The United Nations Human Rights Council has taken a significant step to address the severe human rights situation in Afghanistan following the Taliban’s takeover in 2021. On October 6, 2025, the Council agreed unanimously—with the exception of China—to establish an ongoing, independent investigative mechanism to monitor and investigate human rights violations, especially those targeting women and girls, since the Taliban regained power. This mechanism symbolizes the international community’s increasing concern over the Taliban’s oppressive legal and judicial systems, systemic exclusion of women, and widespread violence and discrimination.
The Mechanism and its Objectives
The newly established investigative body will build on previous efforts by the UN special rapporteur, Richard Bennett, and other human rights investigators. Its mandate is to document human rights abuses comprehensively and prepare case files that could lead to prosecutions before international justice bodies including the International Criminal Court (ICC). This continuous investigation aims to ensure accountability for widespread crimes against humanity perpetrated by the Taliban, particularly targeting women and girls.
The European Union played a critical role in pushing this resolution forward. The broad support across 46 of the 47 member countries reflects the global consensus on the urgent necessity of shedding light on and remedying the grave violations that women in Afghanistan endure.
Taliban’s Legal System: A Weapon Against Women
The special rapporteur Richard Bennett starkly described the Taliban’s judicial approach as one that is “weaponized” against women and girls. Under Taliban rule, “the legal and judicial system is being used to oppress women and girls in what amounts to crimes against humanity” (Richard Bennett). This weaponization includes suspending prior laws protecting women’s rights— notably a law criminalizing 22 forms of violence against women such as rape and forced marriage.
Furthermore, the Taliban dismissed all judges from the former government, including 270 female judges, and replaced them with men who lack formal legal training and make rulings based purely on Taliban edicts. This profound erosion of legal protections effectively consolidates Taliban control while institutionalizing gender discrimination.
Exclusion and Oppression of Women and Girls
Since the Taliban regained power in August 2021, Afghan women have faced near-total exclusion from public, economic, social, and political life. They have been banned from higher education since December 2024 and face severe restrictions on employment, freedom of movement without a male guardian (mahram), and participation in public affairs. The enforcement of strict hijab laws and the requirement for male accompaniment to access healthcare, education, or government services severely curtail their fundamental freedoms.
UN Women highlights that Afghan women “face nearly total exclusion from education, employment, and public participation” and warns that these escalating restrictions will drastically set back decades of progress on gender equality.
Stark Gender Disparities: Statistics and Impact
Afghanistan now ranks second-worst globally for gender gaps in health, education, and economic participation, with a striking 76% gap separating women’s outcomes from men’s.
Between January 2022 and June 2024 alone, reports indicate at least 840 documented incidents of gender-based violence including 332 killings. These figures starkly underline not only the systemic legal suppression but also the deadly physical risks Afghan women endure.
Human Rights Watch and Amnesty International have documented the intense crackdown on women’s rights. Amnesty condemned the “moral policing” by the Taliban as a tool to enforce systemic discrimination, urging the Taliban to restore basic human rights and end impunity for these violations.
International Community’s Response
The resolution establishing the investigative mechanism was met with broad support from Western nations and human rights groups. The EU Ambassador Ib Petersen stated,
“this probe aims to address impunity and stand in solidarity with the people of Afghanistan” (Ib Petersen).
The United States and many allied countries also strongly welcomed this initiative, reinforcing the importance of accountability and the protection of women’s rights.
However, the Chinese delegation broke with the consensus, with envoy Wang Nian contending that Afghanistan has seen “various measures for stability, economic growth, and improvement of people’s livelihoods” and urged recognition of these developments. Wang argued that the resolution “failed to acknowledge the positive progress” and “lacks balance” in light of China’s diplomatic relations and views on sovereignty.
This contrasting stance from China reflects a broader geopolitical tension over how to engage with Afghanistan under Taliban rule, balancing human rights advocacy with strategic interests.
Legal Accountability and the ICC Warrants
The investigative mechanism’s work will complement existing international justice efforts. The ICC has already issued arrest warrants for several senior Taliban figures on charges of crimes against humanity related to gender persecution.
The UN’s ongoing probe aims to collect extensive evidence to further strengthen cases against those responsible for systematic abuses, providing crucial documentation that may lead to more international prosecutions.
Broader Humanitarian Context
The rights probe comes amid a devastating humanitarian crisis in Afghanistan. The Taliban’s policies have not only isolated women and girls but also contributed to widespread poverty, food insecurity, and limited access to essential services. The international community emphasizes that meaningful improvements in human rights and gender equality are inseparable from broader peace, stability, and development efforts in the country.
The UN Human Rights Council’s decision to create an ongoing, independent investigative mechanism focusing on Afghanistan represents a pivotal attempt to hold the Taliban accountable for its egregious human rights abuses, particularly the systematic oppression of women and girls. The contrast in global positions, exemplified by China’s dissent and Western consensus, underscores the complex diplomatic environment surrounding Afghanistan’s future.
Afghan women continue to face one of the most severe gender-based human rights crises globally, with near-total exclusion from public life and widespread violence. This probe signifies renewed hope for justice, transparency, and international solidarity with Afghan women, whose fundamental rights remain under grave threat.
