Special Report: Criminalizing Family Visits; New Layer of Restrictions on Afghan Women

KABUL — Afghanistan is facing a new wave of restrictions as the recently enacted “Criminal Court Code” comes into full effect across all provinces. This law, ratified by leadership in January 2026, targets family privacy and women’s mobility, marking a strategic shift toward total domestic control.

1. Imprisonment for Visiting Family (Article 34)

   The most shocking part of this 90-page law, Article 34, criminalizes women leaving home without their husband’s permission:

   • The Sentence: Women repeatedly visiting parents or relatives without legal justification can be imprisoned for one to three months.
   • Relatives at Risk: Family members who shelter them or refuse to return them can also face up to three months in jail.
   • The Sentence: Women repeatedly visiting parents or relatives without legal justification can be imprisoned for one to three months.
   • Relatives at Risk: Family members who shelter them or refuse to return them can also face up to three months in jail.
2. Legalizing Domestic Violence

   The law removes critical protective measures for women, according to legal briefs from GIWPS and UN Women:

   • Domestic violence is considered a crime only if it results in “severe and visible injuries.”
   • Husbands are legally allowed to “discipline” their wives in other cases, granting them immunity for psychological and non-visible physical abuse.
   • Domestic violence is considered a crime only if it results in “severe and visible injuries.”
   • Husbands are legally allowed to “discipline” their wives in other cases, granting them immunity for psychological and non-visible physical abuse.
3. Restrictions in Public and International Spaces

   Since September 2025, women have been barred from entering UN offices even as staff or visitors. Under the new law on public morality, women must cover their faces fully and are prohibited from speaking in public spaces.

4. Global Reactions
   • Amnesty International (March 16, 2026): Called these new laws a legalized “gender apartheid,” stripping women of basic human rights.
   • UN Women (March 2026): Highlighted in a “Gender Alert” that Afghan women now have four times less access to justice than men.
   • Richard Bennett (March 2026): The UN Special Rapporteur warned that “the situation of women and girls in Afghanistan is the worst globally.”

Conclusion

These laws mark a strategic shift from social restrictions to individual and family-level control. By criminalizing women visiting their parents, the support network for women is dismantled. Experts emphasize that international pressure and awareness are crucial to restore fundamental rights.

References

• Amnesty International: Afghanistan: New Criminal Regulation Targets Women and
  Minority Groups – March 16, 2026
• Georgetown Institute for Women, Peace and Security: Legal Brief: Analysis of
  Decree No. 12 and Restrictions on Movement – January 30, 2026
• UN Women: Gender Alert: Impact of New Penal Code on Women’s Rights in
  Afghanistan – February 2026
• UNAMA: Human Rights Service: Quarterly Update on the Situation in Afghanistan –
  February 2026
• OHCHR: Statement by Richard Bennett, Special Rapporteur on the Situation of
  Human Rights in Afghanistan – March 2026

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Written by:
Maria.A
Edited by:
Sarah Hussain