KABUL, Afghanistan — In a move that marks a devastating escalation in the systematic erasure of women’s rights, the de facto authorities in Afghanistan have issued a new legislative mandate that effectively codifies the subjugation of women and girls. Known as Decree No. 12, this latest set of regulations represents a profound dismantling of the legal protections that once offered a glimmer of hope for survivors of domestic abuse and gender-based violence. The decree, which was distributed to judicial bodies across the country for immediate implementation earlier this year, does not merely restrict the movement of women; it fundamentally redefines their status from citizens with rights to subjects under the absolute authority of their male relatives.
For the women of Afghanistan, the arrival of Decree No. 12 is a grim milestone in an ongoing campaign of institutionalized discrimination. Since the shift in power in August 2021, the world has watched as a series of edicts have incrementally stripped girls of their education, women of their careers, and the female population at large of their presence in public spaces. However, this specific decree goes further by targeting the private sphere, reaching into the sanctuary of the home to strip away the right to safety and bodily autonomy. UN Women has expressed profound concern over the implications of this law, noting that it not only diminishes the existing rights of women but actively exposes them to heightened risks of violence with little to no legal recourse.
At the heart of Decree No. 12 is the formal removal of equality between men and women before the law. This is not a symbolic change; it is a structural one. By placing husbands in a position of total authority over their wives, the decree creates a domestic hierarchy where the man acts as both the head of the household and the primary arbiter of justice. Under this new framework, a husband is only held criminally liable for acts of violence within a marriage if those acts result in "severe and visible" physical injuries. This narrow definition of abuse effectively legalizes a wide spectrum of violence. Psychological torment, emotional manipulation, and sexual violence within the marriage are no longer prohibited under this decree. By requiring that injuries be "visible" to warrant judicial intervention, the de facto authorities have signaled to survivors that their suffering is only valid if it leaves a physical mark that can be documented by a male-dominated court.
The obstacles to seeking justice under this new regime are nearly insurmountable. For a woman to report abuse, she must navigate a judicial labyrinth designed to discourage her at every turn. According to the provisions of the decree, combined with existing restrictions, a woman seeking help must present her case before a male judge. She is required to be fully covered, often in a burqa, which can hinder the communication of her distress and the presentation of evidence. Perhaps most distressing is the requirement that she be accompanied by a male guardian, or mahram. In many cases of domestic violence, the male guardian is the very perpetrator the woman is attempting to report. This creates a terrifying paradox where a victim must rely on her abuser to grant her permission or provide the physical escort necessary to file a complaint against him.
Furthermore, Decree No. 12 extends its reach into the social and familial networks that often serve as a lifeline for women in crisis. The decree stipulates that women, or even their relatives, can be imprisoned if a woman frequently visits a relative’s home without her husband’s explicit permission. This measure is designed to isolate women, cutting them off from the emotional and physical support of their birth families. In a society where the family unit is the primary source of protection, being barred from one’s kin is a form of social excommunication. It leaves women trapped within their marital homes, unable to seek refuge or advice from those they trust most.
The decree also introduces a series of vague but severe punishments for acts deemed "immoral" or "corrupt." These terms are not clearly defined, leaving them open to the interpretation of local officials and the morality police. Under these provisions, women are particularly vulnerable. Because their behavior, dress, and movements are already subject to intense scrutiny, any perceived deviation from the de facto authorities’ strict social codes can lead to the harshest of penalties, including corporal punishment and even death. The psychological weight of this constant surveillance cannot be overstated; it creates an environment of pervasive fear where every action is a potential crime.
Beyond the domestic sphere, Decree No. 12 aims to silence any remaining voices of dissent. It criminalizes any criticism of the de facto officials, their administrative policies, or their specific interpretation of Sharia law. Those found in violation of this rule face imprisonment or corporal punishment. This provision effectively shutters the door on advocacy for women’s rights and removes the possibility of public dialogue regarding the direction of the country’s legal system. By making it a crime to question the state’s interpretation of religious law, the authorities have insulated themselves from accountability, ensuring that their decrees remain unchallenged by the very people they affect most.
The international community, led by voices within UN Women, has responded to this decree with a mixture of alarm and a call for urgent action. The consensus among human rights advocates is that Afghan women and girls are being subjected to a form of "gender apartheid"—a system where discrimination is so deeply embedded in the legal and social fabric that it becomes inescapable. UN Women has reiterated that Afghan women have an inherent right to live free from violence and discrimination. These are not Western ideals, but universal human rights enshrined in international treaties and conventions to which Afghanistan remains a party. The right to dignity, safety, and participation in public life is not a luxury; it is a fundamental requirement for a functioning and just society.
The context of this decree is also a critical part of the narrative. It does not exist in a vacuum but is part of a cumulative effort to restrict the lives of women. Since 2021, the world has seen the closure of secondary schools for girls, the banning of women from universities, and the exclusion of women from most workplaces, including international NGOs. These restrictions have had a compounding effect on the economy and the mental health of the population. When women are removed from the workforce, families lose vital income; when girls are removed from schools, the nation loses its future doctors, teachers, and leaders. Decree No. 12 is the latest brick in a wall that is being built around the women of Afghanistan, intended to keep them invisible and powerless.
In its official capacity, UN Women is calling on the de facto authorities to immediately reassess and rescind all laws and policies that infringe upon the rights of women and girls. The organization emphasizes that for Afghanistan to achieve any measure of stability or international recognition, it must uphold its obligations to protect all its citizens. Legal frameworks must be designed to ensure equality before the law and provide meaningful access to justice for everyone, regardless of gender.
The resilience of Afghan women remains a testament to their strength, but resilience should not be a prerequisite for survival. As Decree No. 12 begins to take hold in the provincial courts and local communities of Afghanistan, the need for global solidarity has never been more pressing. The stories emerging from Kabul and beyond are a stark reminder of what happens when the rule of law is used as a tool of oppression rather than a shield for the vulnerable. The message from the ground is clear: the women of Afghanistan are not asking for special treatment; they are demanding the basic right to exist as full human beings, protected by laws that value their lives as much as those of their male counterparts.
