UN Women Warns Taliban Decree Could Normalize Child Marriage in Afghanistan
UN Women has warned that a newly issued Taliban decree could further erode the rights and safety of women and girls in Afghanistan, raising concerns that it may normalize child marriage and make it increasingly difficult for women to leave unwanted marriages.
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| Women in burqa with their children in Herat, Afghanistan |
In a statement released this week, Susan Ferguson, UN Women’s special representative in Afghanistan, described Decree No. 18 as “another serious development” in the continued dismantling of women’s rights nearly five years after the Taliban returned to power.
The decree, published by the Taliban’s Ministry of Justice on May 14, outlines regulations governing separation between spouses. However, according to UN Women, it does not establish a minimum legal age for marriage.
“By implying that child marriage is permitted, it risks normalizing the practice,” Ferguson said.
The agency said the regulation represents a significant shift from laws in place before the Taliban takeover in August 2021, when Afghan legislation established a minimum marriage age and criminalized forced and child marriage.
UN Women noted that the new decree instead lays out procedures through which a marriage involving a child could later be annulled after the individual reaches puberty. Rights advocates argue that this framework effectively recognizes the legality of child marriage rather than prohibiting it.
The organization also warned that the decree creates new legal barriers for women seeking separation from their husbands. Under the regulations, women face stricter evidentiary requirements than men and may be required to present multiple witnesses to support their claims. In certain cases, a husband’s refusal to consent can override a woman’s request for separation.
UN Women said the regulation reinforces what it described as an expanding legal imbalance between men and women in Afghanistan.
“This again highlights that men and women are no longer equal before the law in Afghanistan,” Ferguson said.
The agency called on the Taliban to ensure that Afghan laws and policies comply with international human rights obligations and protect women from violence, discrimination, and coercion.
The statement adds to mounting international criticism of Decree No. 18. Last week, the United Nations Assistance Mission in Afghanistan (UNAMA) expressed “grave concern” over the regulation and urged the Taliban to uphold Afghanistan’s international human rights commitments.
Georgette Gagnon of UNAMA said the new law was “part of a broader and deeply concerning trajectory in which the rights of Afghan women and girls are being eroded … [it] entrenches a system in which Afghan women and girls are denied autonomy, opportunity and access to justice.”
Richard Lindsay later echoed those concerns, describing the decree as “another oppressive measure” and urging Taliban authorities to rescind it.
Activists and rights organizations say the decree could have severe consequences in a country where child and forced marriages are already believed to be increasing sharply. Although there are no official statistics, campaigners estimate that restrictions on girls’ education have contributed to a surge in underage and forced marriages since the Taliban banned girls from secondary schools and universities.
One informal estimate suggested that about 70% of girls affected by the education ban had been pushed into early or forced marriage, with many involving girls under the age of 18.
Women’s rights groups in Afghanistan have reportedly staged demonstrations in Kabul against the legislation, condemning it as a form of systemic violence against women and children.
One activist, Fatima, said: “After issuing hundreds of anti-women decrees, the Taliban are now attempting to institutionalise child marriage within the formal legal structure. Instead of ensuring security and justice, the Taliban are occupied with issuing shameful misogynistic decrees and suppressing human freedoms.”
Critics say the decree also limits women’s ability to seek divorce on grounds such as abandonment or financial neglect. Some activists argue that women and girls trapped in abusive marriages may now have even fewer legal options for escape.
Recent research by the Afghanistan Human Rights Center found that many victims of child marriage reported domestic violence and severe psychological trauma.
Earlier this month, a 15-year-old girl in Daikundi province reportedly died after months of domestic abuse inflicted by her husband. According to her father, she had married her cousin eight months earlier, and violence began within two months of the marriage. He said local elders repeatedly intervened after assaults and persuaded her to remain with her husband.
Abdul Ahad Farzam of the Afghanistan Independent Human Rights Commission said: “The Taliban’s new code and the governing approach behind it legitimise child marriage, restrict the principle of free consent in marriage, and in some cases even deprive women of that right.
“It reinforces patriarchal structures and places women in a subordinate and legally unequal position,” he said.
The Taliban have rejected criticism of the decree, insisting the regulation is consistent with Islamic law. A Taliban government spokesman dismissed international objections while speaking to Taliban-run National Radio and Television.
“We should pay no attention to the protests of those who are hostile, who have problems with Islam, with religion and with the foundations of the Islamic system,” he said.
Since returning to power in 2021, the Taliban have imposed sweeping restrictions on women and girls, including banning girls from secondary education and universities, limiting women’s employment opportunities, restricting movement, and reducing participation in public life.
The United Nations has described the cumulative effect of those policies as one of the world’s most severe women’s rights crises. Several UN experts and international rights organizations have argued that the measures amount to systematic gender discrimination.
Despite defending the policies as aligned with Afghan cultural and religious values, the Taliban continue to face growing international isolation, with restrictions on women remaining one of the main obstacles to broader diplomatic recognition and engagement.
“Legal frameworks must uphold equality before the law,” Ferguson said, “and ensure meaningful access to justice without discrimination.”