Afghanistan no longer suffers from the systematic oppression that typified Taliban rule. But conservative Afghan traditionalists, whom Americans often confuse with the Taliban, still wield considerable influence. Informal institutions - traditions, customs, and norms - still govern property rights, marriage and divorce, inheritance, and custody. Misogynistic warlords and fundamentalists, who pack the parliament, courts, and ministries, also help ensure that laws are applied so as to favor men, despite women's constitutionally guaranteed rights.
A focus on formal gender equality tends to overlook not only cultural discrimination against women, but also the conservative backlash against attempts to change that discrimination.
One glaring example is the persistent controversy over shelters for battered women. Last year, the Afghan television host Nasto Naderi falsely claimed that such shelters were supporting prostitution, and rumors that they were dens of immorality spread. The Council of Ministers soon drafted a law giving the government the power to regulate shelter admissions and to force those admitted to undergo the indignity of a virginity test.
Fortunately, President Hamid Karzai's cabinet approved a new draft of the law last month that removed its most heinous provisions. But despite the legal victory, the dustup showed why women's rights have yet to fully take root. Family issues are often resolved through arbitration by local leaders and councils. Running away from an abusive husband is considered a transgression against family honor, and captured women and girls often face retribution from their families - including, in extreme cases, honor killings.
