Child marriage in Afghanistan; a contested human rights concern, or a socially accepted norm?

Investigating the practice of child marriage in Afghanistan offers a complex intersection between human rights violations and deeply embedded social norms. Despite the existence of international legal frameworks and the national laws enacted by successive Afghan governments over the past twenty years aimed at eradicating child marriage, this detrimental practice remains widespread, largely fuelled by poverty, tradition, and the impacts of war. The situation has been particularly exacerbated since the Taliban regained power in Afghanistan in August 2021. This thesis explores the complex nature of child marriage, framing it as both a human rights issue and a culturally accepted tradition within Afghanistan, and examines how this practice is often justified through religious and cultural narratives. Adopting a socio-legal perspective and employing the legal consciousness framework, the research investigates how individuals and communities navigate legal norms. It highlights the ways in which formal laws are perceived, negotiated, or resisted in daily life. Through an analysis of real-life examples and insights from experts, findings from remote fieldwork reveal a significant disconnect between international human rights standards and local customary practices in Afghanistan, particularly regarding the experiences of Afghan girls. The thesis argues that to effectively tackle this intricate intersection, solutions must reconcile international standards with local customs while addressing the Taliban's legal framework and the deeply ingrained socio-economic conditions that perpetuate these practices.