Bennett emphasized that these widespread and systematic deprivations amount to crimes against humanity. He firmly asserted that “gender apartheid” most fully encapsulates the “institutionalized and ideological nature of the abuses” occurring in Afghanistan. Since seizing power in 2021, Bennett argues the Taliban has replaced the rule of law with targeted policies designed to suppress the autonomy of women, girls, and gender minorities. The report notes that Taliban interpretations of Sharia are “neither fundamentally nor practically aligned with Islamic teachings.”
Bennett implored countries to pursue measures at the International Court of Justice and support the International Criminal Court’s (ICC) ongoing investigations, with ICC arrest warrants already issued against senior Taliban leaders for gender-based oppression. He called for establishing an additional, complementary international mechanism to support existing accountability efforts.
The Special Rapporteur stressed a “principled and human rights centred ‘all tools’ approach,’” prioritizing women’s rights and voices in all discussions to create a safe, stable, and inclusive Afghanistan, stating that normalization of the de facto authorities is premature until these conditions are met.
International observers have reported that women and girls face overwhelming barriers in accessing justice. UN officials have decried their effective erasure from public life through systematic deprivation of rights to movement, education, work, healthcare, and expression. Specific examples include teenage girls’ 534-day ban from school, and women from universities for 78 days, making Afghanistan the only country globally where women are denied most formal education. Women cannot travel more than 75 kilometers without a male guardian and are banned from public spaces like baths, restaurants, and parks. The ban on women working for non-governmental organizations has exacerbated the catastrophic humanitarian situation in a country where 28 million people need aid.
The Taliban have transformed the Afghan judicial system, dismissing all judges appointed under the previous government, including around 270 women. These judges have been replaced by Taliban-affiliated judges who often lack professional legal training and issue rulings based on the group’s extreme interpretation of Sharia. The Attorney General’s Office has been abolished, and women are not permitted to register as lawyers, leaving no officially registered female lawyers.
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