KABUL, AFGHANISTAN – A group of UN experts warned on Thursday that a new Taliban decree on the conditions for spousal separation will license child marriage and make it nearly impossible for women and girls to leave abusive relationships.
In a press release, the experts, including Richard Bennett, the UN Special Rapporteur on human rights in Afghanistan, said the decree leaves women and girls vulnerable to abuse and exploitation. They added that it could also affect the Shia minority and other religious groups.
“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,” the experts said.
They added that the decree makes it “exceedingly difficult, if not impossible,” for women and girls facing abuse by their husbands or in-laws to report it and seek separation.
The experts noted that Taliban restrictions on women’s freedom of movement make it nearly impossible for them to exercise any rights granted under the decree, including appearing in court.
The decree, known as Decree No. 18 and published on May 14 after approval by the Taliban leader, grants husbands unilateral rights to divorce while imposing lengthy and restrictive judicial procedures on women seeking separation. It upholds marriages arranged during childhood and gives fathers and grandfathers broad authority to arrange marriages for minors, while recognizing some marriages arranged by extended family members as legally valid under certain conditions.
The expert said Afghanistan remains bound by international treaties, including 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.
“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,” the experts said.
They called for the “discriminatory” provisions to be reversed.
The decree has drawn widespread criticism from international rights groups including Amnesty International and Human Rights Watch, as well as UN agencies, Afghan women and activists, who say it legitimizes child and forced marriage and weakens protections for women and minors.
The Taliban have defended the decree, with chief spokesperson Zabihullah Mujahid saying it is based on the group’s interpretation of Islamic law and dismissing external criticism as irrelevant.
