Authored By: Arailym Zhumakan
University of Turin
1. Introduction
Under international human rights law, education is recognised as a fundamental right that must be guaranteed without discrimination. Since the Taliban returned to power in August of 2021, the country has been comprised of a reported decline of rights for women and girls, a lack of food security, restrictions on press freedoms, mass displacement and hostilities with Pakistan. Now the country, which has continually ranked the last in Georgetown’s Women, Peace, and Security Index, faces a catastrophe that may only be cured by overwhelming international support.[1]
Education is considered one of the fundamental human rights, based on the idea that every person is entitled to have an education, regardless of race, sex, religious background, or ethnicity.
This raises a fundamental question: if Afghanistan is bound by international human rights obligations protecting the right to education and non-discrimination, to what extent do Taliban’s restrictions on women’s education constitute a violation of those obligations?
2. The Right to Education under International Law
The Universal Declaration of Human Rights’ (UDHR) Article 26[2] protects the right to education and states that education must be accessible without discrimination:
“Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.”
Education is the core tool that builds equality, dignity, and participation. It gives individuals understanding of their rights, skills to become a professional, and power to speak up. Getting an education is heavily connected to a fair society where everyone can share ideas and including the fact that in today’s society the more educated you are the more doors open for you.
Education is therefore not only a means of personal development, but a right closely connected to participation in society. Denying access to education merely on the basis of sex can and is affecting other fundamental rights.
The right to education is protected by the International Covenant on Economic, Social and Cultural Rights (ICESCR). Here Article 13 protects the right of everyone to education, meanwhile Article 2.2 requires the rights to be applied without discrimination based on sex. Afghanistan acceded to the ICESCR in 1983, making these obligations directly applicable to the protection of education within the country.
Furthermore, the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) addresses women’s access to education. Article 10[3] specifies:
“States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women…” ensuring equal opportunities in educational institutions, career conditions, and vocational guidance.
Afghanistan signed CEDAW in 1980 and ratified it in 2003. However, the Taliban’s takeover in August 2021 effectively dismantled women’s rights, creating a crisis where the de facto authorities violate CEDAW through institutional prohibitions on education, work, and public life, despite the state’s permanent legal obligation.
The Convention on the Rights of the Child (CRC) provides an additional layer of protection for girls as children, Article 28 recognises the child’s right to education, while Article 2 establishes the principle of non-discrimination. Afghanistan ratified the Convention in 1994.
Finally, these instruments establish a substantial international legal framework protecting education and equality in Afghanistan. The issue is therefore not simply whether girls are being denied access to schools, but whether such restrictions are compatible with obligations Afghanistan has already accepted under international human rights law.
3. Restrictions Imposed by the Taliban
Over the history Afghanistan went through many changes in its government rulings. The most recent change was on 15 of August of 2021 (continuing till present) when the Taliban seized control of Kabul. They immediately closed secondary schools in March 2022, which included grades 7-12 for girls. Facing massive international condemnation and a freeze on foreign financial aid, the Taliban claimed this closure was only temporary until they could design a “safe, Islamic environment” and appropriate school uniforms.
Bans for women broadened considerably over time. Following circumstances, in December 2022 women were prohibited from attending universities. The restrictions continued and expanded, including further limitations on women’s professional training and education. UN Women reports that women and girls remain excluded from education and that the late-2024 ban on women’s access to tertiary healthcare courses further restricted education access,[4] meaning that women’s training for medical field like nursing and midwifery has been heavily restricted.
Restrictions do not end simply on educational rights, but include:
Employment and Public Life: women are prohibited from working in most government and private sectors, with very rare exceptions in basic healthcare and primary education; beauty salons run by women have been permanently shut down; women are banned from entering public parks, gyms, funfairs, and public bathhouses;
Movement and Appearance: women cannot travel distances exceeding 72 kilometres without being accompanied by a close male relative (mahram)[5]; strict hijab and face-covering regulations (burqa) are mandatory in public; women are restricted from using public transport alone and cannot obtain driving licenses with new restrictions added constantly.
4. Conclusion
Measures taken by the Taliban on women’s rights demonstrate that it is not solely the prohibition of education, but forms part of a broader system of restrictions on women’s participation in public and professional life. The continuing prohibition on secondary and higher education therefore raises serious questions regarding Afghanistan’s compliance with its obligations under international human rights law, particularly the requirements of equality and non-discrimination established by CEDAW, CRC, and ICESCR.
While the restrictions are incompatible with Afghanistan’s treaty obligations it is not currently possible to enforce sanctions or take actions on the situation as there is no international legal enforcement body or mechanisms despite the existence of an applicable law.
Bibliography:
Afghanistan humanitarian crisis has intensified since Taliban’s return to power, JURIST news jurist.org
UDHR Article 26
UN General Assembly resolution 34/180
Outcome AFG_D_1.3, UN Women
Taliban’s Ministry for the Promotion of Vistula and Prevention of Vice
[1]Afghanistan humanitarian crisis has intensified since Taliban’s return to power, JURIST news jurist.org
[2]UDHR Article 26
[3]UN General Assembly resolution 34/180
[4]Outcome AFG_D_1.3, UN Women
[5]Taliban’s Ministry for the Promotion of Vistula and Prevention of Vice
