UN gravely concerned by an Afghan Taliban law that has provisions on child marriage

The United Nations has expressed grave concern over a new law issued by Afghanistan’s Taliban government concerning the separation of married couples, which includes provisions related to child marriage. The law, known as Decree No. 18, was published by Afghanistan’s justice ministry and outlines rules for judicial separation. Among its most contentious elements is a clause stating that the silence of a girl who has reached puberty can be interpreted as consent to marriage, effectively allowing child marriage. The UN Assistance Mission in Afghanistan (UNAMA) criticized the decree for undermining the principle of free and full consent and failing to protect the best interests of children. The decree also permits marriage annulment if a minor is given away without adequate dowry or if the husband is known for mistreatment, but it places significant burdens on girls seeking divorce. For instance, if a girl requests a divorce and her husband refuses, the husband’s word is considered valid unless the girl has witnesses or makes her request before a judge. This legal framework disproportionately favors men, as men retain the unilateral right to divorce, while women face more obstacles in dissolving marriages. The Taliban government defended the law, asserting that it complies with Islamic law and that forced marriage of girls is already banned in the country. The law comes amid a broader pattern of escalating restrictions on women and girls in Afghanistan since the Taliban regained control in 2021. Women are banned from attending secondary schools and universities, working in most jobs, and participating in many public and recreational activities. The new decree is seen by the UN as part of a wider erosion of women’s rights and freedoms in the country. Georgette Gagnon, the UN’s Deputy Special Representative and head of UNAMA, described the law as operating within a deeply unequal framework that entrenches discrimination against Afghan women and girls, further limiting their autonomy and legal protections. The international community remains concerned about the implications of such laws on the welfare and rights of Afghan women and children, particularly as child marriage has long been linked to adverse health, education, and social outcomes. The UN’s statement highlights the urgent need for legal reforms that uphold the rights and dignity of women and girls in Afghanistan, amid ongoing fears that the Taliban’s policies will continue to roll back hard-won gains in gender equality.