In the corridors of power in Kabul, a new legal reality has been codified, one that further isolates the women and girls of Afghanistan from the protections of the law and the safety of their own homes. The de facto authorities have officially implemented Decree No. 12, a sweeping legislative instrument that systematically dismantles the remaining vestiges of gender equality in the country. This latest move is not merely an administrative shift; it represents a profound regression in the status of women, placing them under the absolute authority of male relatives and effectively legalizing forms of domestic abuse that were previously recognized as crimes.
The decree, which was circulated to the Afghan court system for immediate implementation in early January, serves as a formal rejection of the principle that men and women are equal before the law. By stripping away this foundational human right, the de facto authorities have created a tiered legal system where a woman’s testimony, her safety, and her very autonomy are secondary to the whims of her husband or male guardian. UN Women has expressed profound alarm over the decree, noting that it exposes an entire generation of women to a heightened risk of violence while simultaneously removing the mechanisms designed to protect them.
One of the most chilling aspects of Decree No. 12 is its specific language regarding domestic violence. Under these new regulations, a husband is only held criminally liable for acts of violence against his wife if those acts result in "severe and visible physical injuries." This narrow definition essentially provides a legal shield for perpetrators of psychological, emotional, and sexual violence. By requiring injuries to be "visible" to warrant judicial intervention, the law ignores the devastating and long-lasting impact of non-physical trauma and internal injuries. In a society where women’s bodies are increasingly hidden from public view by mandatory dress codes, the threshold for proving "visible" injury becomes an almost insurmountable barrier to justice.
Furthermore, the decree solidifies the husband’s position as the ultimate authority within the domestic sphere. This hierarchy is not merely social but is now enforced by the state. When a woman attempts to seek justice for the violence she endures, she is met with a legal process designed to discourage and silence her. According to the provisions of the decree, a woman must present her case before a male judge. She must do so while being fully covered, often in a burqa, and she is required to be accompanied by a male guardian, known as a mahram. In a cruel irony, this guardian is often the very individual she is accusing of abuse. This requirement creates a terrifying environment for survivors, effectively forcing them to confront their abusers in a setting where the abuser holds the legal and social upper hand.
The restrictions on movement and association are equally severe. Decree No. 12 permits the imprisonment of women, or even their relatives, if a woman is found to have visited the homes of her family members "too often" without the explicit permission of her husband. This provision serves to sever the vital support networks that women rely on for survival. By isolating women from their birth families and childhood friends, the de facto authorities are ensuring that women remain dependent on their husbands, with no external path for escape or emotional reprieve. The decree also introduces vague and dangerously broad categories of "immoral" or "corrupt" acts. These acts are defined as crimes punishable by the harshest penalties available under the current interpretation of the law, including corporal punishment and death.
Because women and girls are already subjected to intense community monitoring and are governed by a web of existing restrictive decrees, they are disproportionately vulnerable to these "morality" charges. The definition of what constitutes an immoral act is left to the discretion of local officials and religious police, leading to a climate of fear and unpredictability. A woman’s choice of clothing, the way she speaks in public, or her presence in a particular location can now be interpreted as a capital offense.
The decree also targets the few remaining avenues for advocacy and dissent. It explicitly criminalizes any criticism of the de facto officials, their policies, or their specific interpretation of Sharia law. Those found guilty of such criticism face imprisonment or corporal punishment. This effectively muzzles human rights defenders, journalists, and ordinary citizens who wish to speak out against the erosion of women’s rights. By insulating the authorities from accountability, the decree ensures that the systematic oppression of women can continue without public challenge. It further reduces the presence of women in public spaces, as the risk of being accused of "criticism" or "corruption" is too great for most to bear.
The international community, led by UN Women, has responded with a mixture of condemnation and deep concern. The statement from UN Women emphasizes that Afghan women and girls are entitled to the same fundamental rights as any other human being: the right to live free from violence, the right to dignity, and the right to participate in the public life of their country. The decree is viewed as a direct violation of international human rights treaties and conventions to which Afghanistan remains a party. These international standards demand that legal frameworks uphold equality and protect all citizens from discrimination, regardless of gender.
The context surrounding Decree No. 12 is one of a steady, relentless campaign to erase women from Afghan society. Since the change in power in August 2021, women have been banned from secondary and higher education, barred from working for non-governmental organizations and the United Nations, and prohibited from visiting public parks, gyms, and beauty salons. The closure of the Ministry of Women’s Affairs and the dismantling of the 2009 Law on the Elimination of Violence against Women (EVAW) were the first steps in this process. Decree No. 12 is the latest building block in a structure of institutionalized gender-based discrimination.
The psychological toll on Afghan women cannot be overstated. For two decades, a generation of women grew up with the expectation of education, professional careers, and legal protection. Now, they find themselves in a reality where they are legally considered the property of their male relatives. The inability to seek justice for violence, the fear of execution for "immorality," and the total loss of freedom of movement have led to a surge in mental health crises among women and girls across the country.
UN Women’s call to action is a plea for the de facto authorities to align their policies with the human rights obligations that Afghanistan has historically committed to. The agency insists that for Afghanistan to have a stable and prosperous future, it cannot exclude half of its population from the protection of the law. Meaningful access to justice is not a luxury; it is a fundamental requirement for a functioning society.
As the international community watches, the situation for women in Afghanistan continues to deteriorate. Decree No. 12 is a stark reminder that the rights once fought for and won can be stripped away with the stroke of a pen. The document stands as a testament to the vulnerability of progress and the urgent need for sustained global attention on the plight of Afghan women. Without a reversal of these policies, the women of Afghanistan remain trapped in a legal system that views their safety as optional and their equality as a crime. The path forward requires more than just statements of concern; it requires a concerted effort to ensure that the dignity and safety of every Afghan woman are recognized as non-negotiable human rights.
