Crimes against women… are not crimes

For women in Afghanistan there is no justice; there is a targeted and obsessive persecution based on gender. The Ministry of Justice and all the laws that once existed in the country have been dismantled, as have the Ministry of Women’s Affairs and all programs supporting women victims of violence. The only law now in force in the country is sharia, according to the Taliban’s extreme interpretation. This law, expressed through countless prohibitions—ever increasing in number—excludes women from social life and suspends life itself.

And while limiting the rights of women and girls is the primary outcome intended by these decrees, several edicts are directed at men (for example, a public employee risks suspension from work if his wife or daughter does not wear the “proper hijab”), thereby increasing social control over women.

Crimes against women do not even have the dignity of being considered crimes; they are behaviors governed by sharia. Accepted. Absorbed into everyday life. Impunity is total. Domestic and social violence are no longer crimes. There is no authority left to which women can appeal. In Taliban courts, decisions—both in civil and criminal matters—are made by men in the absence of women. The legal codes change, and the Taliban alone possess them. Justice has sunk into fanaticism. Sharia alone is enough.

Requesting intervention from a Taliban court places women at risk of violence and sexual violence: women who seek divorce or flee violent domestic situations are among the most affected, as they are routinely forced to return to abusive relationships. UN experts have heard from lawyers handling cases in which women who went to court seeking divorce were admonished by judges with remarks such as: “Your hand is not broken, your leg is not broken—why do you want a divorce?”, “First obtain your husband’s consent,” and categorically, “You cannot divorce.” The forced return of women to violent partners has been further exacerbated by an edict stating that any divorce case resolved during the era of the Republic can be reviewed by a judge of the Islamic Emirate of Afghanistan.

Women who worked in the legal field—lawyers, prosecutors, judges—are now without jobs. They live in hiding and under threat because of their past work in defense of women. They are also targets of men previously convicted for acts of violence who were released by the Taliban—men who relentlessly seek revenge.

The implementation of Taliban justice has brought corporal punishment back into public view: since 2021, more than 1,000 people, including over 200 women, have been publicly flogged. In the first three months of 2025 alone, UNAMA documented judicial corporal punishment against at least 180 individuals (142 men, 35 women, and three girls).

After taking power in 2021, the Taliban carried out large-scale arbitrary arrests targeting activists, journalists, former government officials, and peaceful protesters. Many detainees were imprisoned without trial or on vague charges, often related to alleged violations of moral or religious norms.

Afghan prisons are overcrowded and lack essential services. Prisoners face poor sanitary conditions, limited access to medical care, and insufficient food. Pul-e-Charkhi, Kabul’s main prison, is notorious for its brutal conditions.

Women prisoners face particularly severe abuses: according to the United Nations Special Rapporteur, there are credible testimonies of sexual harassment and rape in Taliban prisons. Male detainees are subjected to various forms of torture, including being hung by the feet, having plastic bags placed over their heads and faces, being flogged, or having the barrel of a Kalashnikov placed near their ears with threats of death.

Among the offenses contributing to prison overcrowding, one is particularly abhorrent in a country where food insecurity affects 75% of the population: in 2024, severe anti-begging laws were introduced, leading to the arrest of nearly 60,000 people in Kabul. Women arrested for begging report rape, beatings, and forced labor during detention, and some children detained with their mothers have been beaten to death.

Those who still fight for women’s justice

In the dark void into which the country has plunged—where justice for women has crumbled and even its very existence is denied—there are women who keep small lights of protection alive.

Organizations of courageous women such as RAWA, HAWCA, and OPAWC continue trying to defend women, dodging Taliban bans and sanctions as best they can. Secret schools, where people still speak about women’s rights and justice; places where comfort and help can be found; small hidden apartments where women at risk can seek refuge after the closure of shelters and try to live a protected life in the shadows. It is precisely in the shadows—where women hide—that hope is cultivated.

How it was before: justice during the 20 years of US/NATO occupation

Structural violence against women was not eradicated over the past 20 years, despite the propaganda. Opportunities existed, but not for everyone. While some women managed to assert their autonomy and pursue professional careers—often at great risk (attacks on schools and female students, targeted Taliban assassinations of professionally active women, threats and intimidation)—the rest of Afghan women’s world suffocated in silence and in the daily violence that affected up to 87% of women.

Justice for crimes committed against them remained largely a mirage, but fundamental support structures for women did exist: Legal Aid Centers providing legal, medical, and psychological assistance; Safe Houses; the Ministry of Women’s Affairs; associations and NGOs that were very active. Nevertheless, impunity for crimes against women remained extremely high throughout this period.

The laws in force (2001–2021)

And yet, good laws did exist. The judicial system had been reformed by the Italians themselves. Here they are.

In 2003 Afghanistan ratified CEDAW (the Convention on the Elimination of All Forms of Discrimination Against Women).

In 2004 the Constitution introduced Article 22: “The citizens of Afghanistan—both men and women—have equal rights before the law.” However, the effectiveness of this article is weakened by Article 3: “No law shall contravene the tenets and provisions of the holy religion of Islam.” Sharia is therefore a foundation of the legal system and cannot be ignored under any circumstances.

In 2009 the EVAW law (Elimination of Violence Against Women—transformed into law by Karzai but never ratified by Parliament) introduced criminal sanctions for perpetrators of 17 different forms of violence and criminalized harmful traditions such as ba’d (girls given in marriage to settle disputes) and badal (the exchange of girls between families).

Only 5% of cases were handled through criminal procedures under the EVAW law (UNAMA 2016). In 80% of cases either family mediation or Parallel Justice prevailed—an informal legal system based on sharia and traditional tribal laws.

Very few people turned to the governmental justice system because of the high costs of corruption.

Unfortunately, during the 20 years of occupation these good laws were rarely applied and often obstructed.

The structures of power that should have enforced them—such as Parliament or provincial governments—were firmly controlled by warlords, powerful tribal leaders and fierce fundamentalists responsible for numerous war crimes, or by the Taliban, who continued to govern parts of the country. Protecting women and condemning perpetrators of violence was certainly not their priority. Obstructing attempts to obtain justice was common practice, often through threats, intimidation, and even murder.

Legal systems: the difficult choices faced by women lawyers

As the lawyers who fought for women’s rights often told us, when facing a client in distress one must support and nurture her courage—but also respect her fear. Defending women and demanding their fundamental rights was a very risky activity both for the client and for the lawyer. Different legal paths could be followed in the attempt to obtain justice, depending on the circumstances and the risks involved.

Criminal trial. Filing criminal charges against a violent man under the EVAW law was a path full of obstacles. It could lead to the conviction of the aggressor (who often served very short sentences because he could threaten judges or bribe authorities), making violent retaliation by the accused and his family more likely.

Civil proceedings before the Family Court. These involved no criminal charges or penalties; the perpetrator remained unpunished, but at least a divorce could be obtained—a precious piece of paper establishing the woman’s freedom from her abusive husband.

Family mediation. This was always the first step: entering the family, discussing the situation, obtaining reassurances and positive commitments, placing the situation under supervision. Rarely effective.

The Shura, the traditional court—an assembly of elders and religious leaders. In the shura, sharia is applied and decisions rarely favor the woman. Yet sometimes it was the only available path and could at least sanction a separation from a violent husband.