Herāt is governed by federal Afghanistan law. Learn more
- 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
Herāt is lacking public opinion data.
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Homosexual activity in Herāt 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.
Censorship of LGBT issues in Herāt 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 Herāt is illegal.
Current status
Illegal
Transgender individuals are unable to change their legal gender.
Legal recognition of non-binary gender in Herāt 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 Herāt 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 Herāt 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 Herāt 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 Herāt is n/a.
Current status
N/A
Adoption is prohibited for everyone in Afghanistan.
Intersex infant surgery in Herāt is not banned.
Current status
Not banned
Afghanistan does not prohibit "normalization" surgeries performed on intersex infants.
Serving openly in military in Herāt is unknown.
Current status
Unknown
Blood donations by MSMs in Herāt is banned (indefinite deferral).
Current status
Banned (indefinite deferral)
Homosexuality is illegal.
Conversion therapy in Herāt 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 Herāt is n/a.
Current status
N/A
Age of consent is not applicable because homosexuality is illegal in Afghanistan.
Legal Rights
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Alternative names: Herat