State Responsibility of Afghanistan Under Taliban Regime
Serious concerns on the rights of Afghanistan’s women and girls have been raised ever since the Taliban returned to power on 15th August 2021. This paper uses a normative methodology to investigate the discrepancy of legal argument in the international law of succession in terms of status of Talib...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universitas Muhammadiyah Yogyakarta
2023-01-01
|
| Series: | Jurnal Media Hukum |
| Subjects: | |
| Online Access: | https://journal.umy.ac.id/index.php/jmh/article/view/16020 |
| _version_ | 1811154166811197440 |
|---|---|
| author | M. Yakub Aiyub Kadir Siti Nurhaliza |
| author_facet | M. Yakub Aiyub Kadir Siti Nurhaliza |
| author_sort | M. Yakub Aiyub Kadir |
| collection | DOAJ |
| description | Serious concerns on the rights of Afghanistan’s women and girls have been raised ever since the Taliban returned to power on 15th August 2021. This paper uses a normative methodology to investigate the discrepancy of legal argument in the international law of succession in terms of status of Taliban within the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) framework. This paper confirmed that the Taliban is the de facto government of Afghanistan as the Taliban have effective and integrated control over a state territory and there is no competing entity with a solid constitutional claim. Therefore, the Taliban is bound by international law to guarantee that women enjoy equal educational rights, including access to school and curriculum. However, the current framework of CEDAW, including the CEDAW committee has not be able to cope with such issues, as it should be reformed in the next future. |
| first_indexed | 2024-04-10T04:12:10Z |
| format | Article |
| id | doaj.art-dd12cede7db74caab2d81b8a7225e7c0 |
| institution | Directory Open Access Journal |
| issn | 0854-8919 2503-1023 |
| language | English |
| last_indexed | 2024-04-10T04:12:10Z |
| publishDate | 2023-01-01 |
| publisher | Universitas Muhammadiyah Yogyakarta |
| record_format | Article |
| series | Jurnal Media Hukum |
| spelling | doaj.art-dd12cede7db74caab2d81b8a7225e7c02023-03-13T02:59:16ZengUniversitas Muhammadiyah YogyakartaJurnal Media Hukum0854-89192503-10232023-01-0130112010.18196/jmh.v30i1.160206480State Responsibility of Afghanistan Under Taliban RegimeM. Yakub Aiyub Kadir0Siti Nurhaliza1(Scopus ID: 57205682566) Universitas Syiah KualaSyiah Kuala UniversitySerious concerns on the rights of Afghanistan’s women and girls have been raised ever since the Taliban returned to power on 15th August 2021. This paper uses a normative methodology to investigate the discrepancy of legal argument in the international law of succession in terms of status of Taliban within the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) framework. This paper confirmed that the Taliban is the de facto government of Afghanistan as the Taliban have effective and integrated control over a state territory and there is no competing entity with a solid constitutional claim. Therefore, the Taliban is bound by international law to guarantee that women enjoy equal educational rights, including access to school and curriculum. However, the current framework of CEDAW, including the CEDAW committee has not be able to cope with such issues, as it should be reformed in the next future.https://journal.umy.ac.id/index.php/jmh/article/view/16020cedaweducation rightsstate responsibilitytaliban regime |
| spellingShingle | M. Yakub Aiyub Kadir Siti Nurhaliza State Responsibility of Afghanistan Under Taliban Regime Jurnal Media Hukum cedaw education rights state responsibility taliban regime |
| title | State Responsibility of Afghanistan Under Taliban Regime |
| title_full | State Responsibility of Afghanistan Under Taliban Regime |
| title_fullStr | State Responsibility of Afghanistan Under Taliban Regime |
| title_full_unstemmed | State Responsibility of Afghanistan Under Taliban Regime |
| title_short | State Responsibility of Afghanistan Under Taliban Regime |
| title_sort | state responsibility of afghanistan under taliban regime |
| topic | cedaw education rights state responsibility taliban regime |
| url | https://journal.umy.ac.id/index.php/jmh/article/view/16020 |
| work_keys_str_mv | AT myakubaiyubkadir stateresponsibilityofafghanistanundertalibanregime AT sitinurhaliza stateresponsibilityofafghanistanundertalibanregime |