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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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History

Homosexual activity in Afghanistan

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Homosexual activity in Afghanistan is illegal (death penalty as punishment).

Current status
Since Oct 7, 1976
Illegal (death penalty as punishment)
Article 427 states homosexuality will suffer long imprisonments (along with Adultery.) In addition, article 398 states that honour killing is encouraged.
Details
Sources:
www.humandignitytrust.org/c…

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Same-sex marriage in Afghanistan

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Same-sex marriage in Afghanistan is banned.

Current status
Since Aug 8, 1971
Banned
Article 25 in Afghanistans Law on Marriage (1971) states: “The marriage certificate is a document of man and woman which proves the contract of marriage.”
Details
Sources:
www.asianlii.org/af/legis/l…
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Censorship of LGBT issues in Afghanistan

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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.
Details
Sources:
www.liquisearch.com/lgbt_ri…
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2006–Sep 14, 2021
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+.
Details
Sources:
wipolex-res.wipo.int/edocs/…
foreignpolicy.com/2022/04/2…
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Right to change legal gender in Afghanistan

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Right to change legal gender in Afghanistan is illegal.

Current status
Illegal
No Legal identity change. Crossdressing is illegal under the Taliban.
Details
Sources:
www.nationalgeographic.com/…
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Gender-affirming care in Afghanistan

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Gender-affirming care in Afghanistan is banned.

Current status
Since Aug 24, 2022
Banned
In 2022, the Taliban criminalised gender affirming surgery and has made it clear that any forms of care would not be recognised.
Details
Sources:
queerintheworld.com/lgbt-ri…
nimrokhmedia.com/en/2022/08…
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Until Aug 24, 2022
Restricted
Before 2022, there were very limited cases of trans Afghans getting gender affirming care but it was often in very exceptional circumstances with more research needed to be done but often stigmatised.
Details
Sources:
nimrokhmedia.com/en/2022/08…
zantimes.com/2022/09/12/the…
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Legal recognition of non-binary gender in Afghanistan

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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.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT discrimination in Afghanistan

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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.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT employment discrimination in Afghanistan

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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.
Details
Sources:
www.state.gov/reports/2023-…
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LGBT housing discrimination in Afghanistan

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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.
Details
Sources:
www.state.gov/reports/2023-…
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Same-sex adoption in Afghanistan

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Same-sex adoption in Afghanistan is illegal.

Current status
Illegal
Homosexuality is illegal.
Details
Sources:
Homosexuality is illegal.
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Intersex infant surgery in Afghanistan

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Intersex infant surgery in Afghanistan is unknown.

Current status
Unknown

Serving openly in military in Afghanistan

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Serving openly in military in Afghanistan is unknown.

Current status
Unknown

Blood donations by MSMs in Afghanistan

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Blood donations by MSMs in Afghanistan is banned (indefinite deferral).

Current status
Banned (indefinite deferral)
Homosexuality is illegal.
Details
Sources:
Homosexuality is illegal.
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Conversion therapy in Afghanistan

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Conversion therapy in Afghanistan is not banned.

Current status
Not banned
Homosexuality is punishable by death.
Details
Sources:
Homosexuality is punishable by death.
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Equal age of consent in Afghanistan

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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.
Details
Sources:
See source for entry of same-sex activity
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LGBT Rights by Province

View the LGBT laws in each individual province of Afghanistan.

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    Top Contributors

    2 Users Live in Afghanistan

    qaisuddin
    javadmoradi

    Afghanistan LGBT Organizations

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    Compare Afghanistan

    23

    Compare with
    Bangladesh

    48

    Compare with
    Bhutan

    58

    Compare with
    India

    5

    Compare with
    Iran

    25

    Compare with
    Kazakhstan

    23

    Compare with
    Kyrgyzstan

    12

    Compare with
    Maldives

    72

    Compare with
    Nepal

    Common queries:
    • Is it illegal to be gay in Afghanistan?
    • Is homosexuality legal in Afghanistan?
    • Is gay marriage legal in Afghanistan?
    Alternative names: Afganistan/Afqanestan (local name)

    LGBT Rights in Southern and Central Asia

    23

    LGBT Rights in
    Bangladesh

    48

    LGBT Rights in
    Bhutan

    58

    LGBT Rights in
    India

    5

    LGBT Rights in
    Iran

    25

    LGBT Rights in
    Kazakhstan

    23

    LGBT Rights in
    Kyrgyzstan

    12

    LGBT Rights in
    Maldives

    72

    LGBT Rights in
    Nepal

    31

    LGBT Rights in
    Pakistan

    30

    LGBT Rights in
    Sri Lanka

    35

    LGBT Rights in
    Tajikistan

    20

    LGBT Rights in
    Turkmenistan

    21

    LGBT Rights in
    Uzbekistan