The Digital Rights of Afghan Women under the Taliban Regime (2021–2025): A New Frontier for Fundamental International Human Rights Law

Abstract

The rapid development of digital technologies has changed the ways fundamental human rights are practiced by online freedom of expression, privacy, and access to information integral to today's societies. In August 2021, as the Taliban retook power in Afghanistan, Afghan women were subjected to unprecedented restrictions on their civil, political, economic and social rights, including on how they can access digital spaces. In this research, the authors explore the scope of the Taliban's policies in discriminating against the rights to digital access for Afghan women and investigate the potential of international human rights law to safeguard the ability of women to enjoy the freedom of expression in the digital realm under the de facto Taliban regime. The research is conducted using the normative legal research method, including statutory and conceptual approaches with a historical approach, assisted by primary, secondary, and tertiary legal materials. The study examines international legal instruments, such as the UDHR, the ICCPR, the ICESCR and the CEDAW, as well as the United Nations Reports, scholarly literature and legal doctrine. The results show that between 2021 and 2025, the Taliban have systematically rolled back women's digital rights by limiting women's access to the internet, freedom of expression online, digital education, privacy and participation in public life. These measures comprise both direct and indirect gender discrimination and have had a disproportionate impact on women from minority communities, especially Hazara women and Uzbek women. The study finds that these practices are inconsistent with the state's international human rights commitment, which remains in force on its territory even if the Taliban are a de facto regime. Therefore, international human rights law remains the main legal framework to secure the digital rights of Afghan women and serves as the normative ground for holding people accountable and ensuring their fundamental freedoms in digital spaces.