United Nations human rights experts have warned that a Taliban decree on the 'separation of spouses', issued by the de facto Ministry of Justice in April 2026, will effectively license child marriage and make it nearly impossible for women and girls in Afghanistan to escape abusive relationships. The warning was issued on 19 June from Geneva, drawing on a report by the Office of the High Commissioner for United Nations Human Rights.

What the Decree Says

According to the UN report, several provisions within the decree allow a child to seek separation only upon reaching puberty — an implicit acknowledgement that children are being married before that age. The decree also increases the power of guardians over marriage arrangements, making it structurally harder for girls to report or act on domestic abuse.

'The decree on separation of spouses leaves women and girls vulnerable to abuse and exploitation,' the experts said. 'It could also impact the Shia minority and other religious minorities.'

Reversal of Earlier Protections

The UN experts noted that the new decree contradicts a December 2021 Taliban order that required the consent of 'an adult woman' for marriage — a provision that had been cautiously welcomed at the time. The latest decree appears to walk back that protection, raising fears that underage marriages, already a concern under previous administrations, will increase further.

'This leaves girls exposed to years of physical, psychological, sexual and economic harm before they can seek relief,' the report stated.

Barriers to Escaping Abuse

UN experts expressed particular alarm at how the decree affects women already in abusive marriages. '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,' they said.

The decree's provisions on guardian authority further entrench existing power imbalances, critics argue, leaving women with few legal avenues to seek relief.

International Law Obligations

The experts reminded the Taliban's de facto authorities that Afghanistan remains bound by key international treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention against Torture, and the Convention on the Rights of the Child.

'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. We call for the discriminatory provisions to be reversed,' the experts stated.

What Comes Next

The Taliban have not publicly responded to the UN's assessment. Human rights organisations are expected to press for international monitoring mechanisms, though the de facto government has historically resisted external oversight on domestic legislation. The UN's call for reversal of the decree's discriminatory provisions is unlikely to find immediate traction given the Taliban's track record on women's rights since returning to power in 2021.