Displaying 51 - 75 of 58126 recommendations found
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents: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.ImplementationNational 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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:GermanyGermanyRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents: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.ImplementationNational 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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Finalize and implement a National Action Plan on Women, Peace and Security.ImplementationNational 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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:National higher education strategy of afghanistan: This strategy was adopted for 2007-2013, on the basis of which one hundred thousand students, 30 per cent of them girls, will be enrolled in the universities. The universities should also meet required quality standards of higher education. This strategy provides grounds for the increase in the attendance of girls to universities and the inclusion of human rights subjects in the curricula of faculties in order to promote the human rights culture in the higher education system of Afghanistan. [Para 48] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Maternal health / morbidity / mortality
- Sexually transmitted infections
- HIV and AIDS
Type:Review DocumentationSession:31st Session, November 2018Status:N/AContents:Expansion of healthcare centers and healthcare services in Kabul and provinces. The followings are some important examples which are being implemented across the country: … • To prevent young people contracting by AIDS, a national program for control of AIDS has been conducted. 7100 school students and 3126 university students have been trained on the hazards and risks of addiction and sexual transmitted diseases in 2016. ... Hospitals or Department for gynecology and obstetrics in Parwan, Balkh and Panshir have been established. Also 15000 health councils for men and women, responsible to create awareness among the people who are living in rural areas have been established. [Para 82]
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:PolandPolandRegional groupEEGPolitical groupEUIssue:
- "Honour crimes"
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:Unclear ResponseContents:Repeal article 398 of the Afghan Penal Code with a view to ensuring full accountability for the perpetrators of so-called honour killings.ExplanationThe 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.ImplementationNational 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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Sexual abuse
Type:Review DocumentationSession:31st Session, November 2018Status:Reference AddressedContents:AIHRC’s national inquiry in 2017, showed 13 percent of children have been sexually assaulted, [Para 11]
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:Review DocumentationSession:18th session, February 2014Status:Reference AddressedContents:... 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:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:SwitzerlandSwitzerlandRegional groupWEOGPolitical groupOIFIssue:
- Women's participation
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Prioritize the implementation of Afghanistan’s National Plan of Action on Women, Peace and Security, in particular by ensuring broad participation of civil society, especially women, at all stages of a peace process.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Birth registration
Type:Review DocumentationSession:18th session, February 2014Status:NeglectedContents: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:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:SlovakiaSlovakiaRegional groupEEGPolitical groupEUIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Exercise fair treatment of women and girls before the law and effective enforcement of the Elimination of Violence against Women Law.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
- Human rights defenders
Type:Review DocumentationSession:5th session, May 2009Status:Reference AddressedContents:HRDs working in the area of women's rights and transitional justice as well as independent journalists face particular risks as a result of their work. [Para 16] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- Women's and / or girls' rights
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Continue efforts to promote economic, social and cultural rights of the people, in particular vulnerable social groups, such as women, children, persons with disabilities, refugees, returnees and IDPs who have suffered a lot from the internal wars.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:United StatesUnited StatesRegional groupWEOGPolitical groupOASIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Ensure the full implementation of the Elimination of Violence Against Women Law and the 2018 Penal Code’s provisions related to violence against women and girls.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IraqIraqRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Develop special programs to reduce violence against women.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:AlgeriaAlgeriaRegional groupAfrica GroupPolitical groupAUOICALIssue:
- Domestic violence
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Take extra measures to prevent and combat domestic violence, and the care of abandoned children.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:ItalyItalyRegional groupWEOGPolitical groupEUIssue:
- Early marriage
- Forced marriage
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Intensify efforts to prevent and combat child, early and forced marriage and take appropriate measures to fight all forms of violence against children and to promote their rights, including the right to education.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:TunisiaTunisiaRegional groupAfrica GroupPolitical groupAUOICALOIFIssue:
- Women's and / or girls' rights
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Persevere in its praiseworthy efforts to promote women's rights, continue to attach high levels of importance to the human rights culture and pursue its dissemination among young generations within the framework of educational programmes.ImplementationNational Report:
Para 56) A number of serious and practical actions were taken in the direction of law enforcement and protection of women’s rights during the past four years. For example the establishment of Special Prosecution Office for Elimination of Violence against Women is one of important practical measures. The establishment of Human Rights Protection Unit of the MoJ as an inter-ministerial mechanism and establishment of human rights units in some other ministries and establishment of gender units in 22 ministries with the financial and technical support of the international community, extended efforts in establishment of infrastructure for the improvement of human rights situation in the country, preparation of NAPWA pursuant to UN Security Council Resolution 1325 are also a number of effectives measures that were adopted by the GIRoA. The MoFA has taken positive steps for improvement of human rights and the establishment of infrastructure.
Para 59) The GIRoA has tried to promote culture of women's rights and human rights among the young generation through different government institutions within the framework of training programs during the past four years. The government has tried to support this goal through holding courses and training workshops regarding women's rights and human rights in different government institutions, particularly judicial organs, Ministry of Women's Affairs, Ministry of Education, Minisrty of Labour, Social Affair, Martyred, and Disabled, and other organizations under the government structure. The holding of training courses on women's rights, human rights and principles of a fair trial has been the main issues in the judicial organs. Other miscellaneous workshops have also been conducted in this regard by other relevant ministries. Preparation of NAPWA, inclusion in police curriculum and police academy of human rights subjects and advertising campaigns in girls' schools by police are part of this program. The existence of a ten year NAPWA, priority programs by the MoWA, holding of anti-violence campaigns against women, conducting of global conferences of religious leaders to promote the culture human rights are all the efforts made by this ministry towards ensuring women's rights.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:SpainSpainRegional groupWEOGPolitical groupEUOEIIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Eradicate violence against women.ImplementationNational 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 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 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 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 …
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IranIranRegional groupAsia-Pacific GroupPolitical groupOICIssue:
- Women's and / or girls' rights
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Take necessary measures to implement a national public awareness campaign on human rights, especially women and childrens rights.ImplementationNational Report:
Para 37) … MoJ has conducted 95 trainings for 2,164 individuals (1,612 men and 552 women) since 2013. It has also conducted training through its Legal Aid Department in different provinces on women and children rights. … The MoHRA organized workshops for religious scholars on the social status of women, their right to education, right to choose their husband, violence against women and children rights. Furthermore, MoHRA printed 2,214 books in 2017–2018 about women rights in Islam and 2,000 books about “bad customary practices”. They are also publishing monthly brochure on human rights topics.
Para 38) The national radio and television as long reach medium of communication promote human rights for all citizens, particularly in rural areas. Programs and short awareness videos are being broadcasted in the field of human rights, reduction of violence against women, elections, and women rights in Islam.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:SwedenSwedenRegional groupWEOGPolitical groupEUIssue:
- Gender equality
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Take initiatives to improve recruitment and retention of female police officers. -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:ChileChileRegional groupGRULACPolitical groupOASOEIIssue:
- Gender equality
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Ensure the inclusion of provisions relating to equality between men and women in the Constitution and the legislative system, and continue to pursue the implementation of effective measures to combat gender inequality.ImplementationNational Report:
Para 112) The MoWA continues its efforts to place gender equality and women’s empowerment in all national documents to reflect women’s requirements. Therefore, in addition to the National Action Plan for Women, it has drafted for the first time a five-year strategic plan for the period 2018–2022. It highlights the priorities of the Ministry and predicts the required resources and facilities. 2,228 Women received assistance from the MoWA for small businesses.
Para 113) The creation of the Women Chamber of Commerce improves women’s access to markets.
Para 114) MoIC established a department for women’s entrepreneurship and drafted a 5-year Plan from 2018–2022 for the empowerment of women entrepreneurs in the private sector. To improve women’s empowerment, MoIC supports special exhibitions for women inside and outside Afghanistan, where women can exhibit their products. Furthermore, MoIC supports conferences In Kabul and several provinces on development and improvement of women’s private entrepreneurship, where women can address and discuss problems and challenges they face to find a solution. MoIC designed a 5-year project, dealing with import and export of women products, enhancing the quality and design of Afghan products, and branding (made by Afghan Women). It is planned that 5,600 women shall receive support during this 5-years period. To support women in trade, small grant are being given to women to start their businesses or they are being given land in industrial parks. Furthermore, they are being provided support in access to raw material and benefit from a tax reduction.
Para 115) MRRD shall ensure social, economic, and political welfare of rural society, especially poor and vulnerable people, through the provision of basic services, strengthening local governance, and promoting sustainable livelihoods. It created the Afghanistan Rural Enterprise Development Program for economic empowerment of women.
Para 116) More than 760 private companies are being led by women, 400 women merchants are working on an international level.
Para 120). The Independent Administrative Reform and Civil Service Commission (IARCSC) has implemented a policy aiming to increase the number of women by 2%. They furthermore have conducted awareness raising activities for female college students. It has furthermore created a CV pool of women eligible to apply for civil service positions to ensure equity in the Government. The gender representatives of Ministries and Independent Institutions are present during recruitment processes and in order to increase the ratio of women’s recruitment, a 5% extra mark is considered for female applicants in accordance with the recruitment manual.
Para 121) Women’s representation in different areas:
• National Assembly 27%.
• Provincial Councils 20,9%.
• Cabinet 15%.
• Decision Making levels of the Government 10%.
• Health Sector 33%.
• Private Sector 21,7%.
• Government Agencies 26%.
• Judiciary 12%.
• Security Sector 1%.
• Decision Making levels of private sector 9,8%.
• Private Sector 21,7%.
• Economic Sector 6 %.
• The percentage of women at the AGO increased from 15 % 2017 to 23 % in 2018. It has 10 women directors. The AGO offered an internship for 241 women. 153 of them got a job at the AGO.
• The women percentage at the Supreme Court is 23 %.
• The 2016 Elections Law has taken into consideration the 25% women’s quota in the district councils and stipulates that “At least 25% of the seats should be dedicated to women candidates in each district council”.
UN Compilation:
Para 31) OHCHR/UNAMA noted that the Government had been making efforts to build a representative political system and national institutions by increasing the representation of ethnic communities and women, particularly through the parliamentary elections. Despite those efforts, women remained underrepresented in the political sphere at the national, provincial and district levels, and their representation in the institutions of governance remained low. Moreover, women’s meaningful participation in decision-making processes required serious attention.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:CroatiaCroatiaRegional groupEEGPolitical groupEUIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Ensure the full implementation of the Elimination of Violence against Women law and hold accountable police and prosecution supervisors who are not ensuring the enforcement of the law.ImplementationNational 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:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:TurkeyTurkeyRegional groupWEOGPolitical groupOICIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Take further steps on effectively implementing the Law on Elimination of Violence against Women.ImplementationNational 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:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:Commission for the Elimination of Violence against Women: This Commission was established in 2005 to address violation against women within the five year strategic working plan of the Ministry of Women's Affairs. [Para 28]