KABUL, AFGHANISTAN — A joint report by UN Women, IOM and UN Mission in Afghanistan (UNAMA) reveals a significant deterioration in Afghan women’s access to legal services under the Taliban regime, leaving them virtually powerless within a justice system now devoid of gender equality.
The report draws on quarterly consultations, reaching 776 women across Afghanistan’s 34 provinces through online and in-person group sessions and individual telesurveys between July 17 and 29, 2024,
With the formal judicial system now largely inaccessible, women face significant barriers in seeking justice for issues ranging from divorce and domestic violence to land and inheritance disputes. According to the UN report, 79% of women reported no contact with formal legal services in the last year, with many citing the Taliban’s refusal to admit women to courts and public legal offices without a male guardian. Even when admitted, women’s cases are often dismissed outright or ignored entirely.
Under the Taliban, many of the safe spaces and shelters that once provided refuge for women escaping abuse or needing legal aid have also been closed. Over half of the women surveyed reported limited or no access to these resources. Furthermore, traditional community-led councils, or shuras, now serve as the only recourse for many, yet these bodies are heavily biased against women.
A woman who recently sought help from a community council reported being treated with hostility and subjected to insults, noting that she was instructed to wear a burqa and sit silently in a corner, only allowed to answer with “yes” or “no.”
Before the Taliban’s return to power, women served as judges, lawyers, and prosecutors, integral to the country’s legal system. However, as the Taliban has systematically dismantled Afghanistan’s former justice infrastructure, the few remaining options for legal recourse for women have nearly vanished.
Early in their rule, the Taliban replaced the former Ministry of Women’s Affairs with the Ministry of Promotion of Virtue and Prevention of Vice, charged with enforcing their strict interpretation of Sharia law. This ministry oversees a series of harsh rules, including dress codes and corporal punishments, and has effectively eroded rights that women once held under previous law.
Since retaking control of Afghanistan in August 2021, the Taliban has enforced harsh rules and systemic gender discrimination, marginalizing women and girls from public life. The group has restricted women’s movements and denied them access to education, employment, social mobility, and other freedoms. The Taliban restriction has made Afghanistan the only country that bans girls and women from education under the pretext of Sharia law and cultural norms.
According to the report, women are no longer involved in the judiciary or law enforcement, are prohibited from handling cases related to gender-based violence, and are only allowed to attend work when called by their male supervisors.
The Taliban’s newly implemented morality laws in August have compounded the plight of Afghan women. These laws require women to cover their faces and remain in their homes unless accompanied by a male relative, further limiting their access to justice.
Cultural norms and Taliban-imposed restrictions reinforce a societal expectation that women should remain silent. Reports indicate that women who attempt to assert their rights often face stigma and are labeled as “subversive,” making even informal appeals challenging and risky.
The dismantling of formal legal services, combined with biased informal systems, leaves Afghan women reliant on male relatives or community leaders for representation—often to no avail. Men themselves report issues with the arbitrary nature of Taliban justice, yet women, lacking both representation and a platform for fair redress, suffer the brunt of these changes.
UN Women’s findings reflect a growing sense of helplessness among Afghan women, forced into dependence on a justice system that consistently sidelines their voices and denies them legal recourse. As international advocacy groups call on the Taliban to restore women’s rights and access to justice, Afghan women continue to face insurmountable obstacles in seeking fair treatment and support.
