U.N. gravely concerned by an Afghan Taliban law that has provisions on child marriage

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The United Nations has expressed grave concern over a new Afghan Taliban decree governing marriage separation that includes provisions on child marriage, which activists say further entrenches discrimination against women and girls in the country. The decree, published in Afghanistan's Official Gazette, sets out rules for the judicial separation of spouses and has drawn international criticism for its implications on the rights of Afghan women and girls.

The decree, known as Decree No. 18, was issued by the Ministry of Justice and approved by Supreme Leader Hibatullah Akhundzada. It outlines various grounds for separation, including a husband's prolonged disappearance, incompatibility between couples, renunciation of Islam, and failure on the part of the husband. However, the provisions related to the marriage of minors have become the main point of contention.

Coverage Comparison

Coverage of the decree, reported by multiple international outlets, presents a consistent picture of concern from the UN and human rights groups. Reports from Reuters and the South China Morning Post highlight the UN's official statement, describing the measure as one that "further entrenches discrimination against women and girls." The Guardian, in its coverage, emphasizes activists' claims that the new laws make it "almost impossible for girls and young women to seek divorce against their husbands' will," and notes that child marriage appears to be legally recognized for the first time.

While all sources agree on the decree's controversial nature, there are slight variations in focus. Dawn focuses on the decree's reinforcement of "systemic discrimination" and the erosion of rights for Afghan women, as stated by Georgette Gagnon, Deputy Special Representative of the UN Secretary-General. The Hindu echoes these concerns, reporting the decree as an issue of grave concern that sets back progress on women's rights in Afghanistan.

Key Claims and Provisions

The new law includes several key provisions that have raised alarm. According to the reports, the decree states that the silence of a girl reaching puberty can be interpreted as consent to marriage. This aspect has been singled out by the UN as undermining the principle of free and full consent. The decree also addresses when a marriage contract can be annulled, stipulating that a marriage can be ruled invalid "if a father or grandfather has given a minor girl or boy without any dowry, not enough dowry or obscene embezzlement." This has been interpreted as permitting child marriage under certain conditions, a claim that appears supported by the text's reference to separation procedures for "minor boys and girls" whose families arranged their marriages.

Activists point to the challenging environment for women and girls in Afghanistan, noting that the country continues to face significant social and economic challenges. The United Nations Assistance Mission in Afghanistan (UNAMA) says the law "further entrenches systemic discrimination in law and practice," denying women and girls "autonomy, opportunities, and access to justice." These statements reflect a broader assessment of the situation, drawing on input from various stakeholders and partners.

Perspectives on the Decree

The decree has been met with a range of reactions. Georgette Gagnon highlighted that the new legislation is "part of a broader and deeply concerning trajectory in which the rights of Afghan women and girls are being eroded." This perspective is shared by activists who say the new laws are a form of "systemic violence against women and children," with some demonstrations reported in Kabul against the decree.

The Taliban government, for its part, has rejected the accusations, saying the decree follows Islamic law and insisting the country has already banned the forced marriage of girls. The government's position is that the law is in line with its interpretation of Islamic principles, a claim that has not alleviated the concerns of international observers and human rights groups.

Since returning to power in 2021, the Taliban government has implemented a series of restrictions on women and girls, including barring them from most education, public spaces, and many jobs. The new decree is widely seen as another step in this direction, further restricting the rights and freedoms of women and girls in Afghanistan.