This paper looks at gender equality in the new constitution of the Islamic Republic of Afghanistan adopted at 4 January 2004. The paper divides the constitutional provisions dealing with women’s rights into three categories: neutral, protective and discriminatory according to their apparent and implied meanings and the ways they could be possibly interpreted. Neutral provisions are those that do not make distinction between the sexes and are applicable to all citizens, although they may be construed in ways that is more beneficial towards women (protective construction) than men bearing in mind the social milieu of Afghanistan. These include provisions related to the protection of human rights, observing international human rights standards, right to life and dignity etc. Protective provisions are intentionally ‘women specific’. They include prohibition of discrimination on the basis of gender, equal rights and duties of men and women and the obligation of the state to provide support for women without maintenance. Discriminatory provisions are those which are either expressly discriminatory or prima facie neutral but by implication or construction could go against women’s rights and may possibly undermine the effect of the protective provisions. They include lack of special seats for women in provincial and local councils, high educational qualification for election to National Assembly etc. The paper also investigates the potentially conflicting areas between the constitution and the 1979 Women’s Convention, which Afghanistan ratified without reservation recently. The Supreme Court has the power to review any international treaty/convention for its compliance with the constitution and Islam is declared as a state religion. There are several areas where conflict could occur. Examples are family, criminal, and inheritance law. It is to be seen how these conflicts could be resolved without either reforming Islamic laws or entering reservation to the Women’s Convention. The paper concludes suggesting how to revamp some of the constitutional provisions to effectively protect women’s human rights.