KABUL - The United Nations Assistance Mission in Afghanistan (UNAMA) expresses grave concern over the promulgation of Decree No. 18 by Afghanistan’s de facto authorities. The Decree, which codifies principles governing the separation of spouses, represents another step in the erosion of Afghan women and girls’ rights and further entrenches systemic discrimination in law and practice.
The gazetted Decree, published by the de facto Ministry of Justice on 14 May 2026, establishes grounds on which women may petition for judicial separation. It operates in a deeply unequal framework: while men retain the unilateral right to divorce, women must pursue complex and restrictive judicial avenues to separate from a spouse. This situation reinforces structural discrimination and limits women’s autonomy in matters fundamental to their dignity, safety, and wellbeing.
“Decree No. 18 is part of a broader and deeply concerning trajectory in which the rights of Afghan women and girls are being eroded,” said Georgette Gagnon, Deputy Special Representative of the Secretary-General and Officer-in-Charge of UNAMA.
“The Decree further institutionalizes discrimination and, when combined with restrictions on girls’ education and women’s public participation, entrenches a system in which Afghan women and girls are denied autonomy, opportunity, and access to justice,” Ms. Gagnon said.
UNAMA notes that Decree No. 18 should be viewed within a broader context of measures affecting women’s rights since the de facto authorities’ takeover in 2021. An initial decree in December 2021 (“Special Decree on Women’s Rights”) recognized certain rights for women, including women’s consent to marriage and inheritance.
However, successive decrees have undermined these protections, restricting women’s autonomy before, during, and after marriage. For example, Decree No. 12 (2026) introduced limited judicial intervention within marriage but only in cases where women are severely beaten, with a penalty of 15-days imprisonment for husbands convicted of serious abuse.
Of particular concern is the impact of Decree No. 18 on girls. By devoting a chapter on separation for girls who reach puberty and who are married, the Decree implies that child marriage is permitted. It also allows for a girl’s silence as she reaches puberty to be interpreted as consent to a marriage. This undermines the principle of free and full consent and failing to safeguard the best interests of the child.
Measures adopted by the de facto authorities since August 2021, including bans on girls’ secondary and higher education and restrictions to women’s access to work, have deprived millions of Afghan women and girls of their right to education, weakened economic participation, and deepened poverty, with long-term consequences for Afghanistan’s development. Within this context, Decree No. 18 compounds existing inequalities by limiting women’s agency in marriage, separation, and access to justice.
UNAMA reiterates that Afghanistan is bound by its international human rights obligations, including commitments to eliminate discrimination against women and protect the rights of the child. UNAMA calls on the de facto authorities to align their laws, policies and practices with their international human rights obligations, including safeguarding consent to marriage, eliminating child marriage, ensuring access to justice, and protecting the rights and dignity of all individuals.
