Published on: 2026-05-22
Source: United Nations – United Nations –
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The new decree of the de facto Taliban authorities, codifying the principles of divorce, represents a further curtailment of the rights of Afghan women and girls and further entrenches systemic discrimination in legislation and in practice. This was stated today by the United Nations Assistance Mission in Afghanistan (UNAMA).
Decree No. 18 defines the grounds on which women can apply to the court with a petition for divorce. It operates within the frameworkdeeply unequal system: While men have the unilateral right to divorce, women are forced to go through complex and restrictive judicial procedures to obtain separate residence or the dissolution of marriage from their spouse. This situation, noted in the UN mission, reinforces structural discrimination and limits women’s autonomy on an issue of fundamental importance for the preservation of human dignity, security, and well-being.
Systematic limitations
“Decree No. 18 is part of a broader and more deeply troubling tendency, within which the rights of Afghan women and girls are systematically being destroyed,” stated Georgette Gagnon, Acting Head of MONUSCO.
“This decree further institutionalizes discrimination and, combined with restrictions on girls’ education and women’s participation in public life, reinforces a system in which Afghan women and girls are deprived of autonomy, opportunities, and access to justice,” she added.
The mission notes that this decision should be viewed in the broader context of measures affecting women’s rights since the Taliban took power in 2021. The initial decree, issued in December 2021 (“Special Decree on Women’s Rights”), recognized certain rights of Afghan women, including consent to marriage and inheritance rights. However, subsequent decisions undermined these protective measures, restricting women’s autonomy before, during, and after marriage.For example, clause No. 12 in 2026 introduced limited judicial intervention in marital relations, but only in cases of severe beating of a woman, establishing a punishment in the form of 15 days of imprisonment for husbands convicted of serious violence.
Child marriages
Particular concern is caused by the impact of decree No. 18 on underage girls. Considering that a separate chapter of the decree is dedicated to the dissolution of marriage for girls who have reached puberty and are married, the document practically implies that child marriages are allowed. It also allows interpreting the girl’s silence upon reaching puberty as consent to marriage. This undermines the principle of free and full consent and does not ensure the protection of the child’s best interests.
Measures taken de facto by the authorities of Afghanistan since August 2021, including bans on girls receiving secondary and higher education andrestrictions on women’s access to work, deprived millions of Afghan women of their rights, weakened their participation in economic life, and aggravated poverty, which will have long-term consequences for the country’s development, the MOONSIA emphasizes. Under these conditions, Provision No. 18 exacerbates existing inequality by limiting women’s independence regarding marriage, its dissolution, and access to justice.
In the UN mission, it is again reminded that Afghanistan must fulfill its international obligations in the field of human rights, including obligations to eradicate discrimination against women and protect the rights of children. MONUSCO calls on the de facto authorities to align their laws, policies, and practices with international obligations, including supporting the principle of voluntary consent to marriage, eradicating child marriages, ensuring access to justice, and protecting the rights and dignity of all people.
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