GENDER ALERT — Afghan women’s and girls’ rights under Decree No. 12 on Criminal Rules of Courts

In January 2026, the de facto authorities (DFA) in Afghanistan passed Decree (No. 12) on Criminal Rules of Courts to align the application of discretionary punishments by primary courts. The Decree represents a first step toward formalizing the application of taʿzīr (discretionary) offences – the least severe category of criminal offense. While the Decree does not arguably constitute a comprehensive criminal law framework, the DFA has to date governed through decrees, directives, and ad hoc judicial practice that disproportionately target women and girls by systematically restricting their access to education, employment, movement, expression, and public life. Implemented inconsistently and opaquely, this regulatory environment has prioritised control and punishment over legal certainty and protection, progressively eroding women’s rights and legal status, leaving women with no recourse for justice.