GENEVA (18 June 2026) – A new decree issued by the
Taliban in Afghanistan to govern the conditions for
separation of spouses will both license child marriage and
prevent women and girls from leaving abusive relationships,
UN experts* warned today.
“The decree on
‘separation of spouses’, issued by the de facto Ministry
of Justice in April 2026, leaves women and girls vulnerable
to abuse and exploitation,” the experts said. “It could
also impact the Shia minority and other religious
minorities.”
The decree appears to further validate
child marriage, in apparent contradiction with a decree
issued in December 2021 which required consent by “an
adult woman” for marriage, which the experts welcomed,
noting that underage marriage has been a concern during
previous administrations, the decree appears to validate
child marriage.
“The decree increases the potential
for abuse of power by guardians, including in marriage
arrangements, rendering it almost impossible for girls to
report or act on domestic abuse.” Several provisions allow
a child to seek separation upon reaching puberty, indicating
a failure to protect them from being subjected to marriage
in the first place. This leaves girls exposed to years of
physical, psychological, sexual and economic harm before
they can seek relief.
“We are equally concerned that
the decree renders it exceedingly difficult, if not
impossible, for women and girls suffering abuse at the hands
of their husbands or in-laws to report such abuse and to
seek and obtain separation,” the experts said.
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The
decree lists various conditions whereby a woman may seek
separation from her husband, including
“incompatibility”, disappearance, obstinacy and
religious grounds, which are not defined by the
law.
“On the surface, these appear to be an attempt
to protect women and girls by creating uniform guidance
nationally, but in practice these provisions are undermined
by fundamentally discriminatory treatment of women and girls
and bias against them, similar to many other Taliban
policies and in contravention to international human rights
law,” the experts said.
The experts said that with
regard to the treatment of women and children, Afghanistan
continues to be bound by relevant treaties such as the
Convention on the Elimination of All Forms of Discrimination
Against Women, the Convention on the Rights of the Child and
the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
De facto
authorities currently severely restrict women and girls’
freedom of movement, education and employment. It is nearly
impossible for women and girls to claim any rights provided
by the decree, including appearing before a court. Their
exclusion from public spaces also dramatically increases the
chances that crimes against them will happen behind closed
doors and renders it difficult to find witnesses to confirm
their experiences.
“For example, proving domestic
violence is extremely difficult. The requirement of
arbitration as well as witnesses, leaves women in abusive
marriages with a fear of retribution if they attempt to
escape, especially when taken together with Decree No. 12,
which allows physical violence by a husband towards his wife
and children in the family context,” the experts warned.
“This is exacerbated by the lack of protection and
advocacy mechanisms and services that previously
existed.”
“While marriage is a social, cultural
and religious, as well as a legal matter, we remind the de
facto authorities of their obligations under international
human rights law which require them to protect women and
children from violence and ensure their rights to dignity,
equality, and safety. We call for the discriminatory
provisions to be reversed,” they said.
The experts
are compiling a detailed analysis of Decree No.
18.
*The
experts:
- Richard
Bennett , Special
Rapporteur on the situation of human rights in
Afghanistan) - Katarina
Schwarz, Special Rapporteur on contemporary forms
of slavery and trafficking in
persons) - Nicolas Levrat,
Special
Rapporteur on minority
issues - Margaret
Satterthwaite, Special
Rapporteur on the independence of judges and
lawyers - Alice Jill
Edwards, Special
Rapporteur on torture and other cruel, inhuman or degrading
treatment or punishment - Reem
Alsalem, Special
Rapporteur on violence against women and girls, its causes
and consequences - Claudia
Flores, Working
Group on discrimination against women and
girls
