The Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) is a form of commitment and respect by the international community to achieve
equality between men and women. As one of the states that ratified CEDAW, Afghanistan
is obligated to guarantee the equality of rights between men and women. However, the
fulfilment of Afghanistan’s obligations under CEDAW is hampered after the return to power
of the Taliban in Afghanistan on 15 August 2021 along with the implementation of
discriminatory policies for Afghan women. This research aims to determine the
implementation of women’s right to be free from discrimination in Afghanistan reviewed
through CEDAW. The research method used is doctrinal legal research, using CEDAW to
review the policies implemented by the Taliban. This research finds that after returning to
power in Afghanistan, the Taliban government has hampered the realization of equality
between men and women. The previous government’s policies that recognize women’s
rights have been revoked by the Taliban, along with the implementation of various policies
that limit or even eliminate Afghan women’s rights. Some of the policies are prohibiting
girls after sixth grade from continuing their studies to secondary school, prohibiting women
from working with NGOs and the UN, and the most recent discriminatory policy is banning
women from singing in public. When viewed through CEDAW, Afghanistan under Taliban’s
regime has violated its obligation as a state party of CEDAW. Therefore, there is a need for
legal reform in Afghanistan through the elimination of discriminatory policies, and the
implementation of new policies that guarantee equal rights for men and women.