Failure to Protect: The Taliban’s Reversal of Gender-based Violence Protections

Judicial Bias Against Women Seeking Justice

Under Taliban rule, the Afghanistan judicial system has been weaponized to undermine women’s rights and autonomy. In several cases, the Taliban have annulled divorce rulings granted under Afghanistan’s previous legal framework — even in cases of child marriage — and forcibly returned women to abusive husbands. This regressive policy strips women of their legal protection and exposes them to renewed cycles of violence and trauma.

The lack of legal avenues for separation leaves victims of GBV even more isolated and desperate. Women enduring domestic violence or forced marriage often see no choice but to flee their homes — a decision fraught with immense risks. Under Taliban rule, such actions are frequently recast as “adultery” or other moral crimes.

Under the Taliban’s oppressive system, women accused of these moral offenses are denied basic legal rights. They are stripped of due process and the opportunity to defend themselves in court and protection under the law. In the absence of a fair hearing, arbitrary and harsh punishments, such as public flogging and imprisonment, are imposed by Taliban judges with little regard for justice.

Since the Taliban’s emir issued an order for the imposition of Shariah-prescribed punishments in November 2022, at least 178 women have been subjected to public flogging for alleged offenses such as illicit relationships, running away from home, adultery or immoral behavior based on cases officially reported by the Taliban’s Supreme Court. Yet there are anecdotal indications that the full scale of such punishments is far greater, with many instances of flogging unreported. In many cases, women are whipped inside the courtroom by the judge, and some are imprisoned afterwards.

Others have been falsely accused of tazeer offenses — a category of Shariah law where the punishments are left to the discretion of a judge rather than prescribed by Islamic law. In the hands of Taliban judges, punishments for these offenses are devoid of even the pretense of standardized legal principles or procedural safeguards. The penalties are not only arbitrary but can be deeply degrading — with public flogging and extended imprisonment common — leaving survivors with no opportunity to contest the accusations or defend themselves in a fair and impartial hearing.

Social Stigma and Exploitation

After serving their sentences, women accused of adultery or other offenses are often forced to marry the man involved regardless of whether or not their guilt has been proven — and even if the situation constitutes rape. The Taliban and their interpretation of Shariah law do not recognize rape, instead considering any sexual contact between a man and a woman to be consensual, thus subjecting women to punishment regardless of the circumstances.

In some cases, a small number of women are eventually accepted back by their families after enduring humiliation and imprisonment. However, when families refuse to take them back due to the social stigma attached, women are either kept in prison indefinitely or coerced into marrying Taliban members. This practice highlights the systemic abuse and disregard for women’s autonomy under Taliban rule, further entrenching their vulnerability and suffering in a society that offers no protection or justice.

In the most extreme cases, women seeking justice for GBV are subjected to further exploitation and humiliation, deepening their already dire circumstances. Accounts from women who have turned to Taliban justice mechanisms describe abuses where Taliban police and judicial officials exploit GBV victims’ vulnerability rather than address their grievances.

In one instance disclosed to USIP by a relative, a woman who filed a complaint against her abusive husband was detained while Taliban officers called her husband in. The Taliban officiers then handed her husband a whip and ordered him to beat her as punishment for reporting him and defying his authority. Adding to the humiliation, the police allegedly taunted the husband, questioning his masculinity and ridiculing him for his perceived failure to control his wife.

In a northern province, a woman who had endured severe abuse at the hands of her husband filed a petition for divorce. According to a person close to the victim, she appeared before a judge, accompanied by her brother, to plead her case. After listening to her brother recount her ordeal, the judge summoned the woman to the center of the courtroom and began whipping her for disobeying her husband.

In another case relayed to USIP, a teenage girl accused of adultery was sentenced to two years in prison. However, the presiding judge arranged a forced marriage to an older Taliban member as a condition for her early release.

The Despair of Afghan Women

This dual exploitation of women both as survivors seeking justice and as targets of ideological repression further entrenches systemic gender-based marginalization under Taliban rule. The absence of oversight, accountability and any semblance of an impartial judicial process creates a fertile ground for abuses to continue unchecked. Without any meaningful legal recourse or avenues for redress, Afghan women are forced into a perpetual state of vulnerability.

How the International Community Can Help Afghan Women

Countries supporting Afghan victims should prioritize the needs of GBV survivors by funding comprehensive response programs run by NGOs that integrate mental health services, shelter, legal assistance and medical care. While the Taliban has deeply restricted non-governmental programs, there is room to provide this needed assistance through avenues that the Taliban still approve of — namely, livelihood, general health care and income generation activities. These programs can be generally branded but focus on addressing GBV issues when appropriate in the privacy of a treatment facility.

Financial support should be directed to organizations with extensive experience and proven track records in Afghanistan working on women’s rights and women’s health issues, enabling them to establish secure, confidential platforms for reporting and documenting GBV incidents. These platforms would not only offer a lifeline to survivors but also create a robust evidence base to support future accountability and advocacy efforts.

Additionally, the U.S. should continue to amplify the voices of Afghan women on global platforms and advocate for the restoration and protection of their fundamental rights. Multilateral diplomacy must also play a critical role, leveraging collective international pressure on the Taliban to dismantle policies that perpetuate GBV and systemic discrimination against women. Together, these efforts can help address the immediate needs of survivors while challenging the structural injustices fueling the crisis.

The U.S. and the international community should continue supporting the U.N. special rapporteur on human rights in Afghanistan and the efforts of the U.S. special envoy for human rights and women’s rights. These initiatives are crucial for maintaining pressure on the Taliban, raising awareness about the ongoing situation, and highlighting the far-reaching consequences of the Taliban’s oppressive policies both within Afghanistan and across the broader region.

One final option is to further leverage the Global Magnitsky Human Rights Accountability Act to impose targeted sanctions on Taliban leaders and entities responsible for their ongoing violations of human rights, particularly those affecting Afghan women and girls. Sanctions could include asset freezes, strictly enforced travel bans and restrictions on doing business with these individuals or entities — all of which would send a strong message that the world will not tolerate actions that undermine the fundamental rights of Afghans. Furthermore, this approach would encourage broader international action, aligning with global efforts to hold perpetrators of human rights violations accountable.