Here’s quite a fascinating TED talk by Kimberley Motley,who I know has been somewhat of a controversial figure in Afghanistan in the past. She has some interesting thoughts on what it’s like to be a lawyer, representing clients and promoting rule of law in fragile states such as Afghanistan. She represents an interesting array of cases, including gender-based violence and human rights cases in Afghanistan.
Her main thrust in this talk, which I have always agreed with – is that in many countries, there are already many laws on the books that could protect and promote human rights. Even within Shari’a law, there are ways to interpret key statutes and the Quran in ways that are gender-equitable. There are many laws relating to family and criminal law on the books in Afghanistan and elsewhere that are indeed, good for rights. The problem is that these laws are not being used. When they are implemented effectively by lawyers who are good at advocating for their clients, you can truly foster a culture of ‘rule of law.’