Displaying 226 - 250 of 58126 recommendations found
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Gender equality
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:National higher education strategy of afghanistan: This strategy was adopted for 2007-2013, on the basis of which one hundred thousand students, 30 per cent of them girls, will be enrolled in the universities. The universities should also meet required quality standards of higher education. This strategy provides grounds for the increase in the attendance of girls to universities and the inclusion of human rights subjects in the curricula of faculties in order to promote the human rights culture in the higher education system of Afghanistan. [Para 48] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Gender equality
Type:Review DocumentationSession:31st Session, November 2018Status:Not Followed up with a RecommendationContents: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:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
Type:Review DocumentationSession:31st Session, November 2018Status:Reference AddressedContents:ODVV recommended to guarantee the right to education and allocate an inclusive budget for education for all its citizens, equally and without discrimination based on gender … [Para 34]
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:Stakeholder SummaryIssue:
- Women's and / or girls' rights
- Human rights defenders
Type:Review DocumentationSession:5th session, May 2009Status:Reference AddressedContents:HRDs working in the area of women's rights and transitional justice as well as independent journalists face particular risks as a result of their work. [Para 16] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:AustraliaAustraliaRegional groupWEOGPolitical groupPIFCommonwealthIssue:
- Violence against women / gender-based violence
- Women's participation
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Fully implement and enforce its Elimination of Violence Against Women Law and its National Action Plan for the implementation of Security Council resolution 1325.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:CanadaCanadaRegional groupWEOGPolitical groupOASOIFCommonwealthIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents: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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:CyprusCyprusRegional groupAsia-Pacific GroupPolitical groupEUOIFCommonwealthIssue:
- Gender equality
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Implement all necessary actions in order to provide girls with education.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:ArgentinaArgentinaRegional groupGRULACPolitical groupOASOEIIssue:
- Women's and / or girls' rights
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Deepen measures to investigate and sanction discriminatory and degrading customs and traditions towards women and girls, such as the virginity test.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:LithuaniaLithuaniaRegional groupEEGPolitical groupEUIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents: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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:OmanOmanRegional groupAsia-Pacific GroupPolitical groupOICALIssue:
- Empowerment of women
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents:Provide further support for the empowerment of women in the economic sphere.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:MoldovaMoldovaRegional groupEEGPolitical groupCISOIFIssue:
- Early marriage
- Violence against women / gender-based violence
Type:RecommendationSession:32nd Session, January 2019Status:AcceptedContents: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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
- Forced marriage
- Women's and / or girls' rights
Type:Review DocumentationSession:5th session, May 2009Status:Reference AddressedContents:The largest category of cases of violence against women consisted of forced marriages. There is a failure by officials to bring about redress for forced marriage. ... Early marriage also tends to deprive girls of the opportunity to receive secondary education. [Paras 31, 46; HCHR]
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:FinlandFinlandRegional groupWEOGPolitical groupEUIssue:
- Women's and / or girls' rights
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Take further steps to honour its Constitution and protect and promote women's rights as an integral part of universal human rights.ImplementationNational 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 46) The GIRoA has made enormous efforts in order to implement the Afghan Constitution. The establishment of the Independent Commission on Monitoring of the Implementation of the Afghan Constitution is one of the measures that the GIRoA has taken in this regard.
Para 56) A number of serious and practical actions were taken in the direction of law enforcement and protection of women’s rights during the past four years. For example the establishment of Special Prosecution Office for Elimination of Violence against Women is one of important practical measures. The establishment of Human Rights Protection Unit of the MoJ as an inter-ministerial mechanism and establishment of human rights units in some other ministries and establishment of gender units in 22 ministries with the financial and technical support of the international community, extended efforts in establishment of infrastructure for the improvement of human rights situation in the country, preparation of NAPWA pursuant to UN Security Council Resolution 1325 are also a number of effectives measures that were adopted by the GIRoA. The MoFA has taken positive steps for improvement of human rights and the establishment of infrastructure.
Para 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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IrelandIrelandRegional groupWEOGPolitical groupEUIssue:
- Women's and / or girls' rights
Type:RecommendationSession:5th session, May 2009Status:AcceptedContents:Proceed with its review of the Shia Personal Status Law, ensure that it conforms to international commitments and actively works to promote the rights of women.ImplementationNational 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 56) A number of serious and practical actions were taken in the direction of law enforcement and protection of women’s rights during the past four years. For example the establishment of Special Prosecution Office for Elimination of Violence against Women is one of important practical measures. The establishment of Human Rights Protection Unit of the MoJ as an inter-ministerial mechanism and establishment of human rights units in some other ministries and establishment of gender units in 22 ministries with the financial and technical support of the international community, extended efforts in establishment of infrastructure for the improvement of human rights situation in the country, preparation of NAPWA pursuant to UN Security Council Resolution 1325 are also a number of effectives measures that were adopted by the GIRoA. The MoFA has taken positive steps for improvement of human rights and the establishment of infrastructure.
Para 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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:DjiboutiDjiboutiRegional groupAfrica GroupPolitical groupAUOICALOIFIssue:
- Women's and / or girls' rights
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Take into full account children, girls in particular, the most marginalised groups, including persons with disabilities, in the strategy and programmes of development in the area of health and education.ImplementationNational 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.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IrelandIrelandRegional groupWEOGPolitical groupEUIssue:
- Women's and / or girls' rights
- Women's participation
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Implement UN Security Council Resolutions on Women, Peace and Security, including by supporting the participation of women in peace talks, and continuing to increase the proportion of women playing an active role in the security forces, in particular the police, while ensuring their safety and dignity in their place of work.ImplementationNational Report:
Para 117) The National Action Plan for UNSC Resolution 1325 from 2015–2022 has been ratified by the Afghan Government on July 1, 2015. It consists of 4 pillars48 and 39 indicators which empower women, ensures their participation in peace process and good governance.
Para 118) Women’s contribution in the High Peace Council has increased since 2015. The new HPC leadership has paid special attention to the value, respect, and importance of women’s presence in the peace process which is one of the priorities of the HPC. One Deputy is a Woman and there are now 12 women out of 65 members. The HPC has 800 employees in Kabul and provinces, out of which 134 are women. The percentage of women has been increased from 11 to 22 percent at the provincial level.
Para 119) Women representatives took part in peace negotiation in Oslo with Taliban in 2015.
UN Compilation:
Para 47) OHCHR/UNAMA reported that the Government continued to carry out the Afghan national plan for the implementation of Security Council resolution 1325 (2000) on women and peace and security, but its efforts were hampered by lack of funding.
UN Compilation:
Para 48) OHCHR/UNAMA noted that despite some progress, the number of women in positions of decision-making remained low. On 2 July 2017, five new female members had been nominated to the High Peace Council. The 480 members of the High Peace Council and the provincial peace councils included 65 women. However, only one of the seven sections of the Joint Secretariat of the Council was led by a woman.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:CroatiaCroatiaRegional groupEEGPolitical groupEUIssue:
- Early marriage
- Harmful practices based on cultural / traditional values
- Forced marriage
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Establish comprehensive legislation to help law enforcement officials identify cases of early and forced marriages and organize awareness-raising campaigns in that regard.ImplementationNational Report:
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 43) The United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) observed that women and girls continued to face persistent discrimination, violence, street harassment, forced and child marriage, severe restrictions on working and studying outside the home and limited access to justice. It noted that the Elimination of Violence against Women Law had the potential to contribute to improving women’s access to justice, provided it was effectively implemented.
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. …
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:IrelandIrelandRegional groupWEOGPolitical groupEUIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Put in place within six months a concrete plan, covering the next two- year period, to improve implementation of the 2009 Law on the Elimination of Violence Against Women, including the measures recommended to Afghanistan by the CEDAW in July 2013.ImplementationNational Report:
Para 26) The GoIRA protects and promotes human rights by strengthening and establishing human rights units within the power structures as following:
…
• Judiciary Power: Division of Violence Against Women and Children in the Supreme Court review all cases of women and children rights violations;
Para 105) The Criminal Procedure Code 2014 and Penal Code 2018 have been ratified. Discriminatory human rights violating elements have been taken out and new provisions regarding protection of women’s rights were included. The criminal procedures law enriches specific provisions on the victim’s rights and protection of evidence. Beside the new penal code, the EVAW Law still remains enforced and the cases related to violence against women will be reviewed in accordance with this specific law.
Para 106) Different measures for better implementation of the EVAW Law have been taken in to account. These measures include the establishment of institutions, policies, regulations, training of judges, prosecutors, police, and other relevant employees as well as legal awareness campaigns for citizens. The AGO plans to draft a National Action Plan for the Implementation of EVAW Law in near future.
Para 107) Following mechanisms are in place:
• Monthly meetings of the EVAW high commission and provincial commissions of all 34 provinces to monitor critical areas. Findings are being submitted to the relevant government departments and the President’s office. Establishment of 28 women’s shelters centers in Kabul and 20 in different provinces.
• Establishment of special units at all 34 Provincial Office of Attorney’s for EVAW cases. In 31 provinces, units are just being led by women.
• Establishment of special EVAW units at the Supreme Court in Kabul and 15 provinces.
• Legal assistance centers and family dispute resolution units were established in 34 provinces under the police headquarters framework.
• A mediation department has been established at the AGO to mediate in family matters.
• The Supreme Court established special courts for EVAW cases in 22 provinces. Till 2020 all provinces will be having a special court for EVAW cases.
• A telephone hotline has been established for women and children in case of violence.
• On 11th of July 2016, the MoI established a complaint mechanism to prevent and respond to sexual harassment against women police officers.
Para 108) The AGO established a Deputy AGO for Elimination of Violence against Women & Children, which is led by a woman. This office has two sub-departments responsible for reducing violence against women and for its social consultants. Another department deals with women rights, victims and witnesses with help of IDLO.
Para 109) The Afghanistan AGO established a monitoring mechanism on the implementation of EVAW law within its offices.
Para 110) With support of IDLO the AGO established a database within the Deputy AGO for EVAW. This database includes all activities of prosecutors, the case itself and the work which has been done so far. Through this database, the Deputy GA can monitor his employees and held them accountable if needed.
Para 111) Between 2014 and 2018, 5921 cases have been investigated. 4840 cases of violence against women have been addressed in the three-layer courts of the country based on the provisions of EVAW.
UN Compilation:
Para 25) OHCHR/UNAMA noted that the ongoing armed conflict affected women’s access to justice. The Mission noted that the failure of law enforcement authorities to take action undermined efforts to promote the rights of women, eroded the rule of law and contributed to an expectation of impunity. It observed that the gap in relation to the available range of punishments for criminal offences of violence against women contributed to the wide use of mediation. The Mission highlighted that the wide use of mediation in criminal offences of violence against women also promoted impunity, enabled its reoccurrence, eroded trust in the legal system and constituted a human rights violation on the part of Afghanistan.
Para 42) The Committee against Torture remained deeply concerned by the high prevalence of violence against women, in particular domestic violence, rape, battery, laceration, crimes committed in the name of “honour” and cases of stoning.
Para 44) The Secretary-General of the United Nations noted the decree amending the Penal Code with regard to crimes of violence against women ...
Para 45) OHCHR/UNAMA noted that harmful acts of violence against women, including murder, beating, mutilation, child marriage and ba’ad, remained widespread, despite the Government’s concrete efforts to criminalize those practices and establish measures for accountability. Harmful practices that had been criminalized under the Elimination of Violence against Women Law, such as forced and child marriage, honour killings, ba’ad, badal (the exchange of women for marriage purposes to settle disputes) and forced self-immolation, were often confused as being aspects of Islamic law or teachings and therefore ingrained in the local traditions. The Mission documented 280 cases of murder and “honour killings” of women from January 2016 to December 2017. It found that the police had often failed to forward those cases to prosecutors. The majority of Afghan women continued to be denied fair treatment before the law, as discriminatory provisions in laws and policies were still prevalent. As such, law enforcement and other judicial practitioners, including prosecutors and courts, had often failed to enforce the Elimination of Violence against Women Law, resulting in widespread impunity for the criminal acts of violence against women. OHCHR/UNAMA consistently found that implementation of the Elimination of Violence against Women Law had been slow and non-uniform.
Stakeholder Summary:
Para 10) AIHRC noted that violence against women is one of the most serious violations of human rights. During 2014-2017, AIHRC registered, investigated and followed around 19,920 cases of violence against women and referred them to the relevant legal entities. Out of these cases, 845 cases were cases of women who were murdered. The real statistics of women's violence and murders are much higher. The prosecution and punishment of perpetrators of violence against women by government agencies, as well as the implementation of the EVAW Law and the Law for the Prevention of the Sexual Harassment against Women and Children have been ineffectively done and challenges remained unchanged. Statistics showed that the government and the law enforcement agencies have failed to properly and timely investigate cases of violence against women and cases of murder. AIHRC attributed that insecurity, corruption, the increased culture of impunity, lack of rule of law, the spread of harmful custom and tradition in society, lack of awareness of people of the law and human rights, poverty and economic problems are among the factors of violence against women which have not been adequately and practically addressed by the government. AIHRC reported that Taliban also continued to commit killings and extra judicial and arbitrary punishment of women in the area of under their control. AIHRC recalled that under Resolution 1325 and the SDGs, the government has to accelerate the process of gender mainstreaming in the departments.
Para 34) HRW noted that violence against women, including rape, murder, mutilation and assault is widespread, and the perpetrators are rarely brought to justice. In the 2014 UPR, the Afghanistan delegation accepted numerous recommendations on improving implementation of the 2009 Law on the Elimination of Violence Against Women (EVAW law), including the measures recommended to Afghanistan by the Committee on the Elimination of Discrimination against Women in July 2013. During the review, the Afghan delegation committed to implement the EVAW law, and that perpetrators of violence against women would be prosecuted and punished. However, HRW found that Afghan women seeking justice after facing violence continue to face formidable obstacles. Afghan authorities routinely turn victims away or pressure them to accept mediation. Mediation does not provide justice to female victims of serious crimes, offering victims only a promise from her abuser not to repeat the crime. In some case, mediators themselves inflict abuse, for example by ordering girls or women to be given as compensation for murder, forcing women and girls to marry men who raped them, or excusing murder in the name of “honor.” Afghan police and prosecutors continue to jail women and girls for on charges of “moral crimes” that include “running away” from home, and committing or attempting to commit sexual intercourse outside marriage “zina”, or having sex outside of marriage. Rape victims can be charged with “zina” and imprisoned. These girls and women are subjected to invasive vaginal and anal examinations performed by Afghan government doctors, sometimes repeatedly on the same girl or woman including young girls. Afghan officials claimed that the government had since banned the examinations, but officials have told HRW that the practice remained widespread, and many judges, prosecutors, and police officials told them that they routinely order “virginity tests.”
Para 35) ODVV also noted that one of the most serious human rights violations in Afghanistan is violence against women, particularly girls. In 2017 there were 4340 cases of violence against 2286 women. This is while in the previous year there were approximately 2046 reported cases of violence against women. These figures indicate that not only violence against women in Afghanistan has not dropped, but the abuses have increased. There have also been report of 277 women being murdered, while only 40 of them have been prosecuted. This shows a weakness in enforcing the law, additionally, victims’ families’ were reluctant to file a complaint against perpetrators of crimes.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:EcuadorEcuadorRegional groupGRULACPolitical groupOASOEIIssue:
- Violence against women / gender-based violence
Type:RecommendationSession:18th session, February 2014Status:AcceptedContents:Continue with actions aimed at eliminating all forms of violence against women and girls.ImplementationNational Report:
Para 26) The GoIRA protects and promotes human rights by strengthening and establishing human rights units within the power structures as following:
…
• Judiciary Power: Division of Violence Against Women and Children in the Supreme Court review all cases of women and children rights violations;
Para 105) The Criminal Procedure Code 2014 and Penal Code 2018 have been ratified. Discriminatory human rights violating elements have been taken out and new provisions regarding protection of women’s rights were included. The criminal procedures law enriches specific provisions on the victim’s rights and protection of evidence. Beside the new penal code, the EVAW Law still remains enforced and the cases related to violence against women will be reviewed in accordance with this specific law.
Para 106) Different measures for better implementation of the EVAW Law have been taken in to account. These measures include the establishment of institutions, policies, regulations, training of judges, prosecutors, police, and other relevant employees as well as legal awareness campaigns for citizens. The AGO plans to draft a National Action Plan for the Implementation of EVAW Law in near future.
Para 107) Following mechanisms are in place:
• Monthly meetings of the EVAW high commission and provincial commissions of all 34 provinces to monitor critical areas. Findings are being submitted to the relevant government departments and the President’s office. Establishment of 28 women’s shelters centers in Kabul and 20 in different provinces.
• Establishment of special units at all 34 Provincial Office of Attorney’s for EVAW cases. In 31 provinces, units are just being led by women.
• Establishment of special EVAW units at the Supreme Court in Kabul and 15 provinces.
• Legal assistance centers and family dispute resolution units were established in 34 provinces under the police headquarters framework.
• A mediation department has been established at the AGO to mediate in family matters.
• The Supreme Court established special courts for EVAW cases in 22 provinces. Till 2020 all provinces will be having a special court for EVAW cases.
• A telephone hotline has been established for women and children in case of violence.
• On 11th of July 2016, the MoI established a complaint mechanism to prevent and respond to sexual harassment against women police officers.
Para 108) The AGO established a Deputy AGO for Elimination of Violence against Women & Children, which is led by a woman. This office has two sub-departments responsible for reducing violence against women and for its social consultants. Another department deals with women rights, victims and witnesses with help of IDLO.
Para 109) The Afghanistan AGO established a monitoring mechanism on the implementation of EVAW law within its offices.
Para 110) With support of IDLO the AGO established a database within the Deputy AGO for EVAW. This database includes all activities of prosecutors, the case itself and the work which has been done so far. Through this database, the Deputy GA can monitor his employees and held them accountable if needed.
Para 111) Between 2014 and 2018, 5921 cases have been investigated. 4840 cases of violence against women have been addressed in the three-layer courts of the country based on the provisions of EVAW.
UN Compilation:
Para 25) OHCHR/UNAMA noted that the ongoing armed conflict affected women’s access to justice. The Mission noted that the failure of law enforcement authorities to take action undermined efforts to promote the rights of women, eroded the rule of law and contributed to an expectation of impunity. It observed that the gap in relation to the available range of punishments for criminal offences of violence against women contributed to the wide use of mediation. The Mission highlighted that the wide use of mediation in criminal offences of violence against women also promoted impunity, enabled its reoccurrence, eroded trust in the legal system and constituted a human rights violation on the part of Afghanistan.
Para 42) The Committee against Torture remained deeply concerned by the high prevalence of violence against women, in particular domestic violence, rape, battery, laceration, crimes committed in the name of “honour” and cases of stoning.
Para 44) The Secretary-General of the United Nations noted the decree amending the Penal Code with regard to crimes of violence against women ...
Para 45) OHCHR/UNAMA noted that harmful acts of violence against women, including murder, beating, mutilation, child marriage and ba’ad, remained widespread, despite the Government’s concrete efforts to criminalize those practices and establish measures for accountability. Harmful practices that had been criminalized under the Elimination of Violence against Women Law, such as forced and child marriage, honour killings, ba’ad, badal (the exchange of women for marriage purposes to settle disputes) and forced self-immolation, were often confused as being aspects of Islamic law or teachings and therefore ingrained in the local traditions. The Mission documented 280 cases of murder and “honour killings” of women from January 2016 to December 2017. It found that the police had often failed to forward those cases to prosecutors. The majority of Afghan women continued to be denied fair treatment before the law, as discriminatory provisions in laws and policies were still prevalent. As such, law enforcement and other judicial practitioners, including prosecutors and courts, had often failed to enforce the Elimination of Violence against Women Law, resulting in widespread impunity for the criminal acts of violence against women. OHCHR/UNAMA consistently found that implementation of the Elimination of Violence against Women Law had been slow and non-uniform.
Stakeholder Summary:
Para 10) AIHRC noted that violence against women is one of the most serious violations of human rights. During 2014-2017, AIHRC registered, investigated and followed around 19,920 cases of violence against women and referred them to the relevant legal entities. Out of these cases, 845 cases were cases of women who were murdered. The real statistics of women's violence and murders are much higher. The prosecution and punishment of perpetrators of violence against women by government agencies, as well as the implementation of the EVAW Law and the Law for the Prevention of the Sexual Harassment against Women and Children have been ineffectively done and challenges remained unchanged. Statistics showed that the government and the law enforcement agencies have failed to properly and timely investigate cases of violence against women and cases of murder. AIHRC attributed that insecurity, corruption, the increased culture of impunity, lack of rule of law, the spread of harmful custom and tradition in society, lack of awareness of people of the law and human rights, poverty and economic problems are among the factors of violence against women which have not been adequately and practically addressed by the government. AIHRC reported that Taliban also continued to commit killings and extra judicial and arbitrary punishment of women in the area of under their control. AIHRC recalled that under Resolution 1325 and the SDGs, the government has to accelerate the process of gender mainstreaming in the departments.
Para 34) HRW noted that violence against women, including rape, murder, mutilation and assault is widespread, and the perpetrators are rarely brought to justice. In the 2014 UPR, the Afghanistan delegation accepted numerous recommendations on improving implementation of the 2009 Law on the Elimination of Violence Against Women (EVAW law), including the measures recommended to Afghanistan by the Committee on the Elimination of Discrimination against Women in July 2013. During the review, the Afghan delegation committed to implement the EVAW law, and that perpetrators of violence against women would be prosecuted and punished. However, HRW found that Afghan women seeking justice after facing violence continue to face formidable obstacles. Afghan authorities routinely turn victims away or pressure them to accept mediation. Mediation does not provide justice to female victims of serious crimes, offering victims only a promise from her abuser not to repeat the crime. In some case, mediators themselves inflict abuse, for example by ordering girls or women to be given as compensation for murder, forcing women and girls to marry men who raped them, or excusing murder in the name of “honor.” Afghan police and prosecutors continue to jail women and girls for on charges of “moral crimes” that include “running away” from home, and committing or attempting to commit sexual intercourse outside marriage “zina”, or having sex outside of marriage. Rape victims can be charged with “zina” and imprisoned. These girls and women are subjected to invasive vaginal and anal examinations performed by Afghan government doctors, sometimes repeatedly on the same girl or woman including young girls. Afghan officials claimed that the government had since banned the examinations, but officials have told HRW that the practice remained widespread, and many judges, prosecutors, and police officials told them that they routinely order “virginity tests.”
Para 35) ODVV also noted that one of the most serious human rights violations in Afghanistan is violence against women, particularly girls. In 2017 there were 4340 cases of violence against 2286 women. This is while in the previous year there were approximately 2046 reported cases of violence against women. These figures indicate that not only violence against women in Afghanistan has not dropped, but the abuses have increased. There have also been report of 277 women being murdered, while only 40 of them have been prosecuted. This shows a weakness in enforcing the law, additionally, victims’ families’ were reluctant to file a complaint against perpetrators of crimes.
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:CzechiaCzechiaRegional groupEEGPolitical groupEUIssue:
- International human rights instruments
- Gender equality
- Women's and / or girls' rights
Type:RecommendationSession:18th session, February 2014Status:Unclear ResponseContents:Accede to and fully implement the OP-CEDAW, amend laws that discriminate against women, and facilitate a broad public discussion on women's rights and equality.ExplanationThe Islamic Republic of Afghanistan wants to review and assess these recommendations until the translation and assessment of barriers and their implementation opportunity. Most of these recommendations require Afghanistan accession to some conventions and their optional protocols. Since accession to some conventions and their optional protocols is a long process and needs extensive consultation and professional studies, therefore, the Government of Afghanistan scrutinize the above Recommendations once again.ImplementationNational Report:
Para 101) Art. 22 of the Constitution states that “… The citizens of Afghanistan, man and woman, have equal rights and duties before the law.” Art. 218 and 409 Penal Code prohibits the Discrimination in Administration.
Para 102) The existing Labor Law includes privilege for women such as a reduction to 35 working hours for pregnant women, a 3-month paid leave after delivery, no right of termination for pregnancy reason, and women are prohibited extra working hours, hard work and night shift.
Para 103) The Gender Strategy of the GoIRA prohibits discrimination against women and rests on five pillars, each grounded in a cross-government action program: (1)Implementing global commitments on human rights, security, and freedom from domestic violence for Afghan women; (2)Ensuring full access to education and health services, including higher education; (3)Launching the Women’s Economic Empowerment National Priority Program; (4)Securing the constitutional rights for women through the full execution of the laws; and (5)Advancing women in government and business.
Para 104) The 2016 Anti-Women’s Harassment Law prohibits any form of discrimination against women in offices and public places and provides specific measures to support the victims. Almost all Ministries drafted or implemented an Anti-Harassment policy.
UN Compilation:
Para 43) The United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) observed that women and girls continued to face persistent discrimination, violence, street harassment, forced and child marriage, severe restrictions on working and studying outside the home and limited access to justice. It noted that the Elimination of Violence against Women Law had the potential to contribute to improving women’s access to justice, provided it was effectively implemented.
Para 46) OHCHR/UNAMA reported that anti-government elements, particularly the Taliban, continued to impose restrictions that seriously limited enjoyment of human rights, specifically for women and girls.
Stakeholder Summary:
Para 2) … Afghanistan also signed the Law on the Prevention, Prohibition of Harassment of Women and Children, and the virginity test was prohibited by the new penal code. …
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State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- International human rights instruments
- Gender equality
Type:Review DocumentationSession:18th session, February 2014Status:Reference AddressedContents:In 2013, CEDAW encouraged Afghanistan to ratify OP-CEDAW ... [Para 1] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:UN CompilationIssue:
- Sexual harassment
- Women's participation
Type:Review DocumentationSession:18th session, February 2014Status:NeglectedContents:... It recommended taking measures in the formal labour market to increase female participation and eliminate occupational segregation, enacting specific legislation prohibiting sexual harassment in the workplace and preparing an action plan to protect women working in the informal sector. [Para 71; CEDAW] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- International human rights instruments
Type:Review DocumentationSession:18th session, February 2014Status:N/AContents:The GIRoA, during periodic reporting, has developed three comparative reports on national laws in the light of international conventions of human rights; 1) report on comparative review of national laws in the light of CRC; 2) report on comparative review of national laws in the light of ICESCR; … All similarities, differences and flaws in the national laws have been identified and highlighted, and specific recommendations have been made through the above reports to address such discrepancies. [Para 9] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Violence against women / gender-based violence
- Women's and / or girls' rights
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:Commission for the Elimination of Violence against Women: This Commission was established in 2005 to address violation against women within the five year strategic working plan of the Ministry of Women's Affairs. [Para 28] -
State Under Review:AfghanistanAfghanistanRegional groupAsia-Pacific GroupPolitical groupOICSource Of Reference:National ReportIssue:
- Gender equality
- Women's and / or girls' rights
- Women's participation
Type:Review DocumentationSession:5th session, May 2009Status:N/AContents:Based on article 22 of the Constitution, all citizens of Afghanistan both men and women are equal and enjoy equal rights and equal duties by law. The GoA in conformity with Constitution has made great endeavors to promote women rights and maintain their equal status. Accordingly, the Constitution in article 83 ensures the presence of at least two female deputies from each province to the Parliament. Also, at least 25 per cent of the Parliament must be women, currently women make up 28 per cent of the National Assembly. Similarly, in the judiciary, out of 1,652 judges working in military and civil courts, a total of 189 are women. This makes up 5.4 per cent of all the present judges in the country. Likewise out of 1,095 prosecutors employed by Office of Attorney General, 103 of them are women, which make 9.4 per cent of the prosecutors. Among civil servants out of 221,684 state employees 47790 are women (excluding ministry of interior and defense). [Para 80]