Rights group warns of growing legal exclusion facing Afghan migrants in Iran

The HANA Human Rights Organization has expressed serious concern over what it describes as an increasing pattern of legal exclusion affecting Afghan migrants in Iran, particularly women and children who face growing obstacles in accessing civil registration and judicial protection.

In a detailed statement, the organization said many Afghan migrants struggle to obtain legal recognition of key personal-status matters, including marriage, divorce, birth registration, custody, inheritance, and maintenance claims. It warned that these issues have worsened following recent armed conflict, tighter security measures, disruption of public services, internet shutdowns, and increased administrative pressure.

HANA said the absence of an effective and accessible civil-registration system has left many Afghan migrants in a situation of “legal invisibility,” limiting their ability to prove family relations, access public services, and seek legal remedies.

The organization stressed that civil-status registration is essential for basic rights such as legal identity, family recognition, inheritance, and access to justice. It warned that failures in registration systems can lead to wider violations of civil, social, and economic rights.

According to the statement, Afghan women are particularly affected, especially in cases involving domestic violence, unregistered marriages, informal divorces, abandonment, or custody disputes, where access to courts and legal protection is often limited.

HANA also highlighted risks faced by Afghan children, including lack of birth registration and identity documents, which may result in denial of education, healthcare, and social protection, and increase vulnerability to child labour, exploitation, and early marriage.

The organization said these challenges raise concerns under Iranian domestic law and constitutional guarantees of access to justice and equality before the law, as well as Iran’s obligations under international human rights treaties, including protections for children and the right to legal identity.

HANA urged Iranian authorities to establish transparent civil-registration procedures for Afghan nationals, ensure equal access to courts regardless of migration status, protect migrant women and children from legal and social harm, and create emergency mechanisms during crises to maintain access to justice and essential services.

It also called for an end to practices that may lead to detention, deportation, or intimidation of migrants seeking legal or administrative assistance.

The group warned that the combined effect of administrative and security barriers risks creating a system of structural legal exclusion, preventing many Afghan migrants from securing basic rights and legal recognition in Iran.