UNAMA: New Taliban charter institutionalizes discrimination against women and child marriage

Elaha Thu May 2026 4 months ago 614

This body has emphasized that the new charter is part of a broader trend of restricting the rights of women and girls in Afghanistan, further institutionalizing discrimination within the legal framework and its enforcement.


According to UNAMA, the "Spousal Separation" charter outlines conditions for women seeking separation from their husbands; however, this process is highly difficult and restrictive for women.


The United Nations has described this decree as "profoundly unequal" and stated that men continue to enjoy the unilateral right to divorce, while women must navigate complex judicial procedures for separation—a matter that, in the view of this body, reinforces structural discrimination against women and limits their autonomy in fundamental issues related to security, dignity, and well-being.


The Taliban recently approved a 31-page charter titled "Principles of Spousal Separation," which addresses in detail the dissolution of marriage, custody, separation conditions, and child marriage.


UNAMA has stated that its particular concern focuses on the Taliban's Decree No. 18; since this decree includes a separate section dedicated to the separation of girls who have reached puberty and are married. In the view of the United Nations, this very issue is an indication of the Taliban's acceptance and endorsement of child marriage.


This body has also warned that under the new decree, a girl's silence after reaching puberty could be interpreted as her consent to marriage—a matter that undermines the principle of free and full consent in marriage and weakens protections for the child's best interests.


The United Nations has added that the Taliban's Decree No. 12, issued in 2022, only addresses limited judicial intervention in family disputes and, in cases where women have been severely subjected to violence, provides for only up to fifteen days in prison for abusive husbands.


Gulagai Ismail, Deputy Special Representative of the UN Secretary-General and Officer-in-Charge of UNAMA, has stated that this new decree is "part of a deeply troubling trend of eroding the rights of women and girls in Afghanistan." She emphasized that these policies, alongside educational restrictions and the exclusion of women from social participation, institutionalize discrimination and create a system in which women and girls in Afghanistan are deprived of freedom, opportunity, and access to justice.


UNAMA announced in a statement on Thursday that this charter must be viewed within the framework of the set of measures that the Taliban have imposed against women's rights since returning to power in 2021. This body recalled that the Taliban's first decree on "women's rights" in December 2021 had recognized certain rights, including women's consent in marriage and inheritance rights; however, subsequent decrees have effectively undermined those same commitments.


The United Nations has also pointed out that the ban on girls' secondary and higher education, along with broad restrictions on women's employment, has deprived millions of women and girls in Afghanistan of the right to education and economic participation, exacerbating poverty in the country. In UNAMA's view, restricting women's agency in matters of marriage, separation, and access to justice will intensify existing inequalities and carry long-term consequences for Afghanistan's future.


In conclusion, UNAMA has emphasized that Afghanistan is obligated under its international commitments to protect human rights, children's rights, and to combat violence against women. This body has called on the Taliban to align their laws and policies with international human rights standards and to guarantee the principle of consent in marriage, the prohibition of child marriage, equitable access to justice, and the preservation of dignity for all citizens.


Prior to this, a Taliban spokesperson, in response to criticisms of the new charter, had stated that these protests are nothing new and will hold no significance for the Taliban administration.

The United Nations Assistance Mission in Afghanistan (UNAMA) has expressed concern over a new Taliban charter on the separation of spouses, warning that this decree could pave the way for legitimizing child marriage.

ilaha

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