Afghanistan's new constitution framed in 2004 guarantees women equal rights.
 
Article 22 of the new Constitution offers potential to combat the injustices faced by women under customary law.

Article 54 requires the state to adopt necessary measures to ensure physical and psychological well being of family, especially of child and mother.
 
Article 7 addresses state obligations to international conventions, particularly the Convention on the Elimination of Discrimination Against Women (CEDAW).
 
To promote female participation in government, Article 83(6) of the 2004 Constitution specifies that in each province, there must be at least two female delegates elected to the House of Representatives. Women are guaranteed at least a quarter of the seats in the Wolesi Jirga.

Further, Article 84 provides that the President may appoint a certain number of members to the Senate, but 50 percent of the people appointed by the President must be female. The judicial system is also currently being reformed by a commission appointed by the president.
 
There are many different legal systems that operate in Afghanistan - including systems that are based on custom and tradition. Although the Constitution has the potential to overrule customary laws and give women access to justice they so urgently need, its impact has been limited.
 
National divorce laws have been revived recently and women abused or whose husbands are reported as missing will now able to divorce within Afghan law.  But very few women are exercising this right; securing women's rights and defending them is still a struggle.
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