How Legal Changes in Afghanistan Affect Child Marriage and Consent

Human Rights Research Center
1 hour ago
4 min read

Author: Bashir Wako

May 26, 2026

HRRC notes that Decree No. 18 raises serious concerns regarding children’s rights, particularly protection from early marriage and the requirement of free and full consent in marriage, in line with international human rights standards.

Afghanistan’s Decree No. 18, issued on May 14 by the country’s de facto Taliban authorities, introduced new rules governing the separation of spouses. While presented as a procedural update to family laws regulating marriage and divorce, the decree has raised concern due to its implications for children, especially girls, and the way it defines marriage eligibility and consent.

The legal framework, titled the “Code on Judicial Separation of Spouses” appears to link marriage eligibility to puberty rather than establishing a clear minimum age, raising concerns that young girls may be considered eligible for marriage under certain conditions.

Afghanistan currently does not have a clearly defined minimum legal age for marriage. While earlier laws had set the age at 16 for girls, the standard has not been adhered to since the Taliban assumed control of the country in 2021.

International child protection laws stress the importance of a fixed minimum age for marriage and consent from both parties to prevent coercion and protect children from harm. When puberty is used instead of age, legal protections become unclear, increasing the risk of early and forced marriage.

Another concern relates to how the decree defines consent. Some reports suggest that a girl’s silence may be interpreted as agreement to marriage.

From a child-rights perspective, this is highly problematic. Consent must be free, informed, and clearly expressed. Children do not have the same legal or social capacity as adults to provide meaningful consent, especially in contexts where family or social pressure may be present. Interpreting silence as agreement weakens safeguards intended to protect children from forced marriage.

These legal concerns exist alongside broader restrictions affecting children in Afghanistan. According to UNICEF, since 2021, Afghanistan girls have been banned from secondary and higher education, limiting their future opportunities. This means that girls as young as 11 stop having access to educational, safe and social spaces, which increases their vulnerability.

Global evidence has long shown a strong link between lack of education and child marriage. UNICEF, estimates that around 650 million women and girls worldwide were married before the age of 18. In Afghanistan approximately 28 per cent of women aged 15–49 were married before turning 18.

Further analysis suggests that the restriction on girls’ education is associated with an estimated 25 per cent increase in child marriage risk. Child marriage is more likely in contexts where poverty, limited education, displacement and weak legal protections overlap. In such settings, early marriage can become a coping strategy for families facing economic and social pressure.

Girls subjected to early or forced marriage face higher risks of domestic violence, early pregnancy and complications during childbirth. These effects often extend beyond immediate health risks, contributing to long-term cycles of poverty, poor health outcomes and psychological distress.

Decree No. 18 raises serious concerns under core principles of child protection, including the right to education, equality before the law and protection from early and forced marriage. When legal frameworks introduce ambiguity around marriage age and consent, the risk of early and forced marriage increases, particularly for girls already affected by educational and social restrictions.

Glossary

Ambiguity - The quality or state of allowing more than one interpretation.
Child marriage - Any formal marriage or informal union between a child under the age of 18 and an adult or another child.
Child protection - The prevention of, and response to, exploitation, abuse, neglect, harmful practices and violence against children.
Child rights - Fundamental rights and protections entitled to every human being below 18 years of age, as established by the United Nations Convention on the Rights of the Child (UNCRC).
Consent- To give assent or approval.
Coping Strategy - Methods individuals use to manage stress and difficult situations.
Decree – An order usually having the force of law
De facto – Being such in effect though not formally recognized
Displacement - Situation in which people have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of, or in order to avoid, the effects of armed conflict, situations of generalised violence, violations of human rights or disasters.
Equality before the law - The doctrine that all persons, regardless of wealth, social status, or the political power wielded by them, are to be treated the same before the law.
Forced marriage – Marriages that occur when one or both individuals are married without freely agreeing to it.
Legal framework - System of laws, regulations, policies, and legal principles that govern a particular area of activity.
Marriage eligibility - Legal and social requirements an individual must meet to enter into a valid, binding marriage
Marital Separation - An informal transition that may precede or substitute for divorce.
Procedural - Relating to a set of actions that is the official, legal, or accepted way of doing something
Psychological distress - Unpleasant feelings associated with the onset of a traumatic or highly stressful environment or event whereby the individual experiences sadness and anxiety.
Puberty - The time of life when a child experiences physical and hormonal changes that mark a transition into adulthood.
Social pressure - The exertion of influence on a person or group by another person or group.
Vulnerability - The quality of being vulnerable.

References

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How Legal Changes in Afghanistan Affect Child Marriage and Consent

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