Explainer: What is gender apartheid?

A global push is underway to recognise gender apartheid as an international crime. The campaign, led by Afghan and Iranian women’s rights activists alongside human rights groups, aims to hold states accountable for systemic oppression. Currently, only racial apartheid is defined under international law—leaving gender-based regimes, like the Taliban’s rule in Afghanistan, without clear legal consequences.

The term gender apartheid describes state-enforced systems where one gender dominates another through laws, policies, and violence. Activists argue that if the word racial were replaced with gender in the existing apartheid definition, it would fit the treatment of women and girls in Afghanistan under the Taliban. Unlike gender persecution—already recognised under international law—gender apartheid focuses on broader state structures rather than individual acts.

Two legal paths could formalise this recognition: amending the **Rome Statute** of the International Criminal Court (ICC) or including it in a proposed **UN Convention on Crimes Against Humanity**. Discussions for the latter are ongoing, with another round of talks scheduled for 2026. At least 11 states already support the inclusion of gender apartheid in the convention. Recognition would have practical effects. If classified as a crime against humanity, systematic oppression—such as banning girls from education or excluding women from public life—could lead to prosecutions. A December 2025 ruling, based on witness testimonies, could set a precedent by declaring the Taliban’s policies a violation of international law. The term might also extend to other marginalised groups, like LGBTI communities facing state-backed persecution in countries such as Uganda.

Formal recognition of gender apartheid would create a legal framework to challenge state-sponsored oppression. It would allow courts to preserve evidence, prosecute leaders, and demand accountability for regimes enforcing gender-based discrimination. The next round of UN talks in 2026 will determine whether this push gains broader international support.