Afghanistan’s Taliban Have Weaponized the Judicial System to Oppress Women, UN Expert Says

Afghanistan’s Taliban Have Weaponized the Judicial System to Oppress Women, UN Expert Says

The United Nations’ independent investigator on human rights in Afghanistan has accused the Taliban of using the legal and judicial system to oppress women and girls. He states that these actions amount to crimes against humanity.

In a report to the UN General Assembly released Wednesday, Richard Bennett noted that since taking power in 2021, the Taliban have suspended the 2004 Constitution and abolished laws that protected women’s rights. This includes the significant Elimination of Violence Against Women Law, which criminalized 22 types of abuse such as rape, child marriage, and forced marriage.

The Taliban dismissed all judges from the former U.S.-backed government, including about 270 women. They replaced them with men who share their strict views, often lack formal legal training, and issue rulings based on Taliban orders. The group has also taken full control of law enforcement and investigative agencies, systematically removing staff who worked under the previous administration.

Bennett, who was appointed by the UN Human Rights Council in Geneva, focused his report on access to justice and protection for women and girls. He conducted more than 110 interviews and discussions with Afghans inside and outside the country, but remotely, since the Taliban have refused to grant him a visa.

Since regaining power, the Taliban have banned girls from receiving education beyond the sixth grade, prohibited most forms of female employment, and barred women from public spaces such as parks, gyms, and beauty salons. New rules forbid women from showing their faces or speaking in public.

The Taliban’s restrictions have isolated them from the West, with only Russia recognizing their government.

The Taliban did not respond to Bennett’s report or his request for information about their measures to ensure justice and protection for women. While the group claims to be implementing Islamic sharia law, many Islamic scholars say their interpretation is unique among Muslim-majority countries and violates fundamental Islamic principles of justice and equality.

Currently, there are no female judges, prosecutors, or officially registered female lawyers in Afghanistan. This situation leaves women with almost no safe ways to report abuse or seek justice. The absence of female police officers further discourages reporting, resulting in widespread underreporting of violence and discrimination.

Legal protections for children have also been dismantled, including the closure of juvenile courts and rehabilitation centers. The Taliban’s rule, which requires women to be accompanied by a male relative to attend court or file complaints, creates additional barriers, especially for widows, displaced women, and those leading households.

Women who turn to Taliban courts often face hostility. Cases of divorce, child custody, and gender-based violence are frequently dismissed outright. This situation pushes many women to seek help from traditional mechanisms like jirgas and shuras, which are male-dominated councils of elders, or informal mediation by religious leaders. Unfortunately, these often fail to protect women’s rights.

Bennett stressed that international legal forums offer the best hope for justice. He cited the International Criminal Court’s request on January 23 for arrest warrants for two senior Taliban leaders accused of crimes against humanity based on gender and urged states to bring Afghanistan before the International Court of Justice for violating the UN Convention on the Elimination of All Forms of Discrimination Against Women.