runs contrary to several edicts
that clearly state that women can freely work and have an
education.[18]
Under the Taliban’s enforcement of their interpretation of
Islamic law, women are forbidden to attend any kind of school.
4 Shrouk Mahmoud Saleh: Women’s Rights in Afghanistan after the Taliban Regime
They may go to religious schools duly separated for males and
females. Initially, when the Taliban took over in 2021, it was
pledged that they would allow the right to education and jobs
to women but in 2022, the cabinet simply reneged on the
pledge.[18] Higher education is also banned for women
depriving them of progress. The consequences could be far-
reaching because of the possible non-availability of doctors,
nurses, and other essential healthcare workers. Women are
forbidden to talk to males older than 12 years and other than
blood relatives. On November 10, 2021, all women were
prohibited from entering public parks and gyms in Kabul nor
they are allowed to work in most sectors of the economy.
Women are required a male escort to travel anywhere and they
cannot take a mode of public transport unless duly attired with
Burqa, fully covering their bodies from head to toe.
Punishments for breaking such restrictions may involve from
prison to death by stoning.[19]
2.4 Violence Against Women and Girls
Women and girls have been fully protected in Afghanistan.
They always had a secondary place in a male-dominated
society. Gender-based violence has been a pervasive issue
stemming from complex cultural inequalities, poverty, lack of
awareness, and patriarchalism. Even before the takeover by
the Taliban in 2021, rates of violence against women and girls
were extremely high with studies suggesting 87% of Afghan
girls and women experience abuse in their lifetime. The
situation worsened after the Taliban took over the country in
August 2012 and started implementing draconian laws to
subjugate women and girls further.[20]
It is widely reported and known that Afghanistan has been
practicing underage marriages although it is illegal under the
law. UNICEF in its report and a statement by the executive
director, Henrietta Fore on November 12, 2021, expressed that
girls were increasingly at risk and that child marriages are on
the rise in Afghanistan.[21] UNICEF estimated that 28% of
girls were married before the age of 18. Extreme poverty, lack,
and banning of education for girls enhance the danger of child
marriages.[21]
Sexual violence is not limited to underage girls; it is
widespread across all ages in Afghanistan and generally,
women are blamed for provoking the men. During the decade-
long conflict, such behavior became a norm for all parties. The
United Nations, especially UN Women has been documenting
abuses against women in Afghanistan. Lifetime physical
and/or intimate partner violence reached 50.8% while child
marriages reached 28%. The data for non-partner violence is
not available but it could be high. (Proportion of ever-
partnered women aged 15-49 years experiencing intimate
partner physical and/or physical abuse at least once in their
lifetime.[22] Another aspect of similar abuses is that under the
Sharia law in Afghanistan, women have the onus of proving
their innocence, which of course is not possible and therefore
are punished under adultery laws. The consequences of sexual
violence may vary from unwanted pregnancy to life-
threatening delivery, and health and psychological issues for
which there are no services available. The survivors have no
institutionalized support because many NGOs have left the
country.
These are some of the assertive women who have had bad
experiences. "A 25-year-old woman said she was the mistress
of a former government official before the Taliban takeover.
She now has no choice but to remain the married man’s sex
slave indefinitely. If she refuses him, he will kill her and the
rest of her family, she said." "A 33-year-old journalist who
rallied for gender equality in Kabul in December told The
Globe that three of her fellow protesters were imprisoned,
tortured, and raped by Taliban officers. The women were
released a few months later, the journalist said. But they were
warned to stay silent, or videos of the rapes would be
publicized – a probable death sentence."[21]
In article 2, it is stated to eliminate violence against women
and include sexual violence against women because the
marriage of minors is considered an abuse of the body.
Because they are children and have the right to study, play,
and learn life without being exposed to sexual violence at this
age, this type of violence also damages their psychological
well-being, this is the type of rape and harassment against
women that the UN has set out to eradicate.[23]
The Taliban is said to follow Sharia law, but they do not;
for example, Taliban men forcefully marry girls under the age
of nine. And if the parents refuse, they kill the entire family.
Another example is when one Afghan kills his neighbor and
takes his wife as a legal wife, and all families in Afghanistan
fear for their daughters because many Afghans are willing to
curry favor with the Taliban by giving their neighbor's girls to
Taliban girls and women live in repression, and “People are
hiding their daughters” Dr. Jehangir said.[21] All women have
wishes and desires for their future; therefore, the international
organization should fund the women in Afghanistan, protect
them from all kinds of violence, monitor the girls' age at
marriage furthermore criminalization, and punish the
perpetrator.
2.5 Healthcare for Women in
Afghanistan
The healthcare situation in Afghanistan was bad before the
Taliban took over, but since then, it has gotten worse than
anyone could have predicted. Following their control based on
restricting their movement, they also restrict them from
obtaining a job or an education, so they also eliminate access
to healthcare. Because of the injustice of their rights, they are
unable to take medicine, and epidemics have spread.
Furthermore, women and girls cannot receive treatment or
have their illnesses examined by men doctors.[24] They are
unable to obtain “prenatal or postnatal care”, as well as cancer
medicine and Pap smears, due to a lack of medical personnel.
Diseases such as measles, dengue fever, polio, cholera, and
malaria are also prevalent in the country, unfortunately,
women in Afghanistan live in oppression.[25] Because of
Taliban policy, which has resulted in violations of human and
women's rights, the collapse of women's health, and the
 International Journal of Law and Society 2023; X(X): XX-XX
deprivation of health, life, and care for themselves and their
children, the United States has deprived Afghanistan of
healthcare, shelter, water, and other necessities.[26]
The World Bank and other international bodies gave
Afghanistan funds for the healthcare sector worth 600 million
dollars after the Taliban takeover, but now all of the
international bodies and the world bank have frozen the fund
due to the sanctions of the Taliban's power and their violations
of human rights.[27] Because all of the sanctions imposed on
the Taliban have failed to achieve women's rights in
Afghanistan, the Taliban should leave the country because the
people there face the greatest poverty, inequality, and
discrimination. Every day, women and children die as a result
of healthcare negligence and ignorance. The women in
Afghanistan need firm and strict penalties and more forceful
implementation to reform the oppression and violence against
women in the country.
In Afghanistan, men dominate all aspects of society, jobs,
and businesses, including healthcare staff, because of the
restrictions on women working, almost all women healthcare
staff disappear due to the traditional society in which
Afghanistan is currently living; thus, a few feminist doctors
still work, and this is considered high pressure because up to
100 Afghan women give birth every day, which is more than
the women doctors can handle. Furthermore, because the
Afghan Central Bank has no funds from abroad, the country
cannot pay salaries for healthcare staff, causing pressure, and
almost no healthcare staff can work full-time. As a result,
"the International Committee of the Red Cross (ICRC)"
undertakes to pay salaries to healthcare staff, men and women,
so they can work again because the situation in Afghanistan is
deteriorating.[28]
According to the Afghanistan IFRC country plan 2022, the
IFRC intends to establish 34 national society hospital branches
in Kabul, hire 2000 national society staff, and recruit 30,000
national society volunteers to provide healthcare to one
million of Afghanistan's 38 million people. However, this
ranking is very low because almost all women and girls in
Afghanistan require healthcare due to pandemic outbreaks and
illnesses; thus, Afghanistan requires international and national
volunteers, more staff, and the establishment of more than 34
branches across the country.[25]
2.6 Discrimination of Women’s Work
The Convention on Human Rights recalls that Afghanistan
signed "the convention on eliminating all forms of
discrimination against women". Despite its obligation to
protect and promote women's rights and freedoms and the
obligations, they have to freely work and live under the United
Nations Convention. Afghan women are living tumultuous life
and have lost their lives due to the war and then the Taliban's
discrimination against women.[30] Women and girls in
Afghanistan are still exposed to all forms of discrimination,
inequality, and disadvantage as a result of the discriminatory
practices that the Taliban used. and the Taliban government
abolished women's labor rights. Furthermore, they are unable
5
to leave their homes and walk into the future.[25]
Women were deeply involved in business in 2001, not in the
same way that men were, but with a percentage of
Afghanistan's merchant space, and women worked in industry
and commerce, with investments totaling 4.2% of the business
from 2003 to 2013. Women in this decade have their industries,
such as handcrafts or many services such as donations, and
participate in investment and industry, contributing to
Afghanistan's economic growth.[29] Even though the 2014
economic reports have been approved, women are unable to
participate in or build relationships with other males to grow
their industries. Otherwise, women have found it difficult to
establish their businesses because they cannot build a network
of relationships or represent their industry or corporate
business.
Afghanistan has systemic difficulties and problems; the
Taliban do not provide any services to women or any
opportunities to establish or manage their businesses. Women
suffer as a result of this situation; in Afghanistan, the GDP has
reported that there is no income from women's investments
now because the Taliban has denied women any type of work;
they cannot work as technicians, doctors, nurses, and so on.
All jobs, investments, and industry management are only
available to men.[29]
Furthermore, the Afghan economy is collapsing, and they
no longer receive funding from international organizations
because the Taliban system is now sanctioned. The Taliban
claimed to be enforcing "Islamic" law, but women were
working during the time of the Prophet "Muhammad" and the
spread of Islam, and one of the Prophet "Muhammad's" wives
(Mrs. Khadija) was working and had a business, and she was
a successful woman. This state of women's work in the Islamic
Spread is the most compelling evidence that Islamic women
have the right to work, contrary to what the Taliban alleges.
Afghan women have the same rights as men, including the
right to work, engage in business, and invest. International
organizations are attempting to compel the Taliban to obey the
law, as treaty parties, and to respect women and grant them all
of their rights without discrimination. International human
rights law protects all women's rights to equal treatment with
men and prohibits discrimination against women who have the
right to practice and be productive.
The Taliban must respect all women's and girls' rights
because they are the majority in anything. The government
should open all universities and schools for girls and allow
them to work in all sectors of Afghanistan. Furthermore, all
members who discriminate against or threaten women and
girls must be punished immediately. Encourage women's
participation in work, education, and health care, and help
them build their lives with psychological support.[31]
However, everything is not lost. Women activists and scholars
of Afghan origin both at home and in the diaspora continue to
raise their voices reaching out to women and girls. Nahid
Shahalaimi in her book ‘We Are Still Here’ recounts many
accounts of women and their struggle in a cross-section of life.
Zarghuna Kargar’s book “Dear Zari” is a compendium of
6 Shrouk Mahmoud Saleh: Women’s Rights in Afghanistan after the Taliban Regime
stories of several women collected from the BBC program
“ Afghan Women’s Hour” encompassing love to sacrifice.
3. Conclusion and Recommendations
This essay has examined the background and brief history
of power politics and suppression of women and their rights in
Afghanistan before and after the Taliban takeover. The essay
examined how the Taliban treat and oppress women far by
denying women the right to an education and sending girls to
school and university. The United Nations, the World Bank,
and other foreign organizations are prohibited from assisting
the Taliban government; however, the Red Cross initiated and
attempted to protect women's health to save them from
pandemics and death. This essay has also addressed the United
Nations instruments, which have not been implemented by the
Taliban even though Afghanistan has ratified them, and the
role of international organizations in mitigating the Taliban’s
oppression of women and girls.
The essay has clarified that Afghan women are excluded
from every aspect of their lives and demonstrated the life of
women under Taliban power; no women in Afghanistan are
safe, secure, or have access to education, work, expression, or
healthcare from the Taliban takeover from 2021. Furthermore,
the perspectives of Islamic scholars and researchers on
women's rights were discussed, as well as how Islam respects,
dignifies, and honors women. Over and above that, the UN
declaration, the World Bank, and many international
supporters for Afghan women's rights, as well as international
sanctions that forbid the fund from supporting Afghanistan's
education and health sectors because the Taliban government
has not implemented the UN's principles to eliminate
violations of women's rights.
The essay highlighted the discrimination against women
and girls in education and how the Taliban make women
victims, committing discrimination against girls by forbidding
them from school, and how that has caused an increase in
ignorance in the country. In addition, the essay examined
sexual violence against women in Afghanistan as a critical
issue that must be addressed due to the suppression of women,
which threatens women's and girls' lives. The Taliban regime
claims to follow Islamic Sharia, where they contradict its
objectives and basic principles, and follow only their own
narrow and radical understanding of Islamic Sharia.
The essay has emphasized the scope of healthcare for
women under Taliban control. Women are forbidden to go to
men's doctors, even though they have barred women doctors
from working in this capacity. This essay addressed this
significant issue in Afghanistan and the existence of a few
healthcare staff that cannot care for all women.
This essay also addressed the difficulties that women face
in establishing their businesses, as they are currently unable to
establish or take over any jobs, as the Taliban regime prohibits
women from various business and try to force them to keep
them unemployed. However, that Islam does not advocate
forbidding women from working or trading by citing the
example of Prophet Muhammad's wife, who traded during the
Islamic era.
It is evident that the struggle for equal rights for women in
Afghanistan is likely to continue for the foreseeable future.
The horizon is not bleak, but it will be an arduous journey for
the women and girls where hope along with activism may
change society to an acceptable level. Major powers and
international organizations should reflect beyond power
politics and should come up with an inclusive dialogue with
the Taliban.
References
[1] Leah Rodriguez, ‘GU women for peace’ (21 October 2021)
https://www.globalcitizen.org/-October 19, 2021 accessed 30
December 2022
[2] Ahmed-Ghosh, Huma, ‘A History of Women in Afghanistan:
Lessons Learnt for the Future or Yesterdays and Tomorrow:
Women in Afghanistan. Journal of International Women's
Studies (2003) 4 (3) 1-14
<https://vc.bridgew.edu/jiws/vol4/iss3/1>
[3] Women's Foreign Policy Group, ‘Support Afghan Women-
Women’s Foreign Policy Group’ (2021)
<https://www.wfpg.org/afghanistan-support>
[4] UNHR, ‘Afghanistan: Taliban’s targeting of women and NGOs
preventing delivery of life-saving assistance is deplorable’
(United Nations Human Rights, 30 December 2022)
<https://www.ohchr.org/>
[5] Anand Gopal, ‘No Good Men Among the Living, Taliban, and
the War through Afghan Eyes’ (first published 2014,
Metropolitan Books)
[6] Nehan, Nargis, The Rise and Fall of Women’s Rights in
Afghanistan (first published 2022, LSE Press, London) 11
[7] Ministry of Justice, ‘Huquq and Human Rights (MoJ, 24
October 2022) < https://moj.gov.af/en/huquq-and-human-
rights#:~:text=Afghanistan%20ratified%20most%20of%20the
,against%20Torture%20and%20Other%20Cruel%2C>
accessed 3 January 2023
[8] United Nations General Assembly, ‘Convention on the
Elimination of All Forms of Discrimination against Women
New York’ (OHCHR, 18 December 1979)
<https://www.ohchr.org/en/instruments-
mechanisms/instruments/convention-elimination-all-forms-
discrimination-against-womenac> accessed 31 January 2023
[9] kate hodal, ‘the 10 worst countries for girls to get an education:
the guardian’ (2017) (1)<https://www.theguardian.com/global-
development/2017/oct/11/revealed-the-10-worst-countries-for-
girls-to-get-an-education-international-day-girl>
[10] Malala, ‘Afghanistan is the only country in the world that
forbids girls to go school’ (Malala Fund, 2022)
<https://malala.org/countries/afghanistan>
[11] OECD, ’Indicators of Gender Equality in Education (OECD,
15 October 2018) < www.oecd.org. Retrieved 15 October 2018>
accessed 9 January 2023
 International Journal of Law and Society 2023; X(X): XX-XX 7

[12] Data, OECD, ‘Gender Equality (OECD, 15 October 2018) support#:~:text=Overall%2C%20the%20project%20aims%20

<www.oecd.org. Retrieved 15 October 2018 > accessed 10 to,and%20%24164%20million%20from%20ARTF> accessed
January 2023 23 January 2023
[13] Sutherland, Margaret B ‘Sex Differences in Education: an [28] Stefanie Glinskihttps, ‘‘The Taliban know they need us’: the
overview: Comparative Education (2006) 23 (1) 5–9 Afghan hospitals run by women (The Guardian, 9 May 2022)
<https://doi.org/10.1080/0305006870230102> <https://www.theguardian.com/global-
development/2022/may/09/taliban-afghanistan-hospitals-run-
[14] Stoet, Gijsbert; Geary, David C, ‘The Gender-Equality Paradox by-women-doctors> accessed 24 January 2023
in Science, Technology, Engineering, and Mathematics
Education". Psychological Science 29 (4) 581– [29] Haroun Rahimi, ‘Reform and Regulation of Economic
593<https://doi.org/10.1177/0956797617741719> Institutions in Afghanistan’ (Taylor & Francis, Routledge, 2023)
13
[15] World Bank ‘Labor Force Participation Rate, Female (% of
Female Population Ages 15+) (National Estimate)’ (Data) [30] United Nations Security Council Resolution, ‘Discrimination
<https://data.worldbank.org/indicator/SL.TLF.CACT.FE.NE.Z against women and girls in Afghanistan’ (United Nations, 9
S> accessed January 11, 2023 July 2011) <
https://www.un.org/womenwatch/daw/csw/ECN6-
[16] Ruchi Kumar & Hikmat Noori, ‘We are worse off-Afghanistan 2001L5REV1.htm> accessed 25 January 2023
further impoverished as women vanish from workforce’ (2022)
<https://www.theguardian.com/ [31] Human Rights Watch, ‘Afghanistan: Taliban Deprive Women
of Livelihoods, Identity’ (HRW, January 18, 2022) <
[17] Constitution, ‘Islamic Republic of Afghanistan’ ratified https://www.hrw.org/news/2022/01/18/afghanistan-taliban-
(January 26, 2004) accessed 20 January 2023 deprive-women-livelihoods-identity> accessed 21 January
2023
[18] Education In The Light Of Sunnah And Qura'an, ‘Women
Making Careers in Islam’ (Quran Explorer, 27 June 2021)
<https://www.quranexplorer.com/ >
[19] Tano, Sophie, ‘The Taliban’s pledge to honor women’s rights in
Afghanistan: Here’s how they eroded them instead’ (23
December 2022)
[20] UNFPA, ‘Accountability to Affected Populations (AAP) Guide
- UNFPA Afghanistan’ (25 January 2023)
<https://afghanistan.unfpa.org/)> accessed 29 January 2023
[21] UNICEF Executive Director Henrietta Fore, ‘Girls increasingly
at risk of child marriage in Afghanistan Statement’ (November
2012) < https://www.unicef.org/> accessed 30 January 2023
[22] Central Statistics Organization (CSO), Ministry of Public
Health (MoPH), and ICF, ‘Afghanistan Demographic and
Health Survey 2015. Kabul, Afghanistan: Central Statistics
Organization’ (Ministry of Public Health Wazir Akbar Khan,
Kabul, Afghanistan, 2017) 62
[23] United Nations, Human Rights Instrument, ‘ Declaration on the
Elimination of Violence against Women (UN, 20 December
1993) <https://www.ohchr.org/en/instruments-
mechanisms/instruments/declaration-elimination-violence-
against-women> article 2
[24] Chantelle Lee, ‘What’s the Status of Healthcare for Women in
Afghanistan Under the Taliban?’ (Frontline, 9 August 2022)
https://www.pbs.org/wgbh/frontline/article/healthcare-women-
afghanistan-under-taliban/ accessed 20January 2023
[25] Meer Abdullah, IFRC, ‘ Afghanistan IFRC Country Plan’
(IFRC, 2022) 2
[26] Human Rights Watch, ‘Afghanistan: Taliban Deprive Women
of Livelihoods, Identity’ (HRW, January 18, 2022) <
https://www.hrw.org/news/2022/01/18/afghanistan-taliban-
deprive-women-livelihoods-identity> accessed 21 January
2023
[27] The World Bank, IBRD, IDA, ‘Emergency Support for the
People of Afghanistan’ (World Bank, 9 SEPTEMBER 2022)<
https://www.worldbank.org/en/country/afghanistan/brief/afgha
nistan-emergency-