مرکز اسناد حقوق بشر ایران Iran Human Rights Documentation Center
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What is gender apartheid?

It is more than discrimination.

Gender apartheid refers to inhumane acts—including legislative and non-legislative measures—that prevent women and girls from participating in the political, social, economic, and cultural life of a country, or deliberately create conditions that hinder their full development.

These acts may include the severe deprivation or restriction of fundamental rights and freedoms, such as:

• The right to work and education
• The right to citizenship
• Freedom of movement and residence
• Freedom of thought and expression
• Freedom of peaceful assembly and association
• The right to participate in public and political life

The key distinction?

Gender apartheid exists when such acts are carried out within an institutionalized system of oppression and domination of one gender group over another, with the intent to maintain that system.

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Afghanistan: Two Legal Paths to Accountability for Gender-Based Persecution

The Taliban’s system of restrictions on women and girls in Afghanistan has prompted action through two distinct international legal pathways.

In July 2025, the International Criminal Court issued arrest warrants for Taliban Supreme Leader Haibatullah Akhundzada and Chief Justice Abdul Hakim Haqqani, finding reasonable grounds to believe that they bear criminal responsibility for the persecution of women and girls on gender grounds, among others.

Separately, Australia, Canada, Germany, and the Netherlands have initiated proceedings against Afghanistan under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), alleging widespread and systematic violations of women’s rights.

Neither proceeding is formally brought as a case of “gender apartheid.” The term is not currently recognized as a standalone crime under the Rome Statute.

Yet Afghanistan has become a central case in the growing international debate over whether and how gender apartheid should be recognized in international law.

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Iran: When Does Discrimination Become a System?

In Iran, gender-based inequality is embedded in law and reinforced by institutions that regulate women’s and girls’ family lives, movement, appearance, education, employment, and participation in public life. Then look at enforcement.

Compulsory hijab is not simply a rule on paper. Women and girls who challenge it have faced surveillance, arrest, detention, violence, prosecution, and other forms of coercion. And when women resist, gender-based restrictions can intersect with a broader machinery of repression, including arbitrary detention, torture, enforced disappearance, and other serious human rights violations.

This raises a deeper legal question: “Do discriminatory laws, state institutions, coercive enforcement, and repression operate together to create and maintain a system of gender-based domination?”

That is where the concept of gender apartheid becomes legally significant.

Gender apartheid is not currently recognized as a standalone crime under the Rome Statute. But CEDAW’s General Recommendation No. 40 calls for the codification of gender apartheid as a crime under international law, including through the Draft Crimes Against Humanity Convention currently under negotiation.

For Iran, the question is therefore not only whether discrimination exists. It is whether law, institutions, and coercive enforcement work together to sustain a system of gender-based domination—and whether international law is equipped to hold those responsible to account.

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Nilofar Ayoubi is an Afghan women’s and human rights defender, journalist, entrepreneur, humanitarian advocate, and international speaker whose life reflects a lifelong commitment to freedom, equality, and women’s voices.

Growing up in conservative northern Afghanistan, Nilofar spent much of her childhood as bacha posh—a social phenomenon in which girls are raised and presented as boys, often for different reasons, including families without sons or without a male breadwinner. In Nilofar’s case, however, she became bacha posh simply because she wanted to experience the freedom and opportunities of a normal childhood—freedoms that were largely unavailable to girls around her. Under the name Zmaray, meaning “lion” in Pashto, she could move more freely, feel safer, and continue her education.

Living as a boy from an early age gave Nilofar firsthand experience of the stark differences between the freedoms afforded to boys and the restrictions placed on girls. That experience shaped her determination to create a society where girls would not have to hide who they are in order to access basic rights and opportunities.

She went on to become a journalist and entrepreneur, creating employment opportunities for many women, founding the Women’s Political Participation Network, and co-founding the #WhereIsMyName campaign. Her humanitarian work has included supporting hundreds of Afghan families during COVID-19 and helping relocate more than 200 people at high risk of persecution following the Taliban’s return to power.

After leaving Afghanistan in 2021, Nilofar continued her advocacy from exile, speaking internationally about Afghan women’s rights, democracy, independent media, and freedom. She has served as the CEO of Asia Times Afghanistan and is the co-founder of Radio Free Women, amplifying the voices of women increasingly excluded from public life.

From a girl who once lived as a boy simply to experience the freedoms of childhood, Nilofar has become a voice for women seeking the same freedom to live, speak, learn, and participate fully in society. Her journey reflects how a personal experience of inequality can become a lifelong commitment to creating greater freedom and opportunity for others.

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