The situation for schoolgirls in Afghanistan has dramatically worsened over the past few years, particularly since the Taliban’s return to power in August 2021.

Under the new regime, girls’ access to education has been severely restricted, with secondary schools for girls remaining closed for the majority of the population. This crisis has sparked an urgent call for international action to protect the rights of Afghan schoolgirls and ensure their access to education. While national efforts are critical, the global community also has a pivotal role to play in addressing this issue through the establishment and enforcement of global laws.

The plight of Afghan schoolgirls is not just a national issue but a global human rights challenge. Education is not only a fundamental right but also a powerful tool for empowering girls, reducing poverty, and promoting long-term peace and stability. The question, therefore, is how can global laws be leveraged to protect Afghan schoolgirls, who are being forcibly excluded from the education system, and ensure that their rights are upheld?

The Current Crisis: Afghanistan’s Ban on Girls’ Education

Since the Taliban took control of Afghanistan, the situation for women and girls has significantly deteriorated. While the Taliban initially claimed that they would allow girls to return to school, they quickly backtracked, imposing strict policies that barred girls from attending secondary school. This move was part of a broader rollback of women’s rights, which has included restrictions on employment, freedom of movement, and participation in public life.

As of now, millions of Afghan girls are unable to attend school. The United Nations Educational, Scientific and Cultural Organization (UNESCO) estimates that over 3.5 million children in Afghanistan are out of school, with a disproportionately high number being girls. For these young girls, the denial of education is not just a temporary setback; it threatens to erase their future prospects and perpetuate a cycle of poverty, marginalization, and gender inequality.

The Legal Framework for Protecting Education as a Fundamental Right

The right to education is enshrined in several international human rights treaties and conventions. These laws offer a clear legal basis for demanding that all girls, including those in Afghanistan, have access to education. Some of the key international instruments that protect the right to education include:

1. The Universal Declaration of Human Rights (UDHR): Adopted by the United Nations in 1948, Article 26 of the UDHR declares that everyone has the right to education, and that education should be free, at least in the elementary stages. This is a cornerstone in global human rights law, guaranteeing education as a fundamental right.
2. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Adopted in 1979, CEDAW specifically mandates that signatory countries must take all appropriate measures to eliminate discrimination against women in all spheres of life, including education. Under this convention, Afghanistan is obligated to ensure that girls have equal access to education without discrimination.
3. The Convention on the Rights of the Child (CRC): This treaty, adopted by the United Nations in 1989, is particularly significant for children’s rights. Article 28 of the CRC asserts that children should have the right to education, which should be directed to the development of the child’s personality and capabilities. It also requires countries to take appropriate measures to make primary education available and accessible to all children.
4. The Sustainable Development Goals (SDGs): In 2015, the United Nations adopted the SDGs, one of which focuses specifically on education (Goal 4). Target 4.1 aims to ensure that all girls and boys complete free, equitable, and quality primary and secondary education by 2030. The situation in Afghanistan, where millions of girls are denied education, undermines the progress toward achieving this goal globally.

These legal frameworks provide an undeniable basis for the protection of schoolgirls in Afghanistan. However, international law alone is not enough to guarantee that girls in Afghanistan can return to school. Enforcement and international pressure are essential for turning these legal commitments into real change.

The Role of Global Laws in Protecting Afghan Schoolgirls

While the Afghan government under the Taliban has shown little willingness to respect international norms and treaties, the global community has an important role in pressuring Afghanistan to adhere to its international legal obligations. Here are some ways in which global laws and international mechanisms can protect Afghan schoolgirls:

1. International Pressure and Diplomacy

The international community, through organizations like the United Nations, can exert diplomatic pressure on the Taliban to reverse their policies and allow girls to return to school. In addition to the legal frameworks mentioned above, the UN Human Rights Council can be a platform for raising the issue of Afghan girls’ education and holding the Taliban accountable for their violations of international human rights laws.

Countries around the world can use diplomatic channels to push for policy changes, issuing joint statements or sanctions targeting officials responsible for enforcing restrictions on girls’ education. By making it clear that the world is watching and that continued violations will lead to further isolation, the global community can create tangible pressure on the Taliban regime.

2. Economic Sanctions and Targeted Measures

Economic sanctions can be used as a powerful tool to pressure the Taliban to change its policies. The international community, through organizations such as the United Nations Security Council or bilateral agreements between nations, can impose sanctions on the Taliban’s financial interests, particularly those related to governance and state functions. This could force the regime to reconsider its stance on education for girls, especially if the economic impact is significant.

The European Union and countries like the United States have already imposed sanctions on individuals within the Taliban who are seen as key players in the ongoing restrictions on women’s rights, including education. Expanding these sanctions and tying them to the immediate reopening of schools for girls could help push the Taliban to alter its policies.

3. International Aid and Humanitarian Assistance

Global laws can also guide the allocation of humanitarian aid to Afghanistan. Many countries and international organizations provide essential aid to Afghanistan, and conditions can be attached to this aid to ensure that it supports girls’ education. For example, governments and NGOs could link the delivery of aid to the condition that girls’ schools are reopened and that girls are allowed to participate in educational programs.

The United Nations Development Programme (UNDP) and other humanitarian organizations are already operating in Afghanistan. By using their leverage and access to funding, these organizations can insist that girls’ education be restored as part of any relief programs.

4. Support for Afghan Refugees and Diaspora Communities

Many Afghan families, especially those with daughters, have fled the country due to the restrictive environment. International legal protections can help ensure that Afghan refugees and asylum seekers, particularly those in neighboring countries such as Pakistan and Iran, are provided access to education. Refugee status should guarantee the right to education for all children, including girls. International law, such as the 1951 Refugee Convention, stipulates that refugees have the right to education, which can be extended to Afghan girls in exile.

5. Long-term Commitment to Girls’ Education

In the longer term, international laws and commitments can be used to guarantee that Afghan girls, even if they are unable to return to school in Afghanistan, are provided educational opportunities outside the country. Global educational institutions, through scholarship programs and online learning platforms, can offer Afghan girls the chance to continue their education. Moreover, global legal frameworks can incentivize countries to offer asylum and educational opportunities to Afghan girls seeking refuge.

Conclusion: A Global Call to Action

The denial of education to schoolgirls in Afghanistan represents not only a violation of fundamental human rights but also a dangerous step backward for global progress on gender equality and child welfare. The international community, through global laws and coordinated action, has the power to protect Afghan schoolgirls and hold the Taliban accountable for their actions. Through diplomacy, sanctions, humanitarian assistance, and support for refugees, global laws can be an effective tool to ensure that Afghan girls are given the opportunity to learn, grow, and thrive.

The future of Afghan schoolgirls is in the hands of the global community. If we are to protect their rights and ensure their access to education, it is imperative that we stand united in enforcing the laws that guarantee education for all, regardless of gender, nationality, or political regime. The time for action is now.