We, a coalition of human rights and women's rights organizations, networks, and associations, hereby express our strongest condemnation and deepest concern regarding the recent decrees issued by the current Taliban authorities. The "Proclamation of Spousal Separation" (Osoolnama-e Tafriq-e Zawjain), recently published in the Official Gazette, reflects an approach that utterly disregards the fundamental rights of half of society. Instead of protecting the sanctity of the family, it establishes a legal framework for systemic violence against children and women. We raise our serious objections to the following specific clauses:
1. Legalization of Child Marriage (Article 5)
Under this proclamation, the marriage of minors (young boys and girls) is recognized as a lawful act. We firmly believe that marriage in childhood is an explicit injustice against children, inflicting irreversible physical and psychological trauma. This article practically permits children to be used as commodities, sacrificing their childhood for familial transactions.
2. Deprivation of Right to Self-Determination and Agency (Articles 2 and
According to this law, if a father or paternal grandfather marries off a child, that individual has no right to annul the marriage (Option of Puberty / Khiyar al-Bulugh) upon reaching adulthood. This condemns a human being to spend the rest of their life bound to a decision made for them during infancy. These articles treat children as property in the hands of guardians, stripping them of their divine and human right to self-determination.
3. Exploitation of the Silence of Girls (Article 7)
The proclamation states that if a virgin girl remains silent after reaching puberty, her silence is legally interpreted as "consent," thereby forfeiting her right to annul the marriage. We view this as a legal stratagem to legitimize coercion. In a society where girls endure immense pressure, threats, and systemic shame, silence can never equate to consent, and the law must not weaponize this vulnerability against the victim.
4. Judicial Discrimination and Barriers to Proving Rights (Article 9)
The law places the entire burden of proof onto the girl. If a girl claims she objected immediately upon reaching puberty, but her husband denies it, the husband’s word is legally accepted based solely on an oath. This dynamic renders justice virtually unattainable for girls seeking liberation from forced marriages, turning the judicial system into a tool to institutionalize dominance over children.
5. Primitive and Humiliating Approach to Sexual Harassment (Article 14)
Pursuant to Article 14 of this proclamation, if a wife claims she was touched or kissed by her husband's mahrams (such as the husband's father or son) and this is proven or confirmed, a decree of absolute separation and dissolution of marriage is issued. We condemn this article as the pinnacle of an instrumental and degrading view of a woman’s dignity. Instead of criminalizing sexual harassment and punishing the perpetrator, the judicial system punishes the female victim with the dissolution of her marriage and displacement. This article paves the way for absurd legal abuse, allowing men to evade their marital obligations.
6. Absolute Rejection of the Proclamation and Other Discriminatory Clauses
We emphasize that the aforementioned clauses represent merely a fraction of the unjust rulings contained within this document. Addressing every single clause of this proclamation deeply rooted in instrumental, primitive, and misogynistic views of women falls beyond the scope of this text. Therefore, we fundamentally reject the entire content, spirit, and legal validity of this proclamation, declaring it entirely devoid of human and international legitimacy.
7. Normalization of Atrocities: Domestic Violence, Targeted Killings, and the Mutilation of Women
Parallel to these misogynistic legislative efforts, we are witnessing a profound human catastrophe unfolding outside the courts. Severe domestic violence, alongside targeted, mysterious, and so-called honor killings of women and girls, has escalated to a horrifying degree and is actively being "normalized." Shocking atrocities, such as the mutilation of women's bodies and the dumping of their lifeless corpses on streets, alleyways, and public spaces, vividly demonstrate the complete devaluation of a woman's life under the shadow of absolute impunity for the perpetrators of violence and terror.
Our Demands:
We, the signatories of this declaration, demand the following:
• The immediate, unconditional, and complete repeal of the entire text of the "Proclamation of Spousal Separation" and all articles that legitimize the marriage of minors.
• An immediate halt to forced marriages, which constitute a flagrant manifestation of modern slavery and a crime against humanity.
• An end to the normalization of violence and the culture of impunity for perpetrators of targeted killings, honor killings, and horrific crimes such as the mutilation and public dumping of women's bodies.
• Full respect for the right to choice, freedom, bodily safety, and human dignity of all citizens, particularly the women and children of Afghanistan.
We call upon the United Nations Human Rights Council (UN), the United Nations Children's Fund (UNICEF), the Special Rapporteur on the situation of human rights in Afghanistan, and all international human rights bodies not to remain silent in the face of these anti-human legislations and the silent slaughter of women. We urge immediate, practical, and deterrent actions to safeguard the lives, security, and future of the children and women of Afghanistan.
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