Context: ‘Gender persecution’ and ‘apartheid’
Paryani and several of the other female protesters who were on hunger strike have been previously detained by the Taliban for taking part in protests against the group’s increasing restrictions on women.
Since the Taliban’s return to power in August 2021, the situation for women has worsened. The group has issued restrictions on women’s access to education, employment, and public spaces. In May 2023, UN experts expressed concern over the “apparent perpetration in Afghanistan of gender persecution” and called it “a systematic and grave human rights violation and a crime against humanity”. The UN also recommended that theinternational community develop “further normative standards and tools to address the broader phenomenon of gender apartheid as an institutionalised system of discrimination, segregation, humiliation and exclusion of women and girls”.
Other human rights groups have also called for an investigation of the Taliban’s treatment of women and girls as possible crimes under international law, including the crimes against humanity of gender persecution, although ‘gender apartheid’ has not been defined under international law as yet.