UN Women: Decree No. 12 in Afghanistan removes legal equality and increases risks for women and girls

# What Decree No. 12 says and why UN Women is alarmed

UN Women says Decree No. 12, circulated to courts for implementation in early January, removes equality between men and women before the law and places husbands in an authoritative position over their wives. The decree narrows criminal liability for violence within marriage to cases that cause severe and visible physical injuries. Psychological and sexual violence are not defined as crimes under this decree.

Women seeking protection or justice now face multiple, concrete obstacles. Cases must be brought before a male judge. Women are required to be fully covered in court and to appear with a male guardian, who may be the person accused of abuse. These procedural requirements create high barriers to reporting and to impartial adjudication.

The decree also contains provisions that criminalize women's movements and social interactions. Women, or their relatives, can be jailed for visiting relatives without the husband's permission. The text defines acts deemed 'immoral' or 'corrupt' as crimes punishable by the harshest penalties, including death. Given existing restrictions and social monitoring of women's behavior, these provisions disproportionately affect women and girls.

Finally, Decree No. 12 criminalizes criticism of de facto officials, their policies, or their interpretation of Sharia law, with penalties that include prison or corporal punishment. That provision reduces avenues for public advocacy and for raising concerns about rights violations.

# Practical implications

• Access to justice obstructed: Requirements for a male judge, full covering, and accompaniment by a male guardian create conflicts of interest and deter reporting.

• Chilled advocacy and reporting: Criminalizing criticism of authorities limits civil society, media reporting, and individual complaints about rights violations.

# UN Women's position and call to the authorities

# What this means on the ground

The decree compounds existing decrees and regulations that already restrict how women and girls may live. In practice, the change narrows legal definitions of abuse, raises procedural hurdles to accessing justice, increases the risk of criminal penalties for everyday actions, and curtails public advocacy. For women who are already monitored closely in their communities, these measures will further limit movement, safety, and legal redress.

# Where to follow developments

UN Women has published this statement to raise concern and to press for alignment with human-rights obligations. Related UN Women statements and other coverage track similar decrees and measures affecting women's rights in Afghanistan.