Codifying global conscience: gender equality – a norm of jus cogens

This paper critically and comprehensively examines whether gender equality qualifies as a norm of jus cogens within international law. It utilises the Afghan ‘Law on the Propagation of Virtue and Prevention of Vice, 2024’ as a case study to contend that the global legal conscience increasingly recognises gender equality as a peremptory norm. The study illustrates how gender equality is both widely recognised and ingrained in customary international law through doctrinal analysis and a synthesis of key international legal instruments, such as the UDHR, ICCPR and CEDAW. Further, the paper examines philosophical foundations derived from Rawls’ theory of justice and emphasises the normative dominance of jus cogens over religious and cultural relativism. It is demonstrated how gender equality represents the fundamental principles of the global community by tracing the development of gender rights in state practice and human rights jurisprudence. Conclusively, it is established that recognising gender equality as an emerging jus cogens norm moves discriminatory legislation toward constitutional incompatibility and places an increasing universal obligation on nations to respect and implement this principle. This development strengthens international commitments to justice, human rights, and dignity, while signalling that states must progressively align their legal systems with this evolving peremptory standard.