Joint Statement about Regulation on the Separation of Spouses

Joint Statement about Regulation on the Separation of Spouses

We, the undersigned human rights organizations, women's rights organizations, civil society groups, and advocacy movements, express our profound concern and strong objection to the recently issued Regulation on the Separation of Spouses, published in Official Gazette No. 1489 by the de facto authorities in Afghanistan.This regulation raises serious concerns regarding the protection of the rights of women and children. Rather than safeguarding the institution of the family, several of its provisions appear to undermine fundamental human rights and create conditions that may perpetuate discrimination, coercion, and structural violence against women and children.1. Legal Recognition of Child Marriage (Article 5)The regulation recognizes the marriage of minor boys and girls as legally valid. We believe that child marriage is incompatible with the best interests of the child and exposes children to significant physical, psychological, educational, and social harm. It deprives children of their right to a safe childhood and undermines their future opportunities and well-being.2. Denial of the Right to Personal Choice and Consent (Articles 2 and 8)Under the regulation, where a father or paternal grandfather arranges a marriage during a child's minority, the individual is reportedly denied the right to dissolve that marriage upon reaching adulthood. Such provisions raise serious concerns regarding the principles of free and informed consent, personal autonomy, and the right of every individual to determine their own future.3. Presumption of Consent Through Silence (Article 7)The regulation provides that if a woman remains silent after reaching legal maturity, her silence may be interpreted as consent to the marriage, limiting her ability to seek its annulment. We emphasize that genuine consent must be explicit, voluntary, and free from coercion. Silence—particularly in environments characterized by fear, social pressure, or unequal power relations—cannot reasonably be regarded as valid consent.4. Unequal Access to Justice (Article 9)The evidentiary standards established under the regulation appear to place a disproportionate burden on women seeking to challenge forced or child marriages. Such provisions may significantly restrict access to justice and undermine the principles of equality before the law, due process, and effective legal remedy.

Back to archive