Electronic Theses and Dissertation

Tidak Tersedia Deskripsi

As Taliban returned to power in Afghanistan, this group has succeeded in controlling most of Afghan territory and treated as Afghanistan's de facto government. Taliban still needs recognition from other countries on the ability of the Taliban as a new government to represent Afghanistan as a country. Looking back to the last Taliban rules in 1996, it raises big concerns on the rights of women and girls in Afghanistan. Afghanistan as the party to CEDAW must fulfil the rights of women and girls of Afghanistan in particular Article 10 regarding Education. The purpose of this research is to explain what is the status of Taliban under International law, to explain to what extent Taliban as a government be held responsible for international human rights system in particular to implementation of Article 10 of CEDAW and how CEDAW committee in Afghanistan response to the violation of Article 10 CEDAW. The research uses are normative methodology. Data required for this research consist of primary and secondary legal resources. Primary legal resources were collected through the CEDAW and other regulations. Secondary legal resources were obtained through reviewing related journals. All collected data were analyzed by applying qualitative analysis. The result shows that the Taliban is considered as the de facto government of Afghanistan as Taliban have effective and integrated control over a state territory and There is no competing entity with a solid constitutional claim. To get the recognition, Taliban must prove their willingness to protect human’s rights especially women and girls. As Afghanistan's de facto government, the Taliban is bound by international law to guarantee that women enjoy equal educational rights, including access to schools and curriculum. As the Taliban has violated Afghan girls' educational rights, the CEDAW committee urges the Taliban to follow their pledge and stop restricting the educational rights in particular for Afghan girls’ and women. It is recommended that the Taliban must transformed and respected human rights as well as establish an inclusive government so that foreign help can be sent to Afghanistan. Moreover, the author also suggests that new educational approaches, such as online education, will be pushed by the worldwide community due to the Taliban continues to impose many restrictions on the educational opportunities of Afghan girls and to intensify diplomatic pressure on the government to preserve the rights of higher education professors and lecturers.