UNAMA Statement on Afghanistan’s De Facto Authorities’ Decree No. 18 on the “Code on Judicial Separation of Spouses” | United Nations Peace Operations

Country: Afghanistan Source: UN Assistance Mission in Afghanistan 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 must 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 w...

Original source: Relief Web