UPR Sexual Rights Database

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UN Member State that is reviewed on its human rights record as part of the UPR process.

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Source of Reference

Recommending State

UN Member State or Permanent Observer making sexual rights related recommendations, comments or asking questions to the State under Review.

Review Documentation

Sources of information used as the basis for a State’s review.  Includes the State’s National Report, UN Compilation Report and a Stakeholder Summary.

UN Regional Group to which State under Review belongs.

UN Regional Group to which Recommending State belongs.

This will only match recommendations where the Source of Review is a State.

Implementation notes

State responses to recommendations and issues raised in the UN Compilation and Stakeholder summary.

Displaying 1 - 25 of 62366 recommendations found
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Moldova

    Moldova
    Regional group
    EEG
    Political group
    CIS
    OIF
    Issue:
    • Early marriage
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Adopt and implement a national action plan to end child marriage and to adopt the necessary legal and regulatory measures to ensure a consistent implementation at central and local levels of the laws on violence against women.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Dominican Republic

    Dominican Republic
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    46th Session, April 2024
    Status:
    Unclear Response
    Contents:
    Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
    Explanation
    Noted. Afghanistan takes note of the importance of adhering to international human rights treaties that are not yet ratified, particularly those focused on combating trafficking in persons, addressing cases of statelessness, protecting migrant workers and their families, preventing forced disappearances, and eliminating discrimination against women. Afghanistan is committed to aligning with international standards to ensure the protection and promotion of human rights for all citizens. Taking into consideration the dismantling of national structures since August 2021, once Afghanistan is in a position to consider the ratification and accession to further international human rights instruments, it can thereafter decide upon them.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Yemen

    Yemen
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Issue:
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    46th Session, April 2024
    Status:
    Accepted
    Contents:
    Reactivate the National Human Rights Commission and respect the rights of Afghan citizens, especially women and girls.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Malta

    Malta
    Regional group
    WEOG
    Political group
    EU
    Commonwealth
    Issue:
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    46th Session, April 2024
    Status:
    Accepted
    Contents:
    Repeal legislation at the national and local level that impede women and girls right to an education.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Mongolia

    Mongolia
    Regional group
    Asia-Pacific Group
    Issue:
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    46th Session, April 2024
    Status:
    Accepted
    Contents:
    Ensure the participation of women and girls in education, vocational training and employment in both public and private sectors.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Germany

    Germany
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    46th Session, April 2024
    Status:
    Accepted
    Contents:
    Take back all decrees limiting the fundamental rights and freedoms of women and girls guaranteed by international conventions to which Afghanistan is a party.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Switzerland

    Switzerland
    Regional group
    WEOG
    Political group
    OIF
    Issue:
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    46th Session, April 2024
    Status:
    Accepted
    Contents:
    End the prohibition on women working for the United Nations, non-governmental agencies and other entities, including public offices, as a first step towards ending prohibitions on all other forms of work.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Liechtenstein

    Liechtenstein
    Regional group
    WEOG
    Issue:
    • Sexual abuse
    • Gender equality
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    46th Session, April 2024
    Status:
    Accepted
    Contents:
    Take effective steps to prevent femicides, acts of violence, including arbitrary detention, sexual abuse, or any form of torture, ill-treatment or punishment of women and girls, and to ensure the strengthening of gender equality through the removal of all bans and discriminatory practices.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    France

    France
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Recommendation
    Session:
    46th Session, April 2024
    Status:
    Accepted
    Contents:
    Respect the Security Council Resolution 2593, in particular its provisions concerning the rights of women and children and the full, equal and meaningful participation of women in the quest for an inclusive political solution.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    National Report

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    N/A
    Contents:
    Challenges include shortage of qualified teachers, especially female teachers ... [Para 59]
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    UN Compilation

    Issue:
    • Violence against women / gender-based violence
    • Sexual violence
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    Neglected
    Contents:
    The Secretary-General referred to the insufficient protection for victims of or witnesses to sexual violence and the low level of cases being prosecuted, notably due to fear of violent retaliation and to the lack of specific legislation in line with CRC. ... The Special Representative of the Secretary-General for Children and Armed conflict reported about worrisome allegations about sexual violence against boys by armed actors. [Para 18]
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    Neglected
    Contents:
    Most Afghans, and particularly women, have difficulty accessing courts and legal assistance; most cannot afford court fees or the transportation costs for attending often distant courts. [Para 21]
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Nigeria

    Nigeria
    Regional group
    Africa Group
    Political group
    AU
    OIC
    Commonwealth
    Issue:
    • Women's and / or girls' rights
    • Right to health
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Endeavour to improve on the institutions of health care delivery in order to facilitate accessible health services for its citizens, especially women and children.
    Implementation
    • National Report:
      Para 15) Despite the challenges, the GoIRA has significant achievements on the MDGs. These achievements are … improving mother's health …
      Para 78) The GoIRA is fully committed to provide better health service for its citizens, in particular women, children and other vulnerable groups. Article 52 of the Constitution says: “The state shall provide free preventative healthcare for all citizens” It also has developed a National Health Strategy for 2016-2020. To strengthen and develop effective and sustainable practices of the health system for better access to quality healthcare services for all citizens.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    France

    France
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Women's participation
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Implement the Security Council resolutions on Women, Peace and Security, by ensuring, in particular, participation of women on an equal footing and at every level of responsibility in the reconciliation process.
    Implementation
    • National Report:
      Para 117) The National Action Plan for UNSC Resolution 1325 from 2015–2022 has been ratified by the Afghan Government on July 1, 2015. It consists of 4 pillars48 and 39 indicators which empower women, ensures their participation in peace process and good governance.
      Para 118) Women’s contribution in the High Peace Council has increased since 2015. The new HPC leadership has paid special attention to the value, respect, and importance of women’s presence in the peace process which is one of the priorities of the HPC. One Deputy is a Woman and there are now 12 women out of 65 members. The HPC has 800 employees in Kabul and provinces, out of which 134 are women. The percentage of women has been increased from 11 to 22 percent at the provincial level.
      Para 119) Women representatives took part in peace negotiation in Oslo with Taliban in 2015.

      UN Compilation:
      Para 47) OHCHR/UNAMA reported that the Government continued to carry out the Afghan national plan for the implementation of Security Council resolution 1325 (2000) on women and peace and security, but its efforts were hampered by lack of funding.
      UN Compilation:
      Para 48) OHCHR/UNAMA noted that despite some progress, the number of women in positions of decision-making remained low. On 2 July 2017, five new female members had been nominated to the High Peace Council. The 480 members of the High Peace Council and the provincial peace councils included 65 women. However, only one of the seven sections of the Joint Secretariat of the Council was led by a woman.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Canada

    Canada
    Regional group
    WEOG
    Political group
    OAS
    OIF
    Commonwealth
    Issue:
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Ensure that women and women's rights advocates participate in every stage of negotiations concerning a political settlement to the conflict and that the rights of women and girls are respected in any eventual settlement.
    Implementation
    • National Report:
      Para 117) The National Action Plan for UNSC Resolution 1325 from 2015–2022 has been ratified by the Afghan Government on July 1, 2015. It consists of 4 pillars48 and 39 indicators which empower women, ensures their participation in peace process and good governance.
      Para 118) Women’s contribution in the High Peace Council has increased since 2015. The new HPC leadership has paid special attention to the value, respect, and importance of women’s presence in the peace process which is one of the priorities of the HPC. One Deputy is a Woman and there are now 12 women out of 65 members. The HPC has 800 employees in Kabul and provinces, out of which 134 are women. The percentage of women has been increased from 11 to 22 percent at the provincial level.
      Para 119) Women representatives took part in peace negotiation in Oslo with Taliban in 2015.

      UN Compilation:
      Para 47) OHCHR/UNAMA reported that the Government continued to carry out the Afghan national plan for the implementation of Security Council resolution 1325 (2000) on women and peace and security, but its efforts were hampered by lack of funding.
      UN Compilation:
      Para 48) OHCHR/UNAMA noted that despite some progress, the number of women in positions of decision-making remained low. On 2 July 2017, five new female members had been nominated to the High Peace Council. The 480 members of the High Peace Council and the provincial peace councils included 65 women. However, only one of the seven sections of the Joint Secretariat of the Council was led by a woman.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Germany

    Germany
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Ensure early presentation of the report on the implementation of the Law for the Elimination of Violence against Women, effective and nation-wide implementation of that Law and comprehensive collection of data, monitoring and evaluation to further identify weaknesses in implementation, and to ensure continuing conformity of the law for the Elimination of Violence against Women with CEDAW.
    Implementation
    • National Report:
      Para 26) The GoIRA protects and promotes human rights by strengthening and establishing human rights units within the power structures as following:
      …
      • Judiciary Power: Division of Violence Against Women and Children in the Supreme Court review all cases of women and children rights violations;
      Para 105) The Criminal Procedure Code 2014 and Penal Code 2018 have been ratified. Discriminatory human rights violating elements have been taken out and new provisions regarding protection of women’s rights were included. The criminal procedures law enriches specific provisions on the victim’s rights and protection of evidence. Beside the new penal code, the EVAW Law still remains enforced and the cases related to violence against women will be reviewed in accordance with this specific law.
      Para 106) Different measures for better implementation of the EVAW Law have been taken in to account. These measures include the establishment of institutions, policies, regulations, training of judges, prosecutors, police, and other relevant employees as well as legal awareness campaigns for citizens. The AGO plans to draft a National Action Plan for the Implementation of EVAW Law in near future.
      Para 107) Following mechanisms are in place:
      • Monthly meetings of the EVAW high commission and provincial commissions of all 34 provinces to monitor critical areas. Findings are being submitted to the relevant government departments and the President’s office. Establishment of 28 women’s shelters centers in Kabul and 20 in different provinces.
      • Establishment of special units at all 34 Provincial Office of Attorney’s for EVAW cases. In 31 provinces, units are just being led by women.
      • Establishment of special EVAW units at the Supreme Court in Kabul and 15 provinces.
      • Legal assistance centers and family dispute resolution units were established in 34 provinces under the police headquarters framework.
      • A mediation department has been established at the AGO to mediate in family matters.
      • The Supreme Court established special courts for EVAW cases in 22 provinces. Till 2020 all provinces will be having a special court for EVAW cases.
      • A telephone hotline has been established for women and children in case of violence.
      • On 11th of July 2016, the MoI established a complaint mechanism to prevent and respond to sexual harassment against women police officers.
      Para 108) The AGO established a Deputy AGO for Elimination of Violence against Women & Children, which is led by a woman. This office has two sub-departments responsible for reducing violence against women and for its social consultants. Another department deals with women rights, victims and witnesses with help of IDLO.
      Para 109) The Afghanistan AGO established a monitoring mechanism on the implementation of EVAW law within its offices.
      Para 110) With support of IDLO the AGO established a database within the Deputy AGO for EVAW. This database includes all activities of prosecutors, the case itself and the work which has been done so far. Through this database, the Deputy GA can monitor his employees and held them accountable if needed.
      Para 111) Between 2014 and 2018, 5921 cases have been investigated. 4840 cases of violence against women have been addressed in the three-layer courts of the country based on the provisions of EVAW.

      UN Compilation:
      Para 25) OHCHR/UNAMA noted that the ongoing armed conflict affected women’s access to justice. The Mission noted that the failure of law enforcement authorities to take action undermined efforts to promote the rights of women, eroded the rule of law and contributed to an expectation of impunity. It observed that the gap in relation to the available range of punishments for criminal offences of violence against women contributed to the wide use of mediation. The Mission highlighted that the wide use of mediation in criminal offences of violence against women also promoted impunity, enabled its reoccurrence, eroded trust in the legal system and constituted a human rights violation on the part of Afghanistan.
      Para 42) The Committee against Torture remained deeply concerned by the high prevalence of violence against women, in particular domestic violence, rape, battery, laceration, crimes committed in the name of “honour” and cases of stoning.
      Para 44) The Secretary-General of the United Nations noted the decree amending the Penal Code with regard to crimes of violence against women ...
      Para 45) OHCHR/UNAMA noted that harmful acts of violence against women, including murder, beating, mutilation, child marriage and ba’ad, remained widespread, despite the Government’s concrete efforts to criminalize those practices and establish measures for accountability. Harmful practices that had been criminalized under the Elimination of Violence against Women Law, such as forced and child marriage, honour killings, ba’ad, badal (the exchange of women for marriage purposes to settle disputes) and forced self-immolation, were often confused as being aspects of Islamic law or teachings and therefore ingrained in the local traditions. The Mission documented 280 cases of murder and “honour killings” of women from January 2016 to December 2017. It found that the police had often failed to forward those cases to prosecutors. The majority of Afghan women continued to be denied fair treatment before the law, as discriminatory provisions in laws and policies were still prevalent. As such, law enforcement and other judicial practitioners, including prosecutors and courts, had often failed to enforce the Elimination of Violence against Women Law, resulting in widespread impunity for the criminal acts of violence against women. OHCHR/UNAMA consistently found that implementation of the Elimination of Violence against Women Law had been slow and non-uniform.

      Stakeholder Summary:
      Para 10) AIHRC noted that violence against women is one of the most serious violations of human rights. During 2014-2017, AIHRC registered, investigated and followed around 19,920 cases of violence against women and referred them to the relevant legal entities. Out of these cases, 845 cases were cases of women who were murdered. The real statistics of women's violence and murders are much higher. The prosecution and punishment of perpetrators of violence against women by government agencies, as well as the implementation of the EVAW Law and the Law for the Prevention of the Sexual Harassment against Women and Children have been ineffectively done and challenges remained unchanged. Statistics showed that the government and the law enforcement agencies have failed to properly and timely investigate cases of violence against women and cases of murder. AIHRC attributed that insecurity, corruption, the increased culture of impunity, lack of rule of law, the spread of harmful custom and tradition in society, lack of awareness of people of the law and human rights, poverty and economic problems are among the factors of violence against women which have not been adequately and practically addressed by the government. AIHRC reported that Taliban also continued to commit killings and extra judicial and arbitrary punishment of women in the area of under their control. AIHRC recalled that under Resolution 1325 and the SDGs, the government has to accelerate the process of gender mainstreaming in the departments.
      Para 34) HRW noted that violence against women, including rape, murder, mutilation and assault is widespread, and the perpetrators are rarely brought to justice. In the 2014 UPR, the Afghanistan delegation accepted numerous recommendations on improving implementation of the 2009 Law on the Elimination of Violence Against Women (EVAW law), including the measures recommended to Afghanistan by the Committee on the Elimination of Discrimination against Women in July 2013. During the review, the Afghan delegation committed to implement the EVAW law, and that perpetrators of violence against women would be prosecuted and punished. However, HRW found that Afghan women seeking justice after facing violence continue to face formidable obstacles. Afghan authorities routinely turn victims away or pressure them to accept mediation. Mediation does not provide justice to female victims of serious crimes, offering victims only a promise from her abuser not to repeat the crime. In some case, mediators themselves inflict abuse, for example by ordering girls or women to be given as compensation for murder, forcing women and girls to marry men who raped them, or excusing murder in the name of “honor.” Afghan police and prosecutors continue to jail women and girls for on charges of “moral crimes” that include “running away” from home, and committing or attempting to commit sexual intercourse outside marriage “zina”, or having sex outside of marriage. Rape victims can be charged with “zina” and imprisoned. These girls and women are subjected to invasive vaginal and anal examinations performed by Afghan government doctors, sometimes repeatedly on the same girl or woman including young girls. Afghan officials claimed that the government had since banned the examinations, but officials have told HRW that the practice remained widespread, and many judges, prosecutors, and police officials told them that they routinely order “virginity tests.”
      Para 35) ODVV also noted that one of the most serious human rights violations in Afghanistan is violence against women, particularly girls. In 2017 there were 4340 cases of violence against 2286 women. This is while in the previous year there were approximately 2046 reported cases of violence against women. These figures indicate that not only violence against women in Afghanistan has not dropped, but the abuses have increased. There have also been report of 277 women being murdered, while only 40 of them have been prosecuted. This shows a weakness in enforcing the law, additionally, victims’ families’ were reluctant to file a complaint against perpetrators of crimes.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Australia

    Australia
    Regional group
    WEOG
    Political group
    PIF
    Commonwealth
    Issue:
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Finalize and implement a National Action Plan on Women, Peace and Security.
    Implementation
    • National Report:
      Para 117) The National Action Plan for UNSC Resolution 1325 from 2015–2022 has been ratified by the Afghan Government on July 1, 2015. It consists of 4 pillars48 and 39 indicators which empower women, ensures their participation in peace process and good governance.
      Para 118) Women’s contribution in the High Peace Council has increased since 2015. The new HPC leadership has paid special attention to the value, respect, and importance of women’s presence in the peace process which is one of the priorities of the HPC. One Deputy is a Woman and there are now 12 women out of 65 members. The HPC has 800 employees in Kabul and provinces, out of which 134 are women. The percentage of women has been increased from 11 to 22 percent at the provincial level.
      Para 119) Women representatives took part in peace negotiation in Oslo with Taliban in 2015.

      UN Compilation:
      Para 47) OHCHR/UNAMA reported that the Government continued to carry out the Afghan national plan for the implementation of Security Council resolution 1325 (2000) on women and peace and security, but its efforts were hampered by lack of funding.
      UN Compilation:
      Para 48) OHCHR/UNAMA noted that despite some progress, the number of women in positions of decision-making remained low. On 2 July 2017, five new female members had been nominated to the High Peace Council. The 480 members of the High Peace Council and the provincial peace councils included 65 women. However, only one of the seven sections of the Joint Secretariat of the Council was led by a woman.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Poland

    Poland
    Regional group
    EEG
    Political group
    EU
    Issue:
    • "Honour crimes"
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Unclear Response
    Contents:
    Repeal article 398 of the Afghan Penal Code with a view to ensuring full accountability for the perpetrators of so-called honour killings.
    Explanation
    The Islamic Republic of Afghanistan wants to review and assess these recommendations until the translation and assessment of barriers and their implementation opportunity. Most of these recommendations require Afghanistan accession to some conventions and their optional protocols. Since accession to some conventions and their optional protocols is a long process and needs extensive consultation and professional studies, therefore, the Government of Afghanistan scrutinize the above Recommendations once again.
    Implementation
    • National Report:
      Para 11) Reforming the Criminal Justice, the new code introduces alternatives to imprisonment and detention. As well as, the code has removed permission of honor killing to prevent arbitrary and illegal murders.

      UN Compilation:
      Para 42) The Committee against Torture remained deeply concerned by the high prevalence of violence against women, in particular domestic violence, rape, battery, laceration, crimes committed in the name of “honour” and cases of stoning.
      Para 45) … Harmful practices that had been criminalized under the Elimination of Violence against Women Law, such as forced and child marriage, honour killings, ba’ad, badal (the exchange of women for marriage purposes to settle disputes) and forced self-immolation, were often confused as being aspects of Islamic law or teachings and therefore ingrained in the local traditions. The Mission documented 280 cases of murder and “honour killings” of women from January 2016 to December 2017. It found that the police had often failed to forward those cases to prosecutors. The majority of Afghan women continued to be denied fair treatment before the law, as discriminatory provisions in laws and policies were still prevalent. As such, law enforcement and other judicial practitioners, including prosecutors and courts, had often failed to enforce the Elimination of Violence against Women Law, resulting in widespread impunity for the criminal acts of violence against women. OHCHR/UNAMA consistently found that implementation of the Elimination of Violence against Women Law had been slow and non-uniform.

      Stakeholder Summary:
      Para 10) AIHRC noted that violence against women is one of the most serious violations of human rights. During 2014-2017, AIHRC registered, investigated and followed around 19,920 cases of violence against women and referred them to the relevant legal entities. Out of these cases, 845 cases were cases of women who were murdered. The real statistics of women's violence and murders are much higher. The prosecution and punishment of perpetrators of violence against women by government agencies, as well as the implementation of the EVAW Law and the Law for the Prevention of the Sexual Harassment against Women and Children have been ineffectively done and challenges remained unchanged. Statistics showed that the government and the law enforcement agencies have failed to properly and timely investigate cases of violence against women and cases of murder. AIHRC attributed that insecurity, corruption, the increased culture of impunity, lack of rule of law, the spread of harmful custom and tradition in society, lack of awareness of people of the law and human rights, poverty and economic problems are among the factors of violence against women which have not been adequately and practically addressed by the government. AIHRC reported that Taliban also continued to commit killings and extra judicial and arbitrary punishment of women in the area of under their control. AIHRC recalled that under Resolution 1325 and the SDGs, the government has to accelerate the process of gender mainstreaming in the departments.
      Para 34) HRW noted that violence against women, including rape, murder, mutilation and assault is widespread, and the perpetrators are rarely brought to justice. In the 2014 UPR, the Afghanistan delegation accepted numerous recommendations on improving implementation of the 2009 Law on the Elimination of Violence Against Women (EVAW law), including the measures recommended to Afghanistan by the Committee on the Elimination of Discrimination against Women in July 2013. During the review, the Afghan delegation committed to implement the EVAW law, and that perpetrators of violence against women would be prosecuted and punished. However, HRW found that Afghan women seeking justice after facing violence continue to face formidable obstacles. Afghan authorities routinely turn victims away or pressure them to accept mediation. Mediation does not provide justice to female victims of serious crimes, offering victims only a promise from her abuser not to repeat the crime. In some case, mediators themselves inflict abuse, for example by ordering girls or women to be given as compensation for murder, forcing women and girls to marry men who raped them, or excusing murder in the name of “honor.” Afghan police and prosecutors continue to jail women and girls for on charges of “moral crimes” that include “running away” from home, and committing or attempting to commit sexual intercourse outside marriage “zina”, or having sex outside of marriage. Rape victims can be charged with “zina” and imprisoned. These girls and women are subjected to invasive vaginal and anal examinations performed by Afghan government doctors, sometimes repeatedly on the same girl or woman including young girls. Afghan officials claimed that the government had since banned the examinations, but officials have told HRW that the practice remained widespread, and many judges, prosecutors, and police officials told them that they routinely order “virginity tests.”
      Para 35) ODVV also noted that one of the most serious human rights violations in Afghanistan is violence against women, particularly girls. In 2017 there were 4340 cases of violence against 2286 women. This is while in the previous year there were approximately 2046 reported cases of violence against women. These figures indicate that not only violence against women in Afghanistan has not dropped, but the abuses have increased. There have also been report of 277 women being murdered, while only 40 of them have been prosecuted. This shows a weakness in enforcing the law, additionally, victims’ families’ were reluctant to file a complaint against perpetrators of crimes.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    18th session, February 2014
    Status:
    Reference Addressed
    Contents:
    ... HRW recommends that the government should ensure the enforcement of the EVAW law and should abolish the practice of prosecuting women for "moral crimes" [Para 16]
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    UN Compilation

    Issue:
    • Birth registration
    Type:
    Review Documentation
    Session:
    18th session, February 2014
    Status:
    Neglected
    Contents:
    CRC was concerned that the majority of children remained unregistered. It urged Afghanistan to ensure that all children, including children born out of wedlock, were registered at birth. [Para 54]
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Singapore

    Singapore
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    Commonwealth
    Issue:
    • Women's participation
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Persevere in... further empowering its womenfolk for greater participation in all sectors.
    Implementation
    • National Report:
      Para 44) The GIRoA has adopted various measures to continue the realization of women’s rights and gender equality during the past four years; below are some examples: • 65% female staff in the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSMD) up until 2013; • An increase in the recruitment rate of women from 2316 in 2010 to 2841 in 2013 in the Ministry of Public Health; • An increase in the recruitment rate of women from 78 in 2009 to 179 in 2013 in Judiciary; • Participation of 25% of women in the Ministry of Border and Tribal Affairs; • Convening of periodical workshops related to gender equality and women’s rights for 275 individuals in Ministry of Education.
      Para 52) Relevant ministries and government organizations carried out important tasks for the realization of the NAPWA and poverty reduction. The undertaken tasks are as follows: • Preparation of policy assisting women in private sector; • Preparation of policy aimed to solve the problems of Kochi (nomad) women; • Preparation of strategy on rights and economic security of women; … • Administration/management of 548 private sector companies by women; • Sending 38611 female personnel abroad for higher education and capacity building; • Establishment of loan cooperatives for women; • Establishment of 78 small and medium cooperatives for women.
      Para 113) The (NAPWA) has been prepared to create coordinated and systematic activities to improve the situation of women in six areas that include security and safety, protection of human rights of women, women leadership and political participation, economic and poverty, health and education. Majority of projects and programs have been implemented or are in the process of implementation through understanding and signing of protocols and agreements with government and non-government organizations. MoWA in this respect only has the role of monitoring and providing technical assistance in the implementation of projects. These projects have contributed considerably to the improvement of situation of women. The participation of women in all areas, including peace process, political and social participation in accordance with the Afghan Constitution has been ensured and women organizations are engaged under the auspices of government in different areas of political and social life.
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Sweden

    Sweden
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Gender equality
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Take all steps necessary to combat discrimination and violence against women, both in regards to legislation and awareness-raising to ensure that women are informed of their rights.
    Implementation
    • National Report:
      Para 8) The GIRoA has strived for inclusion of provisions of the conventions that it has ratified in its domestic laws. Provisions of the conventions were adopted in 10 legislations that were enacted within past years. ... Law on Elimination of Violence against Women, are the legislations which were passed and enforced in this period.
      Para 13) The draft of Shiite Personal Status Law was reviewed by Ministry of Women’s Affairs (MoWA) and 12 amendments were recommended based on Afghan Constitution to Ministry of Justice (MoJ) prior to its signing and the recommended amendments were considered and included in the this law.
      Para 14) The draft of Shiite Personal Status Law was reviewed by MoWA to ensure that it conforms to the international commitments of the Government.
      Para 36) The MoWA in cooperation with government institutions, civil society, national and international organizations tried to improve the political, social, cultural and economic status of women by drafting various laws, policies and procedures in various fields such as: Regulation on Support Centers, reaching to female victims or women exposed to danger, drafting Law on Social Support, public awareness through media, training workshops, providing legal consultations for victim women, providing recommendations for presidential decrees on pardoning and reducing imprisonment terms of prisoners and juvenile offenders and legal aid on submitting and following the cases.
      Para 57) The GIRoA has made efforts to promote human values, human rights and women’s rights among local tribes through participation in tribal councils. It has also promoted and institutionalized the concept related to women’s rights and human rights in the society through participating in mosques and religious institutions. The most important measure adopted in regard to raising public awareness about issues related to women’s rights and human rights has been through audio, video and written media. Hereby, the concepts related to human rights and women’s rights particularly regarding the legal age of marriage, prevention of forced marriages and violence against women and the right to education were broadcast by the judicial organs, MoWA, Ministry of Hajj and Religious Affairs and other relevant ministries.
      Para 60) The GIRoA has always considered issues related to forced marriages and honour killings because they are violent acts against women and are prosecutable. The Special Prosecution Office has been established to fight crimes of violence against women. With respect to honour killings, although criminal policy of Afghanistan may in some instances consider honour killings carried out under the motive of upholding honour as mitigating circumstances, this has never realized to be a means for the acquittal of perpetrators. This law prosecutes them.
      Para 63) In order to improve the situation of women, the GIRoA has approved two laws, namely the Law on Elimination of Violence against Women and the Shiite Personal Status Law during the past four years. The GIRoA acknowledges that although these laws have not fully improved the situation of women in the country, it believes that these laws have had relatively positive impacts. It has also drafted the Law on Social Support for the improvement of the situation of women and is awaiting approval of the parliament.
      Para 64) In relation to recommendation aimed to improve the situation for education of women, GIRoA remains determined to provide education to all citizens equally as stipulated in the Constitution and other enforced laws of the country which guarantee education to all citizens without any discrimination. The GIRoA also acknowledges that security concerns are the main obstacles to the realization of goals set by the GIRoA in this regard.
      Para 81) The GIRoA has tried to equally protect all its citizens against any kinds of violence, but has made more efforts for protecting the vulnerable groups such as women and girls. In this regard, the government has taken specific measures during the past four years which we would like to indicate some of them here:
      - The first step in this regard is approval of the Law on Elimination of Violence against Women. Most of the acts that were committed against women were not considered as crimes in the past laws, but based on this law it is considered a crime and legal actions are taken against its perpetrators.
      - In order to practically implement the Law on Elimination of Violence against Women, the government has recently established a Special Prosecution Office for countering the violence against women. Until today, the mentioned Office has recorded about 23318 cases, 13200 of which have been reviewed and processed and the rest are being reviewed now. The other step that was taken in relation to the implementation of Law on Elimination of Violence against Women was establishment of the Commission for Elimination of Violence against Women.
      Para 94) The GIRoA has tried to overcome the impunity culture towards ensuring the rule of law, as the government considers this a serious obstacle against the rule of law. In this regard, the government has adopted several measures. … Establishment of the prosecution office for fighting against the violence against women, the judicial reforms that have been made by the judiciary of Afghanistan in relation to the Law on Elimination of Violence against Women and investigation of the cases of violence against women by the Prosecution Office for Elimination of Violence against Women and the Afghan courts are the other examples of intensification of fighting against the impunity culture …
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    United Kingdom

    United Kingdom
    Regional group
    WEOG
    Political group
    EU
    Commonwealth
    Issue:
    • Violence against women / gender-based violence
    Type:
    Question
    Session:
    5th session, May 2009
    Status:
    Not Followed up with a Recommendation
    Contents:
    What steps is the Government taking to provide protection for women at risk of violence, in particular how many shelters are there for women at risk of violence and forced marriage, and what steps is Afghanistan taking to ensure that these female victims are able to re-integrate into society?
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    UN Compilation

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Not Followed up with a Recommendation
    Contents:
    The Committee against Torture urged Afghanistan to increase the presence of women among the staff of the police and the judiciary, ... [Para 50]
  • State Under Review:

    Afghanistan

    Afghanistan
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Source Of Reference:

    Stakeholder Summary

    Issue:
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Reference Addressed
    Contents:
    ODVV recommended to guarantee the right to education and allocate an inclusive budget for education for all its citizens, equally and without discrimination based on gender … [Para 34]

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