LGBTQ rights in Afghanistan in the context of "Capital punishment in Afghanistan"

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⭐ Core Definition: LGBTQ rights in Afghanistan

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Islamic Emirate of Afghanistan face severe challenges not experienced by non-LGBTQ residents. Afghan members of the LGBTQ community are forced to keep their gender identity and sexual orientation secret, in fear of violence and the death penalty. The religious nature of the country has limited any opportunity for public discussion, with any mention of homosexuality and related terms deemed taboo.

On 23 January 2025, Prosecutor of the International Criminal Court, Karim Ahmad Khan, requested arrest warrants against Taliban leaders Hibatullah Akhundzada and Abdul Hakim Haqqani for their persecution of women, girls, and the LGBTQ community, marking the first time the court has recognized crimes against the LGBTQ community.

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LGBTQ rights in Afghanistan in the context of LGBT rights

Rights affecting lesbian, gay, bisexual, transgender and queer (LGBTQ) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.

Notably, as of January 2025, 38 countries recognize same-sex marriage. By contrast, not counting non-state actors and extrajudicial killings, only two countries are believed to impose the death penalty on consensual same-sex sexual acts: Iran and Afghanistan. The death penalty is officially law, but generally not practiced, in Mauritania, Saudi Arabia, Somalia (in the autonomous state of Jubaland) and the United Arab Emirates. LGBTQ people also face extrajudicial killings in the Russian region of Chechnya. Sudan rescinded its unenforced death penalty for anal sex (hetero- or homosexual) in 2020. Fifteen countries have stoning on the books as a penalty for adultery, which (in light of the illegality of gay marriage in those countries) would by default include gay sex, but this is enforced by the legal authorities in Iran and Nigeria (in the northern third of the country).

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