Introduction
In recent decades, the struggle for gender equality and women’s rights protection has been central to international human rights efforts. The United Nations has played a crucial role, beginning with its 1945 Charter that reaffirmed “fundamental human rights” for both men and women. In 1946, the U.N. Commission on the Status of Women (CSW) was established to promote women’s status and develop international treaties on women’s rights. The Commission remains the principle global intergovernmental body dedicated to promoting gender equality and women’s empowerment.
Two landmark developments followed: the 1967 Declaration on the Elimination of Discrimination Against Women (DEDAW) and its 1979 expansion into the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). These documents set an agenda for expanding women’s rights globally, and established comprehensive standards for eliminating gender discrimination.
Despite this robust international legal framework, gender-based discrimination remains one of the most widespread and often unpunished human rights violations globally. Women and girls continue to face systemic discrimination, violence, and inequality in various spheres of life, from access to education and healthcare, to participation in decision-making processes.
There is, however, an international consensus that women’s rights are fundamental to achieving social justice, economic prosperity, and sustainable development. Many countries, including Afghanistan, have ratified international treaties to combat gender-based discrimination. Afghanistan signed CEDAW in 1980 and ratified it in 2003 after the fall of the Taliban. This influenced the 2004 Constitution, which explicitly prohibited gender discrimination, stating: “The citizens of Afghanistan, man and woman, have equal rights and duties before the law.”
However, the resurgence of the Taliban in August 2021 has severely undermined women’s rights in Afghanistan, creating what many describe as a system of gender apartheid. The ongoing gender apartheid under the Taliban regime undermines the effectiveness of existing international legal frameworks and serves as a stark reminder of the fragile state of gender equality not only in Afghanistan, but globally. The Taliban’s non-compliance and the broader challenges of enforcement further exacerbate this issue. Indeed, the situation in Afghanistan has become a critical focal point in global discussions about the effectiveness of international law in safeguarding women’s rights.
This Essay examines the effectiveness of international legal frameworks in safeguarding women’s rights globally, with Afghanistan under Taliban rule as a case study. It analyzes current monitoring and enforcement mechanisms, while considering how sociocultural and political factors affect women’s rights implementation and enforcement in conflict-affected regions. Through critical analysis of key instruments like CEDAW and UNSCR 1325, the Essay identifies challenges in implementation and gaps in protection.
Drawing on theoretical insights and empirical evidence, this Essay argues that while international legal frameworks are indeed important in promoting and protecting women’s rights, their impact is often limited by systemic barriers and weak enforcement. The ongoing discrimination and violence faced by Afghan women under Taliban rule in both the public and private spheres exemplifies these limitations. Based on this analysis, this Essay offers practical recommendations for strengthening the implementation and enforcement of women’s rights protections worldwide.
I. International Legal Framework for Women’s Rights
Since 1949, the United Nations has adopted several conventions, declarations, and resolutions to protect women’s rights. These foundational documents include the Convention on the Political Rights of Women (1953), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979), the Beijing Declaration and Platform for Action (1995), and the UNSCR 1325 on Women, Peace, and Security (2000).
These instruments aim to eliminate violence against women, ensure equal access to education and healthcare, and promote women’s participation in decision-making processes. However, implementation and enforcement remain challenging, particularly in conflict zones and regions with deeply entrenched gender norms and biases. Therefore, while the adoption of these conventions and resolutions marks significant progress, the ongoing struggle for gender equality and the protection of women’s rights bolsters the need for robust implementation and enforcement mechanisms, as well as international cooperation to transform written commitments into tangible improvements in women’s lives globally.
A. Convention on the Political Rights of Women (CPRW)
The CPRW (1953) recognizes the right of everyone to take part in their national government, and aims to ensure women’s rights to participate in political processes remains on an equal basis with men. The Convention affirms women’s right to vote in all elections and referenda without any discrimination. It also guarantees women’s right to stand for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination. According to the Convention, state parties are required to ensure that women can exercise these rights freely and without any restrictions or discrimination based on their gender. States that ratify the Convention are obliged to take necessary measures to eliminate legal and practical barriers that may prevent women from exercising their political rights.
The CPRW was the first international law instrument that recognized and protected the political rights of women; it was a significant step towards achieving gender equality in political participation globally.
Afghanistan ratified the Convention in 1966, and the provisions of the 2004 Constitution explicitly mandate the prohibition of all forms of discrimination and the assurance of equal rights and duties for all citizens, regardless of gender. Article 22 of the Constitution stipulates that “any kind of discrimination and distinction between citizens of Afghanistan shall be forbidden. The citizens of Afghanistan, man and woman, have equal rights and duties before the law.” Furthermore, under the Afghan Election Law of 2016, Article 5 guarantees that “every citizen eligible to vote, both men and women have the right to register as a voter or candidate and participate in elections.” The Constitution allocated specific seats in both chambers of the National Assembly for female candidates, demonstrating the commitment to gender equality and women representation in the new republic government. These provisions in domestic law are aligned with international human rights standards, such as those established under the CPRW.
However, the current Taliban regime, after overthrowing the democratically elected government and suspending the Afghan Constitution, has systematically violated the political rights of Afghan citizens, particularly women’s rights. These violations include the denial of their right to participate equally in political processes and decision-making, in direct contravention of the guarantees enshrined in both the 2004 Constitution and Afghanistan’s international commitments. After abolishing the Ministry of Women’s Affairs, women in Afghanistan hold no cabinet positions. Moreover, with legislative authority transferred from National Asssmebly to the Leadership Council of the Islamic Emirate of Afghanistan, former female members of National Assembly no longer hold any legislative positions and now live in fear and exile, effectively eliminating their right to political representation and participation; these are essential for the realization of gender equality under international human rights law. By dismantling institutions that facilitated women’s political engagement and undermining legal frameworks that ensured gender equality, Taliban actions not only violate Afghanistan’s own domestic laws but also contravene the country’s international obligations under the CPRW.
CPRW establishes the foundational rights for women’s political engagement, while CEDAW builds on this by addressing systematic barriers to such participation, requiring states to adopt measures to ensure women can equally enjoy their rights.
B. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
The CEDAW was adopted in 1979 by the U.N. General Assembly and came into force in 1981. It is considered the fundamental international bill of rights for women, and provides a comprehensive framework for eliminating gender-based violence and discrimination against women in all spheres of life. CEDAW prohibits any distinction, exclusion, or restriction between men and women and “has the purpose or effect of impairing or nullifying the recognition, enjoyment, or exercise by women . . . of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.” CEDAW discusses a wide range of topics including equality and non-discrimination, political and public life, education, employment, healthcare, nationality, and family life.
CEDAW is important in international human rights law as it both comprehensively addresses and brings attention to women’s rights. It defines equality and explains the ways to achieve it, which makes it not only a bill of rights but also an agenda for action by states to eliminate all forms of discrimination and violence against women and ensure their rights and freedoms. CEDAW obligates the governments to take all appropriate measures to eliminate discrimination against women through new legislation, as well as modifying or abolishing existing laws, practices, and customs which constitute discrimination against women in both public and private spheres. It also highlights the essential role of equal access to justice and equality before the law and enshrines the rights of political and public participation for women.
In order to monitor and oversee the implementation of the Convention’s provisions and the progress made for women, CEDAW established the Committee on the Elimination of All Forms of Discrimination Against Women. The Committee meets annually to review the progress of women’s rights under CEDAW in state parties to the Convention. They review periodic reports on the women rights situation and make recommendations to the state parties on any issue affecting women’s rights.
Afghananistan’s ratification of CEDAW in 2003 marked a significant milestone in the state’s commitment to advancing gender equality. Following this ratification, the establishment of the Ministry of Women’s Affairs represented a critical institutional framework for promoting women’s rights and addressing gender-based discrimination. After the collapse of the Taliban’s oppressive regime in 2001, these developments reflected a significant achievement and offered new hope for Afghan women by laying the groundwork for the improvement of women’s rights in Afghanistan. The Ministry of Women Affairs played an instrumental role in implementing policies aligned with Afghanistan’s obligations under CEDAW. It contributed to policy development focused on addressing systematic issues of gender inequality and promoting women’s rights.
However, the resurgence of the Taliban in August 2021 resulted in the severe regression of rights for women. The Taliban regime suspended the Afghan Constitution, which served as the main legal framework obligating the government to protect and promote human rights and women’s equal rights. They abolished and replaced the Ministry of Women’s Affairs with the Ministry for the Propagation of Virtue and Prevention of Vice that orchestrates all the oppressive edicts and rules on women. The dissolution of the Afghanistan Independent Human Rights Commission (AIHRC) further compounded this deterioration. AIHRC played a critical role in monitoring, documenting, and addressing human rights violations across the country, serving as a vital mechanism for accountability and advocacy.
Additionally, the Taliban dissolved the Human Rights Support Unit (HRSU) at the Ministry of Justice, which was mandated to assist the government to integrate human rights principles and standards into its legislative, policy, and programmatic frameworks. The HRSU was also responsible for enhancing the government capacity to fulfill its international human rights obligations as outlined under Article 7 of the 2004 Constitution. These institutional losses signify a systematic dismantling of mechanisms designed to protect and uphold human rights in Afghanistan, leaving a significant gap in accountability and governance under international human rights law.
In addition to systematic dismantling of institutions dedicated to upholding human rights, the Taliban’s oppressive edicts and rules have resulted in profound violations of Afghanistan’s international obligations under CEDAW. These actions have fundamentally and deleteriously restricted women’s access to education beyond the sixth grade, as well as employment and healthcare services, violating Articles 10, 11, and 12 of CEDAW which guarantee a woman’s right to education, employment, and healthcare, respectively. Moreover, the Taliban’s policies have effectively eradicated women’s participation in political and public spheres, violating Articles 7 and 8 of CEDAW. These articles affirm women’s rights to participate in the formulation and implementation of government policy, to hold public office, and to engage in non-governmental and international organizations.
The Taliban regime has institutionalized systematic discrimination against women, effectively relegating them to second-class citizens without rights or access to justice. The Taliban reformation of the justice system in Afghanistan has made any legal mechanisms of accountability inaccessible for women, further eroding accountability and protections under both domestic and international human rights law. Under the Taliban regime, Afghanistan is one of the few countries where women are completely barred from serving as judges, attorneys, and prosecutors. The Taliban explicitly declared women ineligible to adjudicate cases, practice law, or prosecute crimes, undermining Articles 2 and 15 of CEDAW which guarantee equality before the law and the right to access to justice. These measures by the Taliban exacerbate the legal disenfranchisement of women, effectively denying them remedies for violations of their rights. These exclusionary policies compound the Taliban’s broader violations of women’s rights, as previously highlighted, and reflects the regime’s deliberate dismantling of institutional safeguards for gender equality.
The Taliban regime, as the de facto ruler of Afghanistan as indicated by the United Nations, is legally obligated under international law to uphold the country’s commitments to international human rights treaties, including CEDAW. However, despite these obligations, the Taliban regime continues to flagrantly violate women’s rights guaranteed under CEDAW and other international human rights treaties. Their oppressive edicts and rules not only undermine Afghanistan’s treaty obligations but also demonstrate the challenges inherent in the international human rights framework, where adherence depends largely on state willingness to comply. Taliban actions underscore that the mere act of signing or ratifying international treaties does not ensure compliance or protection of rights in the absence of enforcement mechanisms and political will.
The plight of Afghan women under the Taliban regime underscores significant limitations within the framework of CEDAW. While CEDAW plays a crucial role in placing women’s rights at the forefront of the human rights agenda, its implementation mechanisms at the national level remain inadequate. Moreover, the lack of enforcement mechanisms available through CEDAW raises the question of its efficacy on the ground.
A critical limitation of CEDAW lies in its permissive stance on reservations. The Vienna Convention on the Law of treaties defines reservations as a unilateral statement by states aiming to exclude or modify the legal effect of certain provisions when signing, ratifying, accepting, approving or acceding to a treaty. Although CEDAW allows reservations that do not conflict with the “object and purpose” of the treaty, it does not provide objective criteria to determine if this requirement has been met. This gap has led to widespread reservations, particularly to its core articles, diluting the treaty’s universality and effectiveness.
Many countries ratified CEDAW with significant reservations, particularly regarding provisions that conflict with national or religious laws which weakens the treaty’s uniformity, and the overall impact and consistency of CEDAW’s implementation globally. In contrast, Afghanistan ratified CEDAW with no reservations, demonstrating its formal commitment to the treaty’s provisions. Article 7 of the Afghan Constitution reinforces this commitment, explicitly mandating adherence to “the United Nations Charter, interstate agreements, as well as international treaties to which Afghanistan has joined, and the Universal Declaration of Human Rights.” Howevre, translating what is on the paper into tangible practices that may improve the lives of women and eradicate discrimination against them remain a distant goal globally, but particularly in Afghanistan.
CEDAW’s existing monitoring mechanisms operate primarily through the Committee on the Elimination of Discrimination Against Women, and promote compliance by reviewing state reports, issuing recommendations, and considering individual complaints under its Optional Protocol. However, these mechanisms are limited in their ability to enforce compliance, as CEDAW does not prescribe punitive measures or consequences for non-compliance by state parties. This lack of binding enforcement tools has often been criticized for reducing the treaty’s effectiveness, particularly in contexts where domestic legal frameworks and political will are insufficient to uphold its principles.
C. Beijing Declaration and Platform for Action (BDPfA)
The BDPfA was adopted by consensus at the Fourth World Conference on Women in Beijing in 1995. The BDPfA is a comprehensive policy agenda that is considered the most progressive blueprint to advance the goals of equality, development, and peace for all women, and to ensure the full implementation of women and girls’ human rights. The BDPfA identifies twelve critical areas of concern including poverty; education and training; health; violence; armed conflict; economy; power and decision-making; institutional mechanisms; human rights; media; environment; and the female child. For each critical area of concern, it outlines strategic objectives, and a detailed catalogue of relevant concrete actions to be taken by governments and other stakeholders, at national, regional and international level for achieving gender equality. To monitor and follow-up on the implementation of BDPfA, the U.N. General Assembly, the Economic and Social Council (ECOSOC) and its Commission on the Status of Women (CSW) established a three-tiered intergovernmental mechanism. This mechanism plays a central role in policy-making, review, and advancing the global agenda for gender equality.
The Beijing Conference was the catalyst for “seeing the world through a gender lens” and its primary goal was to encourage member states to ratify CEDAW and establish legal foundation for change in their countries. Following the conference, the BDPfA adopted centers on rights and included human rights as one of the twelve areas of concern. It invokes the language of human rights, specifically referring to CEDAW, and in some areas it goes beyond CEDAW to broaden focus on areas such as violence against women, the media’s effect on women’s lives, women and the environment, and the special roles and needs of female children.
As the most comprehensive intergovernmental agreement to date, the BDPfA outlines specific concrete actions required to achieve women’s empowerment, the full realization of their rights, and substantive gender equality. The significance of the BDPfA lies in the fact that it is founded on international human rights law, and was agreed upon by consensus of all 189 U.N. member states in the Beijing Conference. Rooted in the principles of non-discrimination, equality, indivisibility, and the universality of human rights, the BDPfA affirms the reality that women rights are human rights. Moreover, the BDPfA builds on state’s international obligations to respect, protect, and fulfill all human rights for all. It provides a practical roadmap for translating these obligations into tangible outcomes for women, ensuring gender equality and women’s empowerment.
The BDPfA, while a landmark political agreement and framework for advancing women’s rights and gender equality, is inherently non-binding, lacking enforceable legal obligations or robust monitoring mechanisms. As an advisory document, it primarily suggests policy measures for achieving gender equality, relying on the political will of member states for meaningful implementation. Although it affirms that women’s rights are human rights, and should be a priority, its non-binding nature allows states to selectively adopt its measures without comprehensive accountability or enforcement mechanisms.
This limitation has profound implications particularly in contexts such as Afghanistan under the Taliban regime. Afghanistan had acceded to the BDPfA without reservations, thereby affirming its commitment to the BDPfA’s principles. In compliance with its obligations, Afghanistan has periodically submitted reports to the CSW detailing the progress, achievements, and challenges encountered in fulfilling its commitment to women’s rights and gender equality. However, the absence of binding obligations and monitoring frameworks has allowed the Taliban to regress on gender equality without facing concrete consequences under the BDPfA framework. The Taliban’s systematic dismantling of women’s rights starkly illustrate the inadequacies of relying solely on political will to safegaurd women’s rights and gender equality.
To address such challenges and gaps, and in order to ensure the comprehensive implementation of BDPfA, it is imperative to establish robust monitoring and accountability mechanisms at the national, regional, and international levels. These mechanisms should include mandatory periodic reports and independent assessment to monitor compliance, while also fostering stronger linkages between BDPfA and other binding international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and CEDAW. These integrations would create enforceable obligations, enhance accountability, and foster stronger commitment to gender equality and the protection of women from socio-political regression and systematic oppression, ensuring the resilience of gender equality advancements in varying contexts.
D. UN Security Council Resolution 1325 on Women, Peace, and Security
UNSCR 1325 on Women, Peace, and Security was adopted by the UN Security Council in 2000, and is a landmark resolution that recognizes the disproportionate impact of armed conflict on women, as well as the critical role of women in conflict resolution and the development of sustainable peace. It reaffirms the need to increase the number of women in decision-making positions, peace processes, and security efforts. It also elevates the need to include gender perspective in peacekeeping operations. UNSCR 1325 brought the unique impacts of armed conflict on women into the attention of the international community.
Afghanistan adopted UNSCR 1325 in 2015 to affirm its commitment to international legal obligations regarding women’s rights, and consequently adopted the National Action Plan (NAP) in order to implement the principles of UNSCR 1325. The aim of the Afghan NAP was to address challenges Afghan women face in the aftermath of war and conflict in the country, and to increase women’s participation in peace processes and the security sector, under the primarly pillars of UNSCR 1325: participation, protection, prevention, and relief and recovery. While there was a lack of clarity about its implementation plan, the timeline, as well as established assessment mechanisms to ensure accountability, NAP was an important step for equal participation of Afghan women in these areas. It was a significant milestone for women in Afghanistan to ensure the equal participation of women in the decision making process after the oppressive period of the Taliban regime (1996-2001). However, the current Taliban regime in Afghanistan has disregarded all international mechanisms and has failed to uphold the country’s international obligations. This non-compliance calls into question the efficacy of international mechanisms in contexts where states actively refuse to adhere to their commitments under international law.
In the context of Afghanistan, the implementation of UNSCR 1325 has been inconsistent, with significant gaps and deficiencies in women’s involvement and participation in peace processes and insufficient protection mechanisms for women and girls during conflicts and crises. One of the main challenges that UNSCR 1325 encounters particularly in Afghanistan, is the deep-rooted societal and cultural norms that hinder its full implementation in developing women’s participation in decision-making processes, thereby undermining the resolution’s objectives and effectiveness. Afghanistan, characterized by a diverse cultural context, is divided between rural and urban communities with about 74% of Afghans living in rural areas where traditional and patriarchal norms are deeply entrenched. These cultural barriers, along with the Taliban’s systematic oppression of women, severely hinder the full participation of women in decision-making; thus directly impacting the objectives of UNSCR 1325.
Moreover, UNSCR 1325’s non legally binding nature, its lack of enforcement mechanisms, and its dependence on the political will and commitment of states makes its effective implementation challenging. Therefore, a multi-faceted and context-sensitive approach is essential to effectively address gender equality issues across diverse contexts.
II. The Challenge of Protecting Afghan Women’s Rights: Evaluating the Effectiveness of International Law
The effectiveness of international law in protecting women’s rights in Afghanistan faces significant challenges rooted in cultural and political contexts. Afghan society’s predominantly patriarchal structure, where men hold primary power in the family, political leadership, social privilege, and the control of property, has been shaped by traditional customs and religious beliefs.
The political environment in Afghanistan has also had significant implications for women and their human rights. Decades of conflict, including Soviet occupation, civil war, and the Taliban regime have destabilized Afghanistan and significantly impacted women’s rights. During the first Taliban regime (1996-2001), women’s rights were severely restricted, including bans on education, employment, political participation, and public presence. However, following the Taliban’s ouster in 2001, women campaigned and advocated for their rights, and the international community and Afghan government made efforts to improve women’s rights, leading to increased access to education, employment, political participation, and public presence. The Afghan Constitution of 2004 enshrined gender equality, and the country ratified CEDAW and adopted UNSCR 1325 and Afghan NAP to promote gender equality and protect women’s rights. While these efforts led to significant progress in recognizing the rights of women, they were insufficient to fully eliminate violence against women and ensure the protection of these rights in Afghanistan. Continued co384441nflict and the resurgence of the Taliban in 2021 have further exacerbated the situation for women, severely limiting their rights and freedoms. Significant discrimination and gender-based violence, widespread poverty, poor healthcare, and limited access of women to such healthcare have made Afghanistan the worst place for women.
The Taliban’s resurgence in 2021 made the situation more dire, resulting in the rollback of gains and improvements in women’s rights. The non-compliance of the Taliban regime in Afghanistan with the country’s international commitments and obligations jeopardizes women’s rights and poses significant challenges to their protection under international legal frameworks. This situation casts significant doubt on the effectiveness of international law in protecting women’s rights under such non-compliant regimes.
While the international community has made significant efforts in establishing international legal structures to protect women’s rights, in practice, the effectiveness of these frameworks is often limited by implementation and enforcement challenges, cultural resistance, and political will. While in a normative sense it has been impressive, the international community has not yet been able to agree on and devise effective solutions for the international implementation and enforcement of these legal frameworks. The comprehensive nature of instruments like CEDAW, BDPfA, and UNSCR 1325 highlights a global commitment to gender equality. However, the non-binding nature of these instruments and the variability in their implementation underscore the need for stronger enforcement mechanisms and greater international cooperation to ensure these rights are realized on the ground.
Despite the repressive policies of the Taliban, Afghan women continue to resist and advocate for restoration of their rights and freedoms, through diverse forms of advocacy including calls to codify gender apartheid as a crime against humanity. These movements have drawn the attention of international human rights organizations, UN experts, and recently European Parliament, highlighting the systematic and deliberate nature of gender-based oppression under the Taliban regime. Codifying gender apartheid as a crime against humanity would serve as a powerful tool to impose stronger obligations on states and provide the international community with effective mechanisms to enforce accountability.
This legal recognition would provide a framework for addressing the Taliban regime’s systematic erosion of human rights, particularly women’s rights, which has largely existed amongst significant international inaction. The U.N.’s other human rights bodies, such as UN Committee on the Elimination of Discrimination against Women, have condemned such oppressive edicts and policies and called for the immediate restoration of women’s rights. However, these international responses have been largely limited to expressions of concern and condemnation, without any meaningful action. By elevating gender apartheid to the status of a crime against humanity, the international community would be compelled to move beyond expressions of concern to concrete actions, including investigations, sanctions, and, where applicable, prosecutions. Such codification would reinforce the international legal system’s capacity to respond to gross violations of women’s rights and challenge the inaction that has allowed these abuses to persist. This measure would not only enhance accountability but also reinforce the global commitment to gender equality and justice under international law.
Conclusion
International legal frameworks, while providing essential standards for women’s rights, often fall short in conflict-affected and patriarchal societies. The Taliban’s disregard for international law and their imposition of oppressive edicts that restrict women’s freedoms highlight the limitations of relying solely on legal frameworks to protect women’s rights in states lacking the will to comply with their international legal obligations.
In addition, the patriarchal structures and power dynamics entrenched within Afghan society, compounded by decades of conflict, marginalization, and systemic discrimination against women, pose formidable obstacles to the effective implementation of international legal norms. The Taliban’s resurgence exacerbates these challenges by propagating regressive ideologies that justify and perpetrate violence, oppression, and gender-based discrimination against women, rendering international law inadequate in addressing deeply entrenched social norms and practices that preserve gender inequality.
To address these challenges, international human rights instruments should shift from advisory recommendations to binding obligations with clear legal consequences for non-compliance. This would reaffirm the universality of women’s rights and provide stronger protections against systemic violations.
Finally, in order to realize women’s rights and freedoms particularly in Afghanistan, a holistic and multifaceted approach is needed, one that addresses the root causes of gender inequality, challenges patriarchal norms and structures, and amplifies the voices and agency of Afghan women in shaping their own destinies. Only through concerted efforts to tackle systemic barriers, promote gender justice, and foster transformative change can international law truly fulfill its potential as a tool for advancing women’s rights in Afghanistan and beyond.
Acknowledgment: I am grateful to the Yale Journal of International Law’s editorial team and reviewers for their valuable contributions, which enhanced the clarity and consistency of this Essay. I also extend my gratitude to my husband, Anas, for his unwavering encouragement and support throughout this work.
* A human rights lawyer from Afghanistan, with a diverse background in human rights, women’s rights, and gender equality. Samim has a law degree from the Law and Political Science School, Herat University, Afghanistan; and an LL.M degree in International Human Rights Law from Notre Dame Law School. She worked with the United Nations Assistance Mission in Afghanistan (UNAMA) in Afghanistan, and currently works as Program Director for Research and Policy at Klau Institute for Civil and Human Rights, University of Notre Dame.