Afghanistan: UN reports and the legal definition of "gender apartheid"

Translated by Benedetta Calice

The condition of the female population in Afghanistan has returned to the center of international debates following the assessments presented by the United Nations Human Rights Council. Through joint monitoring by the UNAMA mission and specialized agencies, analysts document a progressive reduction of public space for women, determined by a regulatory framework that rigidly regulates their education, employment, and social conduct, as detailed in periodic reports by UN Women. The extent of these restrictions has prompted special rapporteurs and international legal experts to urge the formal recognition of this condition under the legal classification of "gender apartheid", proposing its inclusion among the crimes against humanity covered by international criminal law.

The restrictive path initiated in August 2021 proceeded through successive stages: initial provisions suspending access to secondary and university education paths for over one and a half million girls were followed by directives that limited female employment in most public offices, law firms, and local and international non-governmental organizations. This architecture was further codified through the law on the "Propagation of Virtue and Prevention of Vice", a text structured into dozens of regulations that establishes the obligation of full coverage in public and imposes formal restrictions on the modulation of the female voice outside domestic walls, furthermore subordinating long-distance travel to the presence of a male family chaperone.

Faced with the findings formulated by international bodies and foreign governments, the authorities in Kabul have consistently rejected all accusations of systemic discrimination. Spokespersons for the Afghan government characterize the decrees as a legitimate expression of national sovereignty and a rigorous interpretation of Islamic jurisprudence, arguing that the provisions aim to protect family honor and guarantee a social order consistent with local religious values. Furthermore, the authorities respond to criticisms by denouncing attempts at external interference in the country's internal affairs, emphasizing that Western legal systems cannot constitute a universal benchmark for evaluating different traditional contexts.

The divergence in approach places international diplomacy before a complex imperative node. Multilateral bodies find themselves having to reconcile the need to reaffirm the principles enshrined in human rights treaties with the pragmatic necessity of keeping channels open for dialogue and the delivery of essential humanitarian aid, upon which the survival of a large portion of the Afghan civilian population depends. In parallel, the debate among international legal scholars continues at the multilateral level, focused on the appropriateness of equipping the global community with new regulatory tools capable of defining, monitoring, and sanctioning institutional gender-based discrimination, outlining a legal precedent destined to carry weight far beyond the borders of the Afghan context.

Mondo Internazionale APS - Riproduzione Riservata - 2026