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Public Opinion

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History

Homosexual activity in Badakhshān

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Homosexual activity in Badakhshān 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 Badakhshān

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Same-sex marriage in Badakhshān 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 Badakhshān

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Censorship of LGBT issues in Badakhshān 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 Badakhshān

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Right to change legal gender in Badakhshān 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 Badakhshān

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Gender-affirming care in Badakhshān 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 Badakhshān

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Legal recognition of non-binary gender in Badakhshān 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 Badakhshān

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LGBT discrimination in Badakhshān 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 Badakhshān

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LGBT employment discrimination in Badakhshān 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 Badakhshān

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LGBT housing discrimination in Badakhshān 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 Badakhshān

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Same-sex adoption in Badakhshān is illegal.

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

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Intersex infant surgery in Badakhshān is unknown.

Current status
Unknown

Serving openly in military in Badakhshān

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Serving openly in military in Badakhshān is unknown.

Current status
Unknown

Blood donations by MSMs in Badakhshān

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

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

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Conversion therapy in Badakhshān 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 Badakhshān

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Equal age of consent in Badakhshān 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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Equality Index ?
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Legal Rights
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This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Badakhshān to help improve its accuracy.
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Badakhshān LGBT Organizations

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Common queries:
  • Is it illegal to be gay in Badakhshān?
  • Is homosexuality legal in Badakhshān?
  • Is gay marriage legal in Badakhshān?
Alternative names: Badaẖšan

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