Afghan Girls’ Right to Education Under Taliban Rule (2021–2025): A Legal Analysis Under International Human Rights Law

Abstract

The right to education is universally recognized as a fundamental human right and a central element of human dignity, equality, and social development. Article 26 of the United Nations Universal Declaration of Human Rights affirms that education shall aim at the full development of the human personality and the strengthening of respect for human rights and fundamental freedoms. Education therefore functions not only as an individual entitlement but also as an enabling right that facilitates the realization of other human rights, promotes gender equality, and supports sustainable development. Since the Taliban’s return to power on 15 August 2021, Afghanistan has experienced severe restrictions on access to education, particularly for girls at the secondary and higher levels. Although the Taliban are not formally recognized as the de jure government of Afghanistan, they function as a de facto authority exercising effective territorial control over the territory and population. This raises significant legal questions regarding the continuity of Afghanistan’s international human rights obligations despite changes in governing authority. This research examines whether the restrictions imposed under Taliban rule are compatible with Afghanistan’s obligations under international human rights law. The study adopts a normative legal research method, analysing key international instruments including the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the International Covenant on Civil and Political Rights, together with relevant General Comments and United Nations reports. The study finds that the prohibition of girls’ education violates fundamental principles of non-discrimination and equality, as well as the obligation to respect, protect, and fulfil the right to education. It further argues that de facto authorities exercising effective control over a population remain bound by the state’s international human rights obligations. The research concludes that the Taliban’s restrictions on girls’ education are inconsistent with Afghanistan’s treaty commitments and recommends strengthened international monitoring and accountability mechanisms to safeguard the right to education for Afghan girls and women.