Afghan Women's Access To Justice: The Role Of Female Lawyers In Trials

Afghanistan is one of the most dangerous countries to be a woman or girl, and a shortage of female police officers and lawyers means that women rarely report abuse. Women's rights in Afghanistan are not respected: they have restricted freedom of movement, restrictive dress codes, no protection from violence, and forced marriage. Since the Taliban took power in 2021, the situation has deteriorated drastically. The Taliban has issued numerous decrees that prevent women and girls from exercising their basic rights to freedom of expression, liberty, work, and education. Women's rights activists report detentions, child marriages, forced marriages, and rapes. Women are excluded from public life and their access to civil rights and liberties has been radically cut.

The Elimination of Violence Against Women (EVAW) law, decreed by the president in 2009 and reconfirmed in 2018, makes 22 acts of abuse towards women criminal offenses, including rape, battery, forced marriage, preventing women from acquiring property, and prohibiting a woman or girl from going to school or work. However, full implementation of the law remains elusive, with police, prosecutors, and judges often deterring women from filing complaints and pressing them to seek mediation within their family instead.

Women's rights in Afghanistan

History of Women's Rights in Afghanistan

Afghanistan granted women the right to vote in 1919, and the first school for girls opened in 1920. In the 1970s, significant progress was made, with the Afghan government raising the marriage age for women, abolishing polygamy, and introducing compulsory education.

However, this progress was short-lived. After the Soviet withdrawal from Afghanistan in 1989, the Mujahideen, and later the Taliban, imposed severe restrictions on women's rights. The Taliban's first regime, from 1996 to 2001, was marked by near-total exclusion of women from public life and severe limitations on their civil liberties.

Following the US-led invasion of Afghanistan in 2001, women's rights saw some improvements. The Elimination of Violence Against Women (EVAW) law, enacted in 2009 and reconfirmed in 2018, criminalized 22 acts of abuse against women, including rape, forced marriage, and prohibiting women from education and work. During this period, women also gained access to education and employment, and their rights were enshrined in the 2004 constitution.

Current Situation Under the Taliban Rule

Since the Taliban regained control of Afghanistan in August 2021, they have systematically rolled back the rights of women. The Taliban have issued decrees that severely restrict women's freedom of movement, dress, and access to education and employment. Women are not allowed to travel more than 70 km without a male relative and are mandated to wear face coverings that reveal only their eyes. They are banned from secondary schools and universities and are prohibited from working in most sectors except health and education.

The Taliban have also targeted women's rights activists, who face serious threats, detention, and torture. The Ministry of Women's Affairs has been abolished, and women are excluded from the judicial system, with female lawyers, judges, and prosecutors barred from their work.

The situation for women in Afghanistan is further exacerbated by the humanitarian crisis in the country, with two-thirds of the population dependent on humanitarian assistance as of 2023. Women and girls are particularly vulnerable, facing issues such as forced and child marriage, lack of access to education and economic opportunities, and high rates of infant and maternal mortality.

International Response

The international community has widely condemned the Taliban's actions and expressed concern over women's rights in Afghanistan. However, despite calls for protection and advocacy, the situation for women in the country remains precarious, with hard-fought gains in equality being steadily dismantled.

Women lawyers in Afghanistan are at risk

Afghanistan's female lawyers are at risk of danger as they help women branded "cheap and filthy" by the country's patriarchal judicial system. The country's roughly 500 registered women lawyers, mostly confined to the big cities of Kabul, Mazar-i-Sharif, and Herat, undertake some of the most dangerous jobs in Afghan society. They help women fleeing domestic violence and forced marriage.

Since the Taliban took over the government in Afghanistan, the work of female defense lawyers has become very difficult. They face thousands of threats and spend their days at home as an alternative to imprisonment or house arrest. The Taliban has destroyed women as defenders of human rights and suppressed their voices. The economy of female lawyers has collapsed, and poverty and deprivation are rampant.

The Taliban has taken over the independent bar association, which is now part of the Ministry of Justice. Women lawyers are not allowed inside the Ministry and are not allowed to retake the exams to become lawyers. They are not tested, and they are not allowed to work, so there is a possibility of losing female lawyers in the future.

The dangers facing Afghanistan's judicial system have intensified in the past two years, with instances of arbitrary arrests, detentions, and killings. Women lawyers are particularly affected as the Taliban has severely limited their involvement in the legal system and the practice of law. The United Nations has called the exclusion of Afghan women lawyers from the justice system "an act of brazen discrimination."

The Afghanistan Independent Bar Association (AIBA), which has supported an increase in women lawyers, was relaunched in exile. It includes a Women's Committee that seeks to support women lawyers through capacity-building workshops, programs, and evacuations of at-risk lawyers. However, many women lawyers are still unable to practice law safely and are at risk of losing their livelihoods and their voices in society.

Women's limited access to justice in Afghanistan

Women's access to justice in Afghanistan has been severely limited since the Taliban took power in 2021. Women's rights activists have reported detentions, child marriages, forced marriages, and rapes. Women face numerous obstacles when seeking justice, including social and cultural norms that discourage them from reporting abuse, a lack of legal representation, and a justice system that fails to protect them.

Social and Cultural Barriers

Deeply ingrained social norms and the threat of social stigmatization deter Afghan women from asserting their rights and seeking justice. In some communities, social taboos against external intervention also limit women from seeking help from state or non-governmental organizations. As a result, women often address their justice needs within their families or communities, where they still face normative, consequential, and practical barriers.

Lack of Legal Representation

The number of female lawyers in Afghanistan is limited, and those who do practice face significant dangers and challenges. Female lawyers are often restricted to working in major cities and face threats, security concerns, and economic hardships. As a result, women seeking justice in Afghanistan often lack access to legal representation, leaving them vulnerable to abuse and exploitation.

Ineffective Justice System

Afghanistan's justice system has been criticized for failing to provide accountability for violence against women and girls. Police, prosecutors, and judges often deter women from filing complaints and pressure them to seek mediation within their families instead of pursuing criminal charges. Additionally, there is a lack of enforcement of laws protecting women's rights, such as the Elimination of Violence against Women (EVAW) law, which criminalizes various forms of abuse toward women.

The Taliban's influence further threatens the limited progress made in protecting women's rights. With the Taliban regaining control, women's access to justice is expected to deteriorate further, as they impose restrictive policies and rollback gains made in education, employment, and other fundamental rights.

Women's rights organisations in Afghanistan

Afghanistan has a long history of women's organisations working to improve the lives of women and girls in the country. However, since the Taliban took power in 2021, the situation for women has deteriorated drastically. Women's organisations are now facing serious threats, and the future of their work is uncertain. Despite this, courageous women are still standing up for their rights.

Afghan Women's Network (AWN)

AWN is an umbrella organisation that brings together 123 women-led organisations and has over 3500 individual members. It was established in 1995, inspired by the women's movement in different parts of the world. AWN's work focuses on three main areas: women, peace, and security; women's political participation and leadership; and women's social and legal protection. They advocate for women's participation in peace talks and capacity-building activities and monitor the implementation of laws and policies related to women's rights, such as the EVAW law and CEDAW.

Assistance to Defend Women's Rights Organization (ADWRO)

ADWRO works to bring about positive changes in women's lives in Afghanistan by providing legal awareness, capacity-building, and free legal services to women. They have established one of the first radio stations for women, Radio Rabia Balkhi, and provided legal literacy training to more than 5,000 school teachers, students, and religious leaders. ADWRO also has a legal clinic that provides women with legal assistance and a training centre offering capacity-building programs for university graduates.

Women for Afghan Women (WAW)

WAW provides humanitarian aid, logistics support, and protection and support services to vulnerable populations across Afghanistan, with a particular focus on women, children, and their families. They operated 34 protection centres across 32 provinces before being forced to close many programs during the Taliban takeover. However, they have since rebuilt their operations and now offer new life-saving programs from 21 field offices across the country. Their programs include children's support centres, humanitarian assistance projects, and logistic transportation and warehouse services.

Revolutionary Association of the Women of Afghanistan (RAWA)

RAWA is one of the oldest women's organisations in Afghanistan, established in the 1970s. They advocate for women's rights and provide some relief work.

Medica Mondiale

Medica Mondiale is an international organisation that works closely with five local partner organisations in Afghanistan to support women's rights and provide essential services. Their work includes preventing violence against women, providing psychosocial counselling and socio-economic support for survivors of violence, and offering knowledge for legal aid.

Other Organisations

Other notable women's organisations in Afghanistan include the Afghan Women's Educational Centre, Afghan Women's Welfare Development, Afghan Women's Resource Centre, Shuhada, and Women for Justice Organisation. These organisations work on a range of issues, including health, education, income generation, trauma counselling, and rights awareness.

International Support

International women's advocacy organisations have also played a crucial role in supporting Afghan women, especially during the Taliban takeover. Groups like Women for Women International and the Georgetown Institute for Women, Peace, and Security have spread the word about how to help and provided donations and evacuation support.

The Taliban's impact on women's rights in Afghanistan

The Taliban's treatment of women during their first rule of Afghanistan (1996-2001) was internationally notorious for its misogyny and violence. During their second rule, which began in August 2021, the group has continued to severely restrict women's rights.

Education

Under the Taliban's first rule, women were banned from receiving an education after the age of eight and were forced to attend underground schools, risking execution if caught. Since their return to power, the Taliban have closed girls' secondary schools and prohibited women from attending university. They have also banned women from working in most sectors outside of health and education.

Employment

The Taliban's policies have pushed women out of the formal economy and into informal sectors like agriculture, where they comprise 65% of the workforce. In the formal economy, women continue to be a minority, especially in leadership positions.

Freedom of Movement

Women are not allowed to move around in public space unless they are accompanied by a male relative. They are only permitted to leave the house for urgent matters and must wear full veils when they do so.

Freedom of Expression

The Taliban have banned women from appearing on TV and at public gatherings of any kind. They have also prohibited women from listening to the radio or speaking publicly.

Healthcare

The Taliban's ban on women working in most sectors has impacted the healthcare sector, with women's access to healthcare restricted by a lack of female doctors. The Taliban have also banned birth control, with pharmacies ordered to clear their stocks of contraceptives.

Legal System

Women's rights activists and lawyers are facing serious threats under the Taliban regime. Female lawyers are not allowed inside the Ministry of Justice and are forbidden from retaking their exams. Women are forbidden from participating in the legal system, including serving as judges, prosecutors, or lawyers.

Forced Marriage and Child Marriage

The Taliban have been accused of forcing families to give them their unmarried daughters as brides. Child marriage is also prevalent, with one-third of girls being forced into marriage before their 18th birthday.

Domestic Abuse

The Taliban's interpretation of Sharia Law means that men can commit domestic violence with impunity. Women who suffer rape and other forms of violence can be accused of ''moral crimes'' and risk being stoned to death as punishment.

Dress Code

The Taliban mandate that women wear the burqa at all times in public. They are also forbidden from wearing high-heeled shoes and are not allowed to laugh loudly in public.

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