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A new marriage law introduced by Afghanistan’s de facto authorities has raised alarm over its implications for women’s rights, child marriage, and forced marriage.
The legislation is the latest in a series of measures restricting the freedoms of Afghan women and girls.
The United Nations Assistance Mission in Afghanistan (UNAMA) has warned that the new law further institutionalises discrimination against women and girls.
This creates unequal pathways for marital separation, allowing men to end a marriage while requiring women to navigate restrictive judicial processes.
The law also includes requirements relating to married girls who have reached puberty and allows a girl’s silence to be interpreted as consent to marriage.
Forced marriage is recognised as a form of modern slavery. A marriage is considered forced when a person has not freely and fully consented and cannot leave without facing serious consequences, coercion, violence, or abuse.
Children cannot provide free and informed consent to marriage, which is why it is considered forced marriage.
Around the world, forced marriage disproportionately affects women and girls and remains one of the most prevalent forms of modern slavery.
Afghanistan’s latest law is a reminder of how efforts to end forced marriage cannot be separated from the fight for women’s rights.
Access to education, employment, justice, and equal legal protections all help reduce vulnerability to exploitation.
When these rights are restricted, women and girls often have fewer options to make independent decisions, leave harmful situations, or seek support.
Preventing forced marriage requires meaningful consent to marriage, access to justice, and equal rights both within and outside the home.
The new law is the latest in a series of measures introduced since the Taliban returned to power in 2021 that have steadily restricted the rights and freedoms of Afghan women and girls.
Girls remain barred from secondary and higher education, while women face significant restrictions on employment and participation in public life.
These policies have reduced opportunities for women to achieve financial independence and exercise control over their own lives.
For women experiencing abuse or coercion, access to separation is essential. Restrictive legal pathways can make it more difficult to leave harmful relationships and access protection and support.
Afghanistan remains obligated under international law to protect women and children from discrimination and harmful practices.
These commitments include ensuring free and full consent to marriage and preventing child marriage.
A lack of legal protections for children, particularly girls, in relation to marriage remains a significant concern in Afghanistan.
Recent research by Equality Now recommended establishing a formal legal system, aligning laws with global child protection standards, and setting 18 as the minimum age of marriage across all communities and regions.
The international community has committed to eliminating child, early, and forced marriage by 2030 through the United Nations Sustainable Development Goals.
Gender equality is recognised as essential to achieving these goals, including Target 8.7, which calls for action to eradicate forced labour, modern slavery, and human trafficking.
Despite global commitments, progress has been uneven and child marriage remains legal or permitted through exceptions in many countries around the world.
Policies and laws that weaken protections for girls risk pushing the goal of ending child and forced marriage while exposing more children to lifelong harm.