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 26 - 50 of 42036 recommendations found
  • 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:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Continue to take all possible measures to improve access to quality education without gender discrimination.
    Implementation
    National Report:
    Para 84) The MoE has developed its third National Education Strategic Plan (2017–2021) with its main goals: (1) Provision of pre-school education (50% of which is for girls), Provision of local educational classes and accelerated education for children left out of school (50% of which is for girls) (2) Increasing the ratio of girls’ admission to technical and vocational institutions from 17% in 2015 to 26% by 2021 (3) Conducting on job trainings for newly recruited female teachers as well as provision of literacy courses for women and raising it from 60% to 100% by 2021 (4) Increasing the number of female literacy students from 53% in 2015 to 60% by 2021 and provision of emergency educational programs for children of IDPs and Repatriates. (50% of which is for girls) (5) Launching awareness raising programs on the importance of education for girls, provision of financial incentives and stipends for female teachers during on-job trainings (6) Provision of pre-work courses for female students and provision of Master’s degree education for the instructors of teacher training institutions that include women (7) Provision of health services in the schools for both male and female and provision of literacy classes across the country aimed at increasing the rate of female admission in the literacy courses from 53% to 60% by 2021 (8). Increasing percentage of female teachers in Schools to 34%.
    Para 86) The official statistics of the MoE states, the number of school students in Afghanistan, including private and public schools, reached 9,234,459 persons, of which 5,703,160 are boys and 3,531,299 are girls.
    Para 87) A national policy for girl education has been drafted by the MoE. This policy focuses on delivering quality education and awareness campaigns among the public.
    Para 88) The MoHE implemented a Strategy and Regulation which deals with women education in particular. Through these documents, women quota has been introduced, which is that 24% of all university students are girls in 2017.
    Para 92) 3,000 female teachers have been sent out to remote areas to educate girls. The MoE special educational program named IQRA, enhances access to education and ensures the quality of education in 17 remote provinces, which are classified as low-level education areas for children, particularly girls.

    UN Compilation:
    Para 38) … In addition to barriers to education arising from insecurity, throughout 2015, anti-government elements had deliberately restricted women and girls’ access to education, which included the closure of girls’ schools and complete bans on education for women and girls.
    Para 40) UNESCO noted that despite the Government’s efforts, girls and women faced serious challenges in accessing and completing their education, with education being more a privilege than a right. Members of Taliban groups had also openly declared their opposition to the education of girls and had used violent attacks against girls, their families and teachers. Early marriages often had a direct and adverse impact on girls’ education, compromising their education opportunities and resulting in higher dropout rates.

    Stakeholder Summary:
    Para 33) ODVV noted that one of the outcomes of the spread of war and conflict is the restriction of the right to education. As a result of increased insecurity, hundreds of schools have closed and many children that include two-thirds of girls have been deprived of education. In spite of improvement in access to education, in some areas, security concerns and social traditions are still major obstacles in the way of girls’ access to education. In parts of the country where children can attend school, there are not enough available facilities. Altogether 41 percent of schools do not have a building. And the distance between where many of these children live from school is so long that they are not able to attend classes in schools. The lack of standard schools and the long distance alongside cultural issues and insecurity have great impacts on the deprivation of girls from education.
    Para 36) HRW noted that the number of girls in school is falling due not only to insecurity, but to discriminatory practices, lack of female teachers, and schools that lack boundary walls and toilets. In the second UPR cycle, eight recommendations urged the Afghan government to ensure equal access to education for women and girls. Girls currently represented about 40 percent of the nearly 9 million children attending school in Afghanistan. By 2018, those percentages have fallen, and the situation for girls’ education is getting worse. For the first time since 2002 the number of Afghan children studying is falling. HRW report found that while deteriorating security is a significant barrier to girls’ education, girls were at increasing risk of missing school due to discrimination against girls within the school system, child marriage, lack of female teachers; and lack of facilities including boundary walls and toilets. The Afghan government has 5,260 boys’ schools but only 2,531 girls’ schools, and 60 percent of Afghan government schools have no toilets, which deters girls, especially those who have begun menstruation, from attending school.
  • State Under Review:

    Afghanistan

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

    Belgium

    Belgium
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Set up measures to facilitate and accelerate the implementation of the law on the elimination of violence against women.
    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:

    Philippines

    Philippines
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Step up efforts to effectively implement the Elimination of Violence against Women law and the programs outlined in the National Action Plan for Afghan Women.
    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:

    Uruguay

    Uruguay
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Increase all kinds of measures to effectively combat impunity regarding acts of violence against women, as well as to prevent, investigate, prosecute and sanction the acts of violence perpetrated against women by State agents and other persons.
    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:

    France

    France
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Rejected
    Contents:
    Put an end to the practice of criminal prosecutions for moral crimes against women who have fled their home.
    Implementation
    UN Compilation:
    Para 26) The Committee against Torture was seriously concerned by the sentences still imposed by jirga courts and other parallel judicial mechanisms on the Afghan population, in particular on women, notably for “moral crimes”, including the death sentence and corporal punishment.
  • 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:
    18th session, February 2014
    Status:
    Neglected
    Contents:
    CEDAW urged Afghanistan to ensure the sustainability of the Ministry of Women's Affairs by providing it with sufficient resources to fulfill its gender equality and women's rights mandate ... [Para 13]
  • State Under Review:

    Afghanistan

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

    Stakeholder Summary

    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    Type:
    Review Documentation
    Session:
    18th session, February 2014
    Status:
    Reference Addressed
    Contents:
    According to CRAF, early marriage still constitutes a severe problem with severe consequences for girls' health and education. The government has to take measures to prevent child marriages. [Para 50]
  • State Under Review:

    Afghanistan

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

    National Report

    Issue:
    • Maternal health / morbidity / mortality
    • Other
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    N/A
    Contents:
    Protection to families applies to all members of the family and is an issue of interest for the GoA. Article 54 of the Constitution regards and protects family as the cornerstone of the society. As per the provisions of this article, the State needs to take firm steps to provide for physical and mental wellbeing of the families particularly for the mother and child health. [Para 77]
  • State Under Review:

    Afghanistan

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

    UN Compilation

    Issue:
    • Gender equality
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    Reference Addressed
    Contents:
    In 2005, the Special Rapporteur on violence against women made recommendations with respect to, inter alia, reviewing of family and criminal law; ... and the elimination of violence against women. [Para 60]
  • State Under Review:

    Afghanistan

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

    Stakeholder Summary

    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    Reference Addressed
    Contents:
    The International Center for Human Rights and Democratic Development (Rights and Democracy) noted that women seeking justice through the official system are also facing problems. There is still persistent prejudice against women who choose to consult lawyers rather than resort to traditional customs. In some regions, security remains an aggravating factor that prevents women from joining the very institutions established to assist them. Access to justice is limited for Afghan women. Rights and Democracy further noted that judges also have a biased attitude toward women seeking justice through the formal justice system. [Para 7]
  • State Under Review:

    Afghanistan

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

    Stakeholder Summary

    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    Reference Addressed
    Contents:
    The legal age of marriage for girls is 16 or 15 with the consent of her father or competent court. However, because of customary practices, approximately 57 per cent of girls marry before the age of 16. [Para 27]
  • State Under Review:

    Afghanistan

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

    Stakeholder Summary

    Issue:
    • Maternal health / morbidity / mortality
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    Neglected
    Contents:
    Quality mother and child health care (MCH) is mostly unavailable; resulting in still high maternal and child mortality rate. [Para 34]
  • 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:
    Reference Addressed
    Contents:
    UNESCO … recommended adopting specific measures to address literacy and access to education for all in a safe environment, with particular focus on girls and women, … [Para 39]
  • State Under Review:

    Afghanistan

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

    Stakeholder Summary

    Issue:
    • Early marriage
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Reference Addressed
    Contents:
    HRW recommended Afghanistan to promptly implement the National Action Plan to end child marriage. [Para 37]
  • State Under Review:

    Afghanistan

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

    Iceland

    Iceland
    Regional group
    WEOG
    Issue:
    • Women's participation
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Ensure the active participation of women in the peace process.
  • State Under Review:

    Afghanistan

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

    Finland

    Finland
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Promote a public discussion on women's rights and encourage influential men- whether elders, clerics, politicians or others to participate in this discussion and raise awareness, especially amongst boys, of the importance of seeing women and girls as equal and respected partners in society.
    Implementation
    National Report:
    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.
  • State Under Review:

    Afghanistan

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

    Netherlands

    Netherlands
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Strengthen the position and the number of women in the security sector and to implement awareness campaigns on human rights, especially with regard to women’s access to justice.
  • 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
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Unclear Response
    Contents:
    Amend the Shia Personal Status Law consistent with its international human rights obligations to ensure equal respect for the human rights of all Afghans, including women.
    Explanation
    The Shia Personal Status Law has been reviewed in the light of the Afghan Constitution and in the view of the international community's concern and has been adjusted in accordance with Afghanistan's obligations towards international human rights conventions. However, if it is found during the implementation that there are some inconsistencies with our national and international commitments, we can use the tool of amendment.
    Implementation
    National Report:
    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 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.
  • State Under Review:

    Afghanistan

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

    Tunisia

    Tunisia
    Regional group
    Africa Group
    Political group
    AU
    OIC
    AL
    OIF
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Continue its efforts towards achieving equal opportunities in the right to education particularly for women and girls.

  • State Under Review:

    Afghanistan

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

    Thailand

    Thailand
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    Issue:
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    • Empowerment of women
    • Women's participation
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Further promote the empowerment of women and the protection of their rights, through the effective enforcement of the Penal Code and the Elimination of Violence against Women Law, the prosecution of perpetrators of violence against women and the further promotion of women’s participation in peace process and all spheres of society.
  • 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:
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Strengthen efforts aimed at eliminating discrimination and violence against women.
  • State Under Review:

    Afghanistan

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

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • Empowerment of women
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Allocate sufficient economic and human resources for coordination of departments involved in human rights, in particular those which are responsible for safeguarding the empowerment of women in the Afghan society.
  • 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:
    Question
    Session:
    32nd Session, January 2019
    Status:
    N/A
    Contents:
    How is the Supreme Court ruling on the decriminalization of girls and women “running away” being implemented?
  • State Under Review:

    Afghanistan

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

    Azerbaijan

    Azerbaijan
    Regional group
    EEG
    Political group
    OIC
    CIS
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Continue its measures in laws and other pieces of legislation concerning the promotion of equity, the situation of women and their education opportunities.
    Implementation
    National Report:
    Para 84) The MoE has developed its third National Education Strategic Plan (2017–2021) with its main goals: (1) Provision of pre-school education (50% of which is for girls), Provision of local educational classes and accelerated education for children left out of school (50% of which is for girls) (2) Increasing the ratio of girls’ admission to technical and vocational institutions from 17% in 2015 to 26% by 2021 (3) Conducting on job trainings for newly recruited female teachers as well as provision of literacy courses for women and raising it from 60% to 100% by 2021 (4) Increasing the number of female literacy students from 53% in 2015 to 60% by 2021 and provision of emergency educational programs for children of IDPs and Repatriates. (50% of which is for girls) (5) Launching awareness raising programs on the importance of education for girls, provision of financial incentives and stipends for female teachers during on-job trainings (6) Provision of pre-work courses for female students and provision of Master’s degree education for the instructors of teacher training institutions that include women (7) Provision of health services in the schools for both male and female and provision of literacy classes across the country aimed at increasing the rate of female admission in the literacy courses from 53% to 60% by 2021 (8). Increasing percentage of female teachers in Schools to 34%.
    Para 86) The official statistics of the MoE states, the number of school students in Afghanistan, including private and public schools, reached 9,234,459 persons, of which 5,703,160 are boys and 3,531,299 are girls.
    Para 87) A national policy for girl education has been drafted by the MoE. This policy focuses on delivering quality education and awareness campaigns among the public.
    Para 88) The MoHE implemented a Strategy and Regulation which deals with women education in particular. Through these documents, women quota has been introduced, which is that 24% of all university students are girls in 2017.
    Para 92) 3,000 female teachers have been sent out to remote areas to educate girls. The MoE special educational program named IQRA, enhances access to education and ensures the quality of education in 17 remote provinces, which are classified as low-level education areas for children, particularly girls.

    UN Compilation:
    Para 38) … In addition to barriers to education arising from insecurity, throughout 2015, anti-government elements had deliberately restricted women and girls’ access to education, which included the closure of girls’ schools and complete bans on education for women and girls.
    Para 40) UNESCO noted that despite the Government’s efforts, girls and women faced serious challenges in accessing and completing their education, with education being more a privilege than a right. Members of Taliban groups had also openly declared their opposition to the education of girls and had used violent attacks against girls, their families and teachers. Early marriages often had a direct and adverse impact on girls’ education, compromising their education opportunities and resulting in higher dropout rates.

    Stakeholder Summary:
    Para 33) ODVV noted that one of the outcomes of the spread of war and conflict is the restriction of the right to education. As a result of increased insecurity, hundreds of schools have closed and many children that include two-thirds of girls have been deprived of education. In spite of improvement in access to education, in some areas, security concerns and social traditions are still major obstacles in the way of girls’ access to education. In parts of the country where children can attend school, there are not enough available facilities. Altogether 41 percent of schools do not have a building. And the distance between where many of these children live from school is so long that they are not able to attend classes in schools. The lack of standard schools and the long distance alongside cultural issues and insecurity have great impacts on the deprivation of girls from education.
    Para 36) HRW noted that the number of girls in school is falling due not only to insecurity, but to discriminatory practices, lack of female teachers, and schools that lack boundary walls and toilets. In the second UPR cycle, eight recommendations urged the Afghan government to ensure equal access to education for women and girls. Girls currently represented about 40 percent of the nearly 9 million children attending school in Afghanistan. By 2018, those percentages have fallen, and the situation for girls’ education is getting worse. For the first time since 2002 the number of Afghan children studying is falling. HRW report found that while deteriorating security is a significant barrier to girls’ education, girls were at increasing risk of missing school due to discrimination against girls within the school system, child marriage, lack of female teachers; and lack of facilities including boundary walls and toilets. The Afghan government has 5,260 boys’ schools but only 2,531 girls’ schools, and 60 percent of Afghan government schools have no toilets, which deters girls, especially those who have begun menstruation, from attending school.
  • State Under Review:

    Afghanistan

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

    Belgium

    Belgium
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Implement the Security Council resolutions on Women, Peace and Security, in particular by supporting the participation of women in peace negotiations and ensuring the necessary framework to increase the participation of women in political and judicial life and within security institutions of the country, taking into account their security as well as their personal dignity.
    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.