UN experts have called for member states to formally recognize **gender apartheid** as a crime against humanity during the drafting of a treaty aimed at the **Prevention and Punishment of Crimes Against Humanity**. This appeal, made on **March 11, 2024**, highlights the urgent need for accountability regarding the treatment of women in Afghanistan under the Taliban regime.
The **Working Group on Discrimination Against Women and Girls** emphasized the dire situation faced by Afghan women, who are currently denied access to education, work, and public life. The experts contend that the inclusion of gender apartheid in the treaty is essential for holding perpetrators accountable under international law. **Richard Bennett**, the **Special Rapporteur on the Situation of Human Rights in Afghanistan**, supported this call, reinforcing the importance of women’s participation in the treaty drafting process.
In **May 2024**, the working group had previously urged the **UN Human Rights Council** to recognize gender apartheid as a distinct crime, in addition to existing definitions of gender persecution. The latter is defined as the “intentional and severe deprivation of fundamental rights contrary to international law by reason of sex characteristics.” Experts believe this definition does not adequately capture the systematic nature of human rights violations faced by women.
Despite **international human rights treaties** advocating for gender equality, the group noted that discriminatory practices continue to exist. They argued that defining gender apartheid would address institutionalized gender-based oppression more effectively.
In a related context, **Human Rights Watch (HRW)**, in **December 2025**, proposed similar provisions for the draft treaty, advocating for the inclusion of issues such as reproductive violence and forced marriage. Legal experts **Akila Radhakrishnan** and **Alyssa Yamamoto** reported that, as of May 2024, ten states expressed willingness to consider codifying gender apartheid within the treaty.
The **European Parliament** also voiced its support in an **October 2025** press release, condemning the Taliban for its ongoing human rights violations against women and girls. Since the Taliban’s takeover in **August 2021**, numerous rights groups and international organizations have begun documenting the escalating human rights abuses in Afghanistan. In **2023**, HRW asserted that the systematic gender persecution by the Taliban constitutes a crime against humanity as defined by the **Rome Statute**.
In **January 2025**, a coalition of **26 countries** called on the Taliban to cease all violations of the **UN Convention on the Elimination of All Forms of Discrimination Against Women**. The UN International Law Commission recognized the prohibition of crimes against humanity as a peremptory norm in **2019**. The draft treaty represents a pivotal step toward ensuring accountability for such crimes.
One of the significant aspects of the draft treaty is **Article 7**, which establishes the principle of **universal jurisdiction**. This provision allows member states to prosecute individuals accused of crimes against humanity when they enter the state’s territory, regardless of their citizenship or the location of the alleged crime.
The push for recognizing gender apartheid underscores a growing international commitment to addressing gender-based violence and discrimination. As discussions continue, the inclusion of gender apartheid in international law could pave the way for greater accountability and protection of women’s rights globally.
