"The decree traps women and girls in abusive marriages
while appearing to license and validate child marriage by regulating the
separation of such marriages rather than prohibiting them," Bennett said.
"I call for it to be revised in line with human rights standards or
reversed."
According to the United Nations, Decree No. 18, issued by
the Taliban's de facto Ministry of Justice in April 2026, establishes the legal
conditions under which spouses may seek separation. UN human rights experts say
the measure leaves women and girls vulnerable to abuse and exploitation and
could negatively affect the country's Shia and other religious minorities.
The experts said the decree appears to validate child marriage,
despite an earlier Taliban decree issued in December 2021 that required the
consent of an "adult woman" for marriage.
Several provisions permit a child to seek separation after
reaching puberty, a move experts say acknowledges the existence of child marriage
rather than preventing it.
"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
in a joint statement.
The law lists several grounds for separation, including
incompatibility, disappearance, obstinacy and religious differences, but the
terms are not clearly defined.
While the provisions may appear to create a uniform legal
framework, experts argue that they are undermined by discriminatory treatment
of women and girls and violate international human rights standards.
"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.
The concerns come as Taliban authorities continue to impose
severe restrictions on women and girls, limiting their access to education,
employment and freedom of movement. Human rights experts say those restrictions
make it nearly impossible for women to access courts or exercise the rights the
decree ostensibly provides.
The experts also warned that the decree's requirements for
arbitration and witness testimony make it especially difficult for victims of
domestic violence to seek protection. They noted that the risks are compounded
by Taliban Decree No. 12, which they say permits physical violence by husbands
against wives and children within the family.
"For example, proving domestic violence is extremely
difficult," the experts said. "The requirement of arbitration as well
as witnesses leaves women in abusive marriages with a fear of retribution if
they attempt to escape."
The United Nations said Afghanistan remains bound by
international agreements, 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.
Bennett and the other UN experts urged the Taliban to uphold
those obligations by protecting the rights and safety of women and children.
"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," the experts said. "We call for the discriminatory provisions
to be reversed."
UN experts said they are preparing a detailed analysis of
Decree No. 18 as international concern over the treatment of women and girls in
Afghanistan continues to grow.
