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 151 - 175 of 42036 recommendations found
  • State Under Review:

    Afghanistan

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

    Denmark

    Denmark
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Early marriage
    • Forced marriage
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Ensure that forced and early marriages of girls are prohibited, those responsible prosecuted and punished and the victims rehabilitated.
  • State Under Review:

    Afghanistan

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

    Outcome Report

    Issue:
    • Violence against women / gender-based violence
    Type:
    Comment
    Session:
    32nd Session, January 2019
    Status:
    N/A
    Contents:
    Afghanistan Independent Human Rights Commission (by video message) ...was concerned with violence against women. ... [Para 468]
  • State Under Review:

    Afghanistan

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

    Brazil

    Brazil
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Continue its measures to address all forms of violence against women and girls.
    Implementation
    National Report:
    Para 8) The GIRoA has strived for inclusion of provisions of the conventions that it has ratified in its domestic laws. Provisions of the conventions were adopted in 10 legislations that were enacted within past years. ... Law on Elimination of Violence against Women, are the legislations which were passed and enforced in this period.
    Para 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 …
  • State Under Review:

    Afghanistan

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

    National Report

    Issue:
    • Gender equality
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    N/A
    Contents:
    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:

    Afghanistan

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

    National Report

    Issue:
    • Gender equality
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    N/A
    Contents:
    Current human rights challenges in Afghanistan can be summarized as following: ... 2. Lack of full implementation of compulsory education especially for girls; ... 12. Exercise of violence against women and children; ... 18. Lack of women jails according to international standards and poor condition of children born in jail; ... 22. Lack of access to defense lawyers especially female advocates; ... 26. Failure to implement the 10 year Action Plan for women due to security problems, existence of unhelpful social customs, and discrimination against women; ... [Para 89]
  • State Under Review:

    Afghanistan

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

    Stakeholder Summary

    Issue:
    • Women's and / or girls' rights
    • Human rights defenders
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    Reference Addressed
    Contents:
    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:

    Afghanistan

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

    Palestine

    Palestine
    Regional group
    Observer
    Political group
    OIC
    AL
    Issue:
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Continue its efforts in establishing and providing public services through social security, especially for women and children.
    Implementation
    National Report:
    Para 78) The GoIRA is fully committed to provide better health service for its citizens, in particular women, children and other vulnerable groups. Article 52 of the Constitution says: “The state shall provide free preventative healthcare for all citizens” It also has developed a National Health Strategy for 2016-2020. To strengthen and develop effective and sustainable practices of the health system for better access to quality healthcare services for all citizens.

    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:

    Djibouti

    Djibouti
    Regional group
    Africa Group
    Political group
    AU
    OIC
    AL
    OIF
    Issue:
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Protect the rights of women by ensuring their participation in political life and in all the peace and reconciliation processes as well as equal opportunities in the area of education and employment.
    Implementation
    National 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 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.
    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.
    UN Compilation:
    Para 48) OHCHR/UNAMA noted that despite some progress, the number of women in positions of decision-making remained low. On 2 July 2017, five new female members had been nominated to the High Peace Council. The 480 members of the High Peace Council and the provincial peace councils included 65 women. However, only one of the seven sections of the Joint Secretariat of the Council was led by a woman.
  • State Under Review:

    Afghanistan

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

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    In the light of the current reform of the Criminal Code and the Code on Criminal Proceedings, do not include any discriminatory provisions against women.
  • 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:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Ensure the full application of the Elimination of Violence against Women Law.
    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:

    Romania

    Romania
    Regional group
    EEG
    Political group
    EU
    OIF
    Issue:
    • Domestic violence
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Effectively implement the legislation aimed at ensuring the realization of the rights of women and children, especially the legislation on combating domestic violence.
    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:

    Thailand

    Thailand
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    Issue:
    • Marginalized groups of women
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Consider incorporating the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measure for Women Offenders, otherwise known as the "Bangkok Rules", as a part of its programme to enhance the conditions of women detainees in prison.
    Implementation
    National Report:
    Para 64) The Department of Human Rights, Women Affairs and Children at MoI is responsible for monitoring the situation at prisons, including female detention centers. The MoI is under legal obligation to monitor and report the situation of mistreatment and torture at detention centers. Based on this monitoring procedure, 9 police officers were punished in Nimroz and Herat in 2017.

    UN Compilation:
    Para 19) [The Committee against Torture] was particularly concerned by the situation of women in prisons…
  • State Under Review:

    Afghanistan

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

    New Zealand

    New Zealand
    Regional group
    WEOG
    Political group
    PIF
    Commonwealth
    Issue:
    • Maternal health / morbidity / mortality
    • Women's participation
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Include women in decision-making about maternal health, including in decisions on the design of local health care mechanisms, in a bid to strengthen its efforts to reduce maternal mortality.
    Implementation
    National Report:
    Para 27) Based on provisions of article (52) of the Constitution and article (2) of Public Health Law of The Islamic Republic of Afghanistan, the Government duty bound to provide free health services for all Afghan citizens without any discrimination. Therefore, the Government of Afghanistan has performed in two areas in order to improve and increase public access to food and fair health services:
    (a) Policies and Strategies: in respect to health services, various policies and strategies have been developed based on which significant measures were taken and a number of goals and activities are to be accomplished in the future. The most important examples are: development of public health vision titled as "Heath for All Afghans" for 2012-2020; preparation of five-year implementation health program or (System Enhancement for Health Action in Transition) for 2013-2018; drafting Health and Human Rights Strategy and Gender Strategy; Policy on Funding Health in Afghanistan for 2012- 2020; development of five-year strategic plan of Ministry of Public Health; guidelines on protection of patients while performing dialyze according to international standards.
    (b) Practical Measures: health services were provided in two packages, basic health service and hospital health services, such as: establishment of consultation centers; establishment of national influenza center and its official recognition by World Health Organization; development of online information and consultation system for the youth; establishment of family support centers for treatment of victims of gender-based violence; research on maternal mortality; identification of impediments related to gender; nutrition survey to identify malnutrition of children below 5 years; establishment of midwifery schools to have access to health services in remote areas; establishment of nursing schools for 2 years; establishment of treatment centers of serious cases of malnutrition across the country and local treatment centers of addicts; establishment of mobile clinics to provide health services for nomads.
  • State Under Review:

    Afghanistan

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

    Slovenia

    Slovenia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Sexual violence
    • "Adultery"
    Type:
    Question
    Session:
    18th session, February 2014
    Status:
    Not Followed up with a Recommendation
    Contents:
    Regarding the recommendations of several UN actors on violence against women we would like to inquire about the plans to ... clearly define the crime of rape and separate it from the offence of zina ["adultery"].
  • State Under Review:

    Afghanistan

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

    UN Compilation

    Issue:
    • "Honour crimes"
    • Violence against women / gender-based violence
    Type:
    Review Documentation
    Session:
    18th session, February 2014
    Status:
    Reference Addressed
    Contents:
    ... The Special Rapporteur [on extrajudicial, summary or arbitrary executions] further noted that women's rights activists had critized the law for failing to criminalize honour crimes and for not defining crimes clearly. He urged the Government to take all necessary steps to repeal article 398 of the Penal Code reducing punishment for killings perpetrated in the name of "honour" and to ensure that no law within Afghanistan was contrary to international law and human rights standards. [Para 36]
  • State Under Review:

    Afghanistan

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

    Algeria

    Algeria
    Regional group
    Africa Group
    Political group
    AU
    OIC
    AL
    Issue:
    • Gender equality
    • Women's participation
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Give priority to achieving the objectives set by its national development strategy and in particular its commitment to ensure that women take, at minimum, 35 per cent of places in professional training programmes and 20 per cent of vacant post.
  • State Under Review:

    Afghanistan

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

    Outcome Report

    Issue:
    • Criminal laws on same-sex sexual practices
    • Rights of same-sex desiring persons
    Type:
    Comment
    Session:
    5th session, May 2009
    Status:
    N/A
    Contents:
    Regret that Afghanistan had rejected recommendations to either abolish or reinstate a moratorium on the death penalty. Noted the laws criminalizing same-sex relations between consenting adults and the sharia law providing for the death penalty for consenting homosexual sex. Called on the Government to repeal these laws in accordance with Afghanistan's international human rights obligations.
  • State Under Review:

    Afghanistan

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

    UN Compilation

    Issue:
    • Violence against women / gender-based violence
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Reference Addressed
    Contents:
    The Secretary-General of the United Nations ... encouraged the full implementation of the national strategy and action plan on the elimination of violence against women. [Para 44]
  • State Under Review:

    Afghanistan

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

    Stakeholder Summary

    Issue:
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Not Followed up with a Recommendation
    Contents:
    HRW recommended to ... enforce the Supreme Court ruling decriminalizing “running away” and discipline police, prosecutors and judges who continue to prosecute and imprison girls and women on such grounds. [Para 34]
  • State Under Review:

    Afghanistan

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

    Indonesia

    Indonesia
    Regional group
    Asia-Pacific Group
    Political group
    ASEAN
    OIC
    Issue:
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Strengthen efforts to address violence against women, provide greater access to justice to women and increase women’s participation in peace-making process.
  • State Under Review:

    Afghanistan

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

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Redouble its advocacy efforts to enhance public awareness on gender equality and women's role in social and economic development.
    Implementation
    National Report:
    Para 44) The GIRoA has adopted various measures to continue the realization of women's rights and gender equality during the past four years; below are some examples:
    - 65% female staff in the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSMD) up until 2013;
    - An increase in the recruitment rate of women from 2316 in 2010 to 2841 in 2013 in the Ministry of Public Health;
    - An increase in the recruitment rate of women from 78 in 2009 to 179 in 2013 in Judiciary;
    - Participation of 25% of women in the Ministry of Border and Tribal Affairs;
    - Convening of periodical workshops related to gender equality and women's rights for 275 individuals in Ministry of Education.
    Para 52) Relevant ministries and government organizations carried out important tasks for the realization of the NAPWA and poverty reduction. The undertaken tasks are as follows:
    - Preparation of policy assisting women in private sector;
    - Preparation of policy aimed to solve the problems of Kochi (nomad) women;
    - Preparation of strategy on rights and economic security of women;
    - Preparation of national work policy assisting disabled and displaced people;
    - Administration/management of 548 private sector companies by women;
    - Sending 38611 female personnel abroad for higher education and capacity building;
    - Establishment of loan cooperatives for women;
    - Establishment of 78 small and medium cooperatives for women.
    Para 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:

    Uruguay

    Uruguay
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Increase efforts to effectively combat impunity related to acts of violence against women, as well as prevent, investigate, prosecute and punish acts of discrimination perpetrated against women.
  • State Under Review:

    Afghanistan

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

    Mexico

    Mexico
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    ACS
    Issue:
    • Gender equality
    • Women's participation
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Intensify its efforts for the promotion of gender equality consistent with obligations under CEDAW, including through the review and elimination of laws, customs and practices that lead to discrimination against women and girls, making available effective legal remedies for the victims of discrimination and violence, and actively promoting the participation of women and girls in different fields such as education, labour and political life.
    Implementation
    National Report:
    Para 11) The GIRoA, within the past four years has taken various legal actions, the purpose of which were respecting and observing women’s rights and preventing all types of discriminatory acts against women. One of such measures is reviewing the following enforced laws for the purpose of observing women’s rights:
    Laws, regulations and strategies including the Civil Code, Penal Code, Shiite Personal Status Law, Education Law, Public Health Law, Law on Elimination of Violence against Women, Law on Abduction and Human Trafficking, Law on Rights and Privileges of the Person with Disability, Interim Criminal Procedure Code, Citizenship Law, Law on Registration of Social Organizations Document, Electoral Law, Public Media Law, Regulation on Supporting and Promoting Breastfeeding, Law on Prisons and Detention Centers, Regulation on Prisons and Detention Centers, Law on Political Parties, Law on Strikes and Demonstrations, Pension Regulation for Arrangement of Pension Rights, Regulation on Scholarships and Education Abroad, National Development Strategy, Justice Strategy for All, Millennium Development Goals, National Health Strategy, and NAPWA were reviewed comparatively and article by article in the light of Convention on Prevention of All Types of Discrimination against Women.
    Para 13) The draft of Shiite Personal Status Law was reviewed by Ministry of Women’s Affairs (MoWA) and 12 amendments were recommended based on Afghan Constitution to Ministry of Justice (MoJ) prior to its signing and the recommended amendments were considered and included in the this law.
    Para 14) The draft of Shiite Personal Status Law was reviewed by MoWA to ensure that it conforms to the international commitments of the Government.
    Para 36) The MoWA in cooperation with government institutions, civil society, national and international organizations tried to improve the political, social, cultural and economic status of women by drafting various laws, policies and procedures in various fields such as: Regulation on Support Centers, reaching to female victims or women exposed to danger, drafting Law on Social Support, public awareness through media, training workshops, providing legal consultations for victim women, providing recommendations for presidential decrees on pardoning and reducing imprisonment terms of prisoners and juvenile offenders and legal aid on submitting and following the cases.
    Para 44) The GIRoA has adopted various measures to continue the realization of women’s rights and gender equality during the past four years; below are some examples: • 65% female staff in the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSMD) up until 2013; • An increase in the recruitment rate of women from 2316 in 2010 to 2841 in 2013 in the Ministry of Public Health; • An increase in the recruitment rate of women from 78 in 2009 to 179 in 2013 in Judiciary; • Participation of 25% of women in the Ministry of Border and Tribal Affairs; • Convening of periodical workshops related to gender equality and women’s rights for 275 individuals in Ministry of Education.
    Para 52) Relevant ministries and government organizations carried out important tasks for the realization of the NAPWA and poverty reduction. The undertaken tasks are as follows: • Preparation of policy assisting women in private sector; • Preparation of policy aimed to solve the problems of Kochi (nomad) women; • Preparation of strategy on rights and economic security of women; … • Administration/management of 548 private sector companies by women; • Sending 38611 female personnel abroad for higher education and capacity building; • Establishment of loan cooperatives for women; • Establishment of 78 small and medium cooperatives for women.
    Para 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 …
    Para 113) The (NAPWA) has been prepared to create coordinated and systematic activities to improve the situation of women in six areas that include security and safety, protection of human rights of women, women leadership and political participation, economic and poverty, health and education. Majority of projects and programs have been implemented or are in the process of implementation through understanding and signing of protocols and agreements with government and non-government organizations. MoWA in this respect only has the role of monitoring and providing technical assistance in the implementation of projects. These projects have contributed considerably to the improvement of situation of women. The participation of women in all areas, including peace process, political and social participation in accordance with the Afghan Constitution has been ensured and women organizations are engaged under the auspices of government in different areas of political and social life.
  • State Under Review:

    Afghanistan

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

    Georgia

    Georgia
    Regional group
    EEG
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Take further steps to ensure access to education for all in a safe environment, with particular focus on girls and women, internally displaced persons and persons with disabilities.
  • State Under Review:

    Afghanistan

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

    Ireland

    Ireland
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • "Honour crimes"
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Ensure the Elimination of Violence Against Women Law is effectively implemented and uniformly enforced; and that all cases of violence against women, including so-called “honour killings,” are promptly investigated and prosecuted under the criminal justice system and not referred to traditional dispute resolution mechanisms.