UN Women Afghanistan statement on Decree No. 18 issued by the de facto authorities

As Afghanistan approaches five years since the Taliban takeover, this latest Decree, published by the de facto Ministry of Justice on 14 May 2026, sets out the conditions for separation from a spouse, raising serious concerns around child marriage and women’s consent. It marks a break from laws in place before the takeover, which set a minimum age of marriage and criminalized forced and child marriage.

By contrast, Decree No. 18 sets no minimum age of marriage. Instead, it outlines how a child marriage can be invalidated or how a child who was forced to marry could seek an annulment, after they reach puberty. By implying that child marriage is permitted, it risks normalizing the practice. The Decree also makes it harder for a woman to separate from a spouse. Women face more complex legal barriers compared to men, including needing multiple witness testimonies to support their request to separate. In some cases, a husband can override his wife’s separation claim with a statement or through lack of consent. This again highlights that men and women are no longer equal before the law in Afghanistan—as confirmed by the recent Decree No. 12, issued in January.

UN Women is again profoundly concerned about the implications of Decree No. 18. Afghan women and girls have the right to live free from violence and discrimination. They are entitled to dignity, safety, freedom of movement, and participation in public life. Legal frameworks must uphold equality before the law, protect women from all forms of violence, and ensure meaningful access to justice without discrimination.

UN Women calls on the de facto authorities to ensure that all laws and policies protect the rights of women and girls, in line with human rights treaties and conventions to which Afghanistan is a party.

Media Team, UN Women
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