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 201 - 225 of 42036 recommendations found
  • State Under Review:

    Afghanistan

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

    Maldives

    Maldives
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Commonwealth
    Issue:
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Strengthen legislation and enforcement of the law to end violence against women and promotion and protection of human rights of women and girls.
    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:

    Republic of Korea

    Republic of Korea
    Regional group
    Asia-Pacific Group
    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    • Forced marriage
    • "Honour crimes"
    • Violence against women / gender-based violence
    • Domestic violence
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Put forward its utmost efforts to abolish practices such as honor killing, early forced marriage and domestic violence both at the legal and policy levels.
    Implementation
    National Report:
    Para 11) Reforming the Criminal Justice, the new code introduces alternatives to imprisonment and detention. As well as, the code has removed permission of honor killing to prevent arbitrary and illegal murders.
    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 130) According to the civil law of Afghanistan, the marriage age is different for boys and girls. The marriage age for girls is 16 and for boys it’s 18, as mentioned in the Official Gazette (353/1976). The marriage of a girl under 15 is not permitted.
    Para 131) To amend the age of marriage within the Civil Code in accordance with the provisions of the Convention on the Rights of the Child. MoJ has prepared a law draft on family protection that will amend the marriage age for both girls and boys to be 18 years old. This draft will be passed by parliament in the near future.
    Para 132) MoHRA has issued 11 Fatwas (religious orders) from 2015 till 2018 dealing with the prohibition of child marriage.

    UN Compilation:
    Para 42) The Committee against Torture remained deeply concerned by the high prevalence of violence against women, in particular domestic violence, rape, battery, laceration, crimes committed in the name of “honour” and cases of stoning.
    Para 45) 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.
    Para 54) The Secretary-General of the United Nations … was also concerned by the widespread phenomenon of the forced and early marriages of girls,

    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 11) … Early marriages of children under the age of 15, despite its legal prohibition, remained a major challenge for children. The numbers of the victims of early marriage is higher as many victims do not have the ability, awareness, facilities and the opportunity to refer to relevant institutions for filing a case. The main reasons for underage marriage, the victim of which is generally girls, are social, cultural and economic factors, as well as informal justice problems.
    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. ODVV was also concerned that the government has still not taken any practical action against forced marriage of girls and or legally underage marriages. …
  • 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:
    • International human rights instruments
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Unclear Response
    Contents:
    Consider becoming a party to the OP-CRC-IC.
    Explanation
    The Islamic Republic of Afghanistan wants to review and assess these recommendations until the translation and assessment of barriers and their implementation opportunity. Most of these recommendations require Afghanistan accession to some conventions and their optional protocols. Since accession to some conventions and their optional protocols is a long process and needs extensive consultation and professional studies, therefore, the Government of Afghanistan scrutinize the above Recommendations once again.
  • 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:
    18th session, February 2014
    Status:
    Reference Addressed
    Contents:
    ... CRC urged Afghanistan to establish a strategy to implement the Law [on the Elimination of Violence Against Women]. [Para 4]
  • 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:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Continue its efforts to promote the rights of women and gender equality.
    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 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 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 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:

    UN Compilation

    Issue:
    • Contraception
    Type:
    Review Documentation
    Session:
    18th session, February 2014
    Status:
    Neglected
    Contents:
    ... Eliminate cultural beliefs that impeded women's free access to health services and contraceptives. [Para 81; CEDAW]
  • State Under Review:

    Afghanistan

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

    Greece

    Greece
    Regional group
    WEOG
    Political group
    EU
    OIF
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    ... Take effective measures to substantially increase the rate of attendance, particularly of the female population, in schools.
    Implementation
    National Report:
    Para 124) Afghanistan has taken serious measures during the past four years to improve the quality and quantity of education.
    Para 125) Since article 43 of the Afghan Constitution has guaranteed education up to the BA level for all its citizens without any discrimination, the GIRoA has taken measures that are mentioned as below:
    (a) The adoption of Education Law;
    (b) Providing the new educational curriculum.
    Para 126) Implementation of the NAPWA was scrutinized and monitored in many departments of the Ministry of Education and the terms of reference have been developed for Gender Unit on the basis of the NAPWA. 275 staff, women and men, of the Ministry of Education participated in five rounds of training workshops on issues of gender, equality of rights, raising awareness on gender related issues and women's rights in Islam. These training workshops contributed to the raising of awareness of the participants regarding the rights of women and have had positive impacts. The Human Resources of the Ministry of Education envisages the process of personnel recruitment on the basis of merit and women are given the priority and their recruitment takes place on merit basis.
  • State Under Review:

    Afghanistan

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

    UN Compilation

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

    Afghanistan

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

    Stakeholder Summary

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

    Afghanistan

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

    Australia

    Australia
    Regional group
    WEOG
    Political group
    PIF
    Commonwealth
    Issue:
    • Violence against women / gender-based violence
    • Women's participation
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Fully implement and enforce its Elimination of Violence Against Women Law and its National Action Plan for the implementation of Security Council resolution 1325.
  • 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:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Ensure prompt investigations of violence against women and ensure that perpetrators are brought to justice in accordance with the Elimination of Violence Against Women Law.
  • State Under Review:

    Afghanistan

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

    Cyprus

    Cyprus
    Regional group
    Asia-Pacific Group
    Political group
    EU
    OIF
    Commonwealth
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Implement all necessary actions in order to provide girls with education.
  • State Under Review:

    Afghanistan

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

    Argentina

    Argentina
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Deepen measures to investigate and sanction discriminatory and degrading customs and traditions towards women and girls, such as the virginity test.
  • State Under Review:

    Afghanistan

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

    Lithuania

    Lithuania
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Introduces effective measures to eradicate all forms of violence against women and girls including abolishing referral of such crimes to mediation, to ensure prompt investigation of violence and ensure effective redress for victims.
  • State Under Review:

    Afghanistan

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

    Oman

    Oman
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Issue:
    • Empowerment of women
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Provide further support for the empowerment of women in the economic sphere.
  • State Under Review:

    Afghanistan

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

    Moldova

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

    Afghanistan

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

    Outcome Report

    Issue:
    • Early marriage
    • Abortion
    • Harmful practices based on cultural / traditional values
    • Forced marriage
    • Polygamy
    • "Honour crimes"
    • Violence against women / gender-based violence
    Type:
    Comment
    Session:
    32nd Session, January 2019
    Status:
    N/A
    Contents:
    The Association of World Citizens ... welcomed the development of a national action plan to end the harmful practices such as early and forced marriage and the new Penal Code to limit honour killings and other harmful practices. However, the situation of women and girls remained a great concern, including their forced marriages, violence and street harassment. It was disappointed that the polygamy was still not outlawed. It was also worried about the health of women, as the recommendations regarding the legal and safe access of women to voluntary termination of pregnancy were not accepted. [Para 487]
  • State Under Review:

    Afghanistan

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

    UN Compilation

    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    Neglected
    Contents:
    The Secretary-General noted that implementation of the National Action Plan for the Women of Afghanistan (NAPWA) had begun but that further progress will depend on political will, the availability of resources and implementation capacity. [Para 6]
  • State Under Review:

    Afghanistan

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

    Nigeria

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

    Afghanistan

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

    France

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

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

    Afghanistan

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

    Canada

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

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

    Afghanistan

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

    Germany

    Germany
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Ensure early presentation of the report on the implementation of the Law for the Elimination of Violence against Women, effective and nation-wide implementation of that Law and comprehensive collection of data, monitoring and evaluation to further identify weaknesses in implementation, and to ensure continuing conformity of the law for the Elimination of Violence against Women with CEDAW.
    Implementation
    National Report:
    Para 26) The GoIRA protects and promotes human rights by strengthening and establishing human rights units within the power structures as following:

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

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

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

    Afghanistan

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

    Australia

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

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

    Afghanistan

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

    Poland

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

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

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

    Afghanistan

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

    Stakeholder Summary

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