- Homosexuality
- ⚢✖ Illegal (death penalty as punishment)
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✖ Imprisonment as punishment
- Changing Gender
- ✖ Illegal
- Gender-Affirming Care
- ✖ Banned
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- N/A
- Intersex Infant Surgery
- ✖ Not banned
- Military
- Unknown
- Donating Blood
- ✖ Banned (indefinite deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- N/A
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Public Opinion
Public opinion in Afghanistan has shown a widespread rejection of LGBTQ+ rights, reflecting a critical situation for LGBTQ+ individuals, based on limited public opinion data in Afghanistan.
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Homosexual activity in Afghanistan is illegal (death penalty as punishment).
Current status
Since Aug 15, 2021
Illegal (death penalty as punishment)
In 2021, the Taliban regained control of Afghanistan. Since then, they have frequently enforced Sharia law against individuals convicted of homosexuality, often sentencing them to death.
Illegal (imprisonment as punishment)
In 2018, Afghanistan adopted a new penal code.
Articles 645, 646, 649, and 650 criminalize: same-sex intimacy between women (punishable by up to one year in prison); sodomy (punishable by up to two years in prison); same-sex intimacy between men, even without penetration (punishable by three months to one year in prison); and facilitating sodomy by introducing individuals to each other and providing a place for it to occur (punishable by imprisonment as well).
Articles 645, 646, 649, and 650 criminalize: same-sex intimacy between women (punishable by up to one year in prison); sodomy (punishable by up to two years in prison); same-sex intimacy between men, even without penetration (punishable by three months to one year in prison); and facilitating sodomy by introducing individuals to each other and providing a place for it to occur (punishable by imprisonment as well).
Male illegal, female legal
After the fall of the Taliban, the 1976 Penal Code was readopted, and its punishments and penalties were reinstated.
Male illegal, female legal
In 1976, Afghanistan’s 1976 Penal Code went into effect. Article 427 criminalized pederasty. Pederasty was an undefined offense, understood by some observers to include not only sexual activity with minors but also consensual sex between adult men. Zina, which means sex outside of marriage, was technically punishable by the death penalty under Sharia law. However, between 1976 and 1996, there were no reports of this punishment being carried out against individuals convicted of same-sex sexual acts.
Same-sex marriage in Afghanistan is banned.
Current status
Since Mar 28, 1949
Banned
In 1949, the 1949 Marriage Law came into effect, becoming the first marriage law in Afghanistan to define marriage as between a man and a woman.
Eleven years later, the 1960 Marriage Law came into effect and fully replaced previous family and marriage laws, though it still required marriage to have the consent of the bride and the groom, which is interpreted to mean that only heterosexual marriages were allowed.
In 1971, Afghanistan's Law on Marriage (1971) was enacted. Article 25 states: “The marriage certificate is a document of man and woman which proves the contract of marriage.”
In 1977, the 1977 Civil Code took effect, and is the current law governing marriage in Afghanistan. Article 60 defines marriage as a contract between a man and a woman.
Eleven years later, the 1960 Marriage Law came into effect and fully replaced previous family and marriage laws, though it still required marriage to have the consent of the bride and the groom, which is interpreted to mean that only heterosexual marriages were allowed.
In 1971, Afghanistan's Law on Marriage (1971) was enacted. Article 25 states: “The marriage certificate is a document of man and woman which proves the contract of marriage.”
In 1977, the 1977 Civil Code took effect, and is the current law governing marriage in Afghanistan. Article 60 defines marriage as a contract between a man and a woman.
Censorship of LGBT issues in Afghanistan is imprisonment as punishment.
Current status
Since Sep 15, 2021
Imprisonment as punishment
The Taliban censors all forms of LGBTQ advocacy in the country.
State-enforced
Even before the Taliban return to power in 2021, there was state-enforced censorship of LGBTIQ+ topics in Afghanistan. LGBTIQ+ organisations could not legally register, and the 2006 Law on Mass Media prohibited publication of matters "contrary to principles of Islam" which were interpreted to include anything pro-LGBTIQ+.
Right to change legal gender in Afghanistan is illegal.
Current status
Illegal
Transgender individuals are unable to change their legal gender.
Legal recognition of non-binary gender in Afghanistan is not legally recognized.
Current status
Not legally recognized
There is no legal gender recognition provided in Afghanistan, including for intersex and nonbinary people.
LGBT discrimination in Afghanistan is no protections.
Current status
No protections
In Afghanistan, neither sexual orientation nor gender identity is a protected class from discrimination.
LGBT employment discrimination in Afghanistan is no protections.
Current status
No protections
In Afghanistan, neither sexual orientation nor gender identity is a protected class from employment discrimination.
LGBT housing discrimination in Afghanistan is no protections.
Current status
No protections
In Afghanistan, neither sexual orientation nor gender identity is a protected class from housing discrimination.
Same-sex adoption in Afghanistan is n/a.
Current status
N/A
Adoption is prohibited for everyone in Afghanistan.
Intersex infant surgery in Afghanistan is not banned.
Current status
Not banned
Afghanistan does not prohibit "normalization" surgeries performed on intersex infants.
Serving openly in military in Afghanistan is unknown.
Current status
Unknown
Blood donations by MSMs in Afghanistan is banned (indefinite deferral).
Current status
Banned (indefinite deferral)
Homosexuality is illegal.
Conversion therapy in Afghanistan is not banned.
Current status
Not banned
Afghanistan does not ban conversion therapies that aim to change a person’s sexual orientation or gender identity.
Equal age of consent in Afghanistan is n/a.
Current status
N/A
Age of consent is not applicable because homosexuality is illegal in Afghanistan.
LGBT Rights by Province
View the LGBT laws in each individual province of Afghanistan.
Equality Rank
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#193 Oman3
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#194 Brunei3
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#195 Gambia3
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#196 Afghanistan1
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#197 Somalia1
#42
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Alternative names: Afganistan/Afqanestan (local name)
