A new decree in Afghanistan exacerbates structural discrimination against women

Decree No. 18, published by the de facto Ministry of Justice last week, codifies the principles governing the separation of spouses and sets out the grounds on which women can file judicial petitions seeking separation.

UNAMA said that this decree operates within a framework characterized by profound inequality, where men retain the unilateral right to divorce, while women must behave… “Complex and restrictive legal processes for separating from their husbands.”

The mission stressed that this situation “Structural discrimination reinforces and limits women’s autonomy in fundamental matters of their dignity, safety and well-being.”

Georgette Gagnon, current acting head of the UNAMA mission, said that the decree “It further institutionalizes discrimination and, when coupled with restrictions on girls’ education and women’s participation in public life, entrenches a system in which Afghan women and girls are denied independence, opportunity and access to justice.”

UNAMA noted the need to view this decree within a broader context of measures that have affected women’s rights since the de facto authorities took power in 2021.

These measures included banning secondary and higher education for girls, and imposing restrictions on women’s access to the labor market, which deprived millions of Afghan women and girls of their right to education, weakened their economic participation, and deepened poverty, with long-term consequences for Afghanistan’s development.

The mission expressed particular concern about the impact of Decree No. 18 on girls. She said that devoting a chapter in the decree to the issue of separation for girls who have reached puberty and are married implies that child marriage is permissible.

The decree also allows a girl’s silence upon reaching puberty to be interpreted as consent to marriage, which is… “It undermines the principle of free and full consent, and constitutes a failure to safeguard the best interests of the child.”

UNAMA reiterated that Afghanistan is bound by its international commitments in the field of human rights, including commitments aimed at eliminating discrimination against women and protecting the rights of children.

It called on the de facto authorities to harmonize their laws, policies and practices with their international human rights obligations, including safeguarding the principle of consent to marriage, eliminating child marriage, ensuring access to justice, and protecting the rights and dignity of all individuals.