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 1 - 25 of 51488 recommendations found
  • State Under Review:

    Afghanistan

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

    National Report

    Issue:
    • Gender equality
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    N/A
    Contents:
    According to the second Pillar of the ANDS (Afghan National Development Strategy): Governance, Rule of Law, and Human Rights, certain benchmarks should be met among which are: support and monitoring and development of human rights, consolidation of democratic institutions and rule of law, providing public services, accountability, gender equality, promoting the political participation of women in state and non-state activities, and implementation of action plan for development of women at national level by the year 2010, including providing legal privileges for women in the law. Based on these benchmarks the GoA will allocate a minimum 35 per cent participation in vocational training, a minimum of 20 per cent employment opportunities, and will lower the gender disparity for ensuring access to justice to 50 per cent by 2013. [Para 42]
  • 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:
    • International human rights instruments
    • Gender equality
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Unclear Response
    Contents:
    Ratify OP-ICCPR, OP-CEDAW, CRPD.
    Explanation
    The Convention on the Rights of Persons with Disabilities has already gone through inter-ministerial procedure and is currently under review in the Parliament.

    Given the growing reporting and implementing capacity on international human rights treaties in the Afghan Government, inter-ministerial consultations will soon start to study the possibility of accession to other optional protocols and conventions mentioned in this recommendation.
    Implementation
    National Report:
    Para 8) ... Provisions of ICCPR, CEDAW, CRC, ICESCR and other relevant conventions were considered.
  • State Under Review:

    Afghanistan

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

    National Report

    Issue:
    • Sexual abuse
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    N/A
    Contents:
    Children also are subject to different forms of violence, such as smuggling or abduction, exploitation, or sexual abuse. [Para 84]
  • State Under Review:

    Afghanistan

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

    Stakeholder Summary

    Issue:
    • Sexual abuse
    • Sexual exploitation / slavery
    • Violence against women / gender-based violence
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    Reference Addressed
    Contents:
    World Vision Afghanistan (WWA) noted recent reports suggesting that Afghanistan is a primary country where children are abducted, smuggled over the borders, and sold as sex slaves or child labourers in the neighbouring countries or in the Gulf States. Reports indicate that sexual violence against Afghan boys is common throughout the country, but is most prevalent in the north. In northern Afghanistan, "Bacha bereesh" (beardless boys) are kept by powerful older men who sexually abuse them. [Para 15]
  • State Under Review:

    Afghanistan

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

    National Report

    Issue:
    • Trafficking in women and / or girls
    Type:
    Review Documentation
    Session:
    18th session, February 2014
    Status:
    N/A
    Contents:
    The GIRoA has taken the following steps for health strategy and to reduce poverty:
    ... • establishment of communication network to control/prevent trafficking of women and children; [Para 117]
  • State Under Review:

    Afghanistan

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

    Uruguay

    Uruguay
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Marginalized groups of women
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Guarantee that repatriated Afghan refugees, particularly women and girls, have adequate access to sanitation services, education, food, housing, freedom of movement and opportunities.
    Implementation
    UN Compilation:
    Para 35) UNHCR observed that returning Afghan refugees and other Afghan undocumented persons comprised up to 40 per cent of the 2.2 million people living in informal settlements in Afghanistan. Those settlements did not provide sufficient protection against the cold during winter, adequate sanitation or potable water. Overcrowding resulted in a lack of privacy and increased the protection risks for women and girls.
    Para 58) … UNHCR reported that there were an estimated 1.84 million protracted and prolonged internally displaced persons. It noted that access to land, shelter, livelihood opportunities, water and sanitation facilities, skills development, girls’ education and basic infrastructure remained a major gap and challenge to successful and sustainable reintegration.
  • State Under Review:

    Afghanistan

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

    Estonia

    Estonia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Women's and / or girls' rights
    • Women's participation
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Fully implement the National Action Plan of the United Nations Security Council Resolution 1325 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:

    Finland

    Finland
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Gender equality
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Guarantee women's representation in all decision-making levels in line with the United Nations Security Council Resolution 1325 and related resolutions as well as on the CEDAW.
    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:

    Iceland

    Iceland
    Regional group
    WEOG
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Reinforce the implementation of the Law on the Elimination of Violence against Women.
    Implementation
    National Report:
    Para 26) The GoIRA protects and promotes human rights by strengthening and establishing human rights units within the power structures as following:

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

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

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

    Afghanistan

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

    Chile

    Chile
    Regional group
    GRULAC
    Political group
    OAS
    OEI
    Issue:
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    18th session, February 2014
    Status:
    Accepted
    Contents:
    Adopt additional measures to ensure the effective application of the law to eliminate violence against women and to ensure the protection of women's rights.
    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:

    United Kingdom

    United Kingdom
    Regional group
    WEOG
    Political group
    EU
    Commonwealth
    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 Penal Code which gives perpetrators of honour killings legal concessions.
    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:

    Spain

    Spain
    Regional group
    WEOG
    Political group
    EU
    OEI
    Issue:
    • Women's and / or girls' rights
    • "Adultery"
    Type:
    Question
    Session:
    18th session, February 2014
    Status:
    Not Followed up with a Recommendation
    Contents:
    A General Attorney's Directive issued on April 2012 establishes that abandoning one's home is not a crime according to Afghan law. It also establishes that it must not be considered as an aggravating factor the fact of a women or a girl that flees her home with the aim of committing adultery (zina) or trying to commit it (attempted zina). What specific measures have been taken in Afghanistan to make judges and attorneys implement what has been established in this directive?
  • State Under Review:

    Afghanistan

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

    UN Compilation

    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    Type:
    Review Documentation
    Session:
    18th session, February 2014
    Status:
    Reference Addressed
    Contents:
    CRC urged Afghanistan to raise the minimum age of marriage for girls to 18. [Para 57]
  • State Under Review:

    Afghanistan

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

    National Report

    Issue:
    • Maternal health / morbidity / mortality
    • Sexually transmitted infections
    • HIV and AIDS
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    N/A
    Contents:
    Expansion of healthcare centers and healthcare services in Kabul and provinces. The followings are some important examples which are being implemented across the country: … • To prevent young people contracting by AIDS, a national program for control of AIDS has been conducted. 7100 school students and 3126 university students have been trained on the hazards and risks of addiction and sexual transmitted diseases in 2016. ... Hospitals or Department for gynecology and obstetrics in Parwan, Balkh and Panshir have been established. Also 15000 health councils for men and women, responsible to create awareness among the people who are living in rural areas have been established. [Para 82]
  • State Under Review:

    Afghanistan

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

    Stakeholder Summary

    Issue:
    • Sexual abuse
    Type:
    Review Documentation
    Session:
    31st Session, November 2018
    Status:
    Reference Addressed
    Contents:
    AIHRC’s national inquiry in 2017, showed 13 percent of children have been sexually assaulted, [Para 11]
  • State Under Review:

    Afghanistan

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

    Switzerland

    Switzerland
    Regional group
    WEOG
    Political group
    OIF
    Issue:
    • Women's participation
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Prioritize the implementation of Afghanistan’s National Plan of Action on Women, Peace and Security, in particular by ensuring broad participation of civil society, especially women, at all stages of a peace process.
  • State Under Review:

    Afghanistan

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

    Slovakia

    Slovakia
    Regional group
    EEG
    Political group
    EU
    Issue:
    • Violence against women / gender-based violence
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Exercise fair treatment of women and girls before the law and effective enforcement of the Elimination of Violence against Women Law.
  • State Under Review:

    Afghanistan

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

    Iran

    Iran
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    Issue:
    • Women's and / or girls' rights
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Continue efforts to promote economic, social and cultural rights of the people, in particular vulnerable social groups, such as women, children, persons with disabilities, refugees, returnees and IDPs who have suffered a lot from the internal wars.
  • State Under Review:

    Afghanistan

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

    United States

    United States
    Regional group
    WEOG
    Political group
    OAS
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Ensure the full implementation of the Elimination of Violence Against Women Law and the 2018 Penal Code’s provisions related to violence against women and girls.
  • State Under Review:

    Afghanistan

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

    Iraq

    Iraq
    Regional group
    Asia-Pacific Group
    Political group
    OIC
    AL
    Issue:
    • Violence against women / gender-based violence
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Develop special programs to reduce violence against women.
  • State Under Review:

    Afghanistan

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

    Algeria

    Algeria
    Regional group
    Africa Group
    Political group
    AU
    OIC
    AL
    Issue:
    • Domestic violence
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Take extra measures to prevent and combat domestic violence, and the care of abandoned children.
  • State Under Review:

    Afghanistan

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

    Italy

    Italy
    Regional group
    WEOG
    Political group
    EU
    Issue:
    • Early marriage
    • Forced marriage
    Type:
    Recommendation
    Session:
    32nd Session, January 2019
    Status:
    Accepted
    Contents:
    Intensify efforts to prevent and combat child, early and forced marriage and take appropriate measures to fight all forms of violence against children and to promote their rights, including the right to education.
  • State Under Review:

    Afghanistan

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

    South Africa

    South Africa
    Regional group
    Africa Group
    Political group
    AU
    Commonwealth
    Issue:
    • Gender equality
    Type:
    Recommendation
    Session:
    5th session, May 2009
    Status:
    Accepted
    Contents:
    Expedite the implementation of all measures to address the situation of vulnerable groups in particular women and children.
    Implementation
    National Report:
    Para 44) The GIRoA has adopted various measures to continue the realization of women’s rights and gender equality during the past four years; below are some examples: • 65% female staff in the Ministry of Labour, Social Affairs, Martyrs and Disabled (MoLSMD) up until 2013; • An increase in the recruitment rate of women from 2316 in 2010 to 2841 in 2013 in the Ministry of Public Health; • An increase in the recruitment rate of women from 78 in 2009 to 179 in 2013 in Judiciary; • Participation of 25% of women in the Ministry of Border and Tribal Affairs; • Convening of periodical workshops related to gender equality and women’s rights for 275 individuals in Ministry of Education.
    Para 52) Relevant ministries and government organizations carried out important tasks for the realization of the NAPWA and poverty reduction. The undertaken tasks are as follows: • Preparation of policy assisting women in private sector; • Preparation of policy aimed to solve the problems of Kochi (nomad) women; • Preparation of strategy on rights and economic security of women; … • 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 55) The MoWA included NAPWA into 6 main sectors and are as follows: 1) security and immunity, 2) protection of women's rights, 3) the leadership of political participation of women, 4) economy, work and poverty reduction, 5) health and 6) education. NAPWA was approved in 2008 and all government institutions are bound to implement this plan. As a 10-year strategic plan, the Government shall be bound to eliminate discrimination against women, develop human resources and strengthen their leadership role, enhance public awareness, build capacity, reduce poverty, unemployment, illiteracy, mortality, provide access to work opportunities, education, health services, and secure justice at different social levels.
    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.
    Para 137) Targeted groups for Social Safety Network are indigent families with female breadwinners and families that have children below 14 years of age, indigent disables, widows …
  • 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:
    Question
    Session:
    5th session, May 2009
    Status:
    Not Followed up with a Recommendation
    Contents:
    Los críticos de la legislación argumentan que según la norma las mujeres no podrían trabajar "sin el permiso" de su pareja, se restringiría su libertad de movimiento, se limitaría su acceso a la educación y que algunos artículos podrían interpretarse como una legalización de la violación marital.
  • State Under Review:

    Afghanistan

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

    National Report

    Issue:
    • Early marriage
    • Harmful practices based on cultural / traditional values
    • Forced marriage
    • Gender equality
    Type:
    Review Documentation
    Session:
    5th session, May 2009
    Status:
    N/A
    Contents:
    Marriage age in the Afghan Civil Law for boys is 18 years and for girls 16 years. Despite this, the old traditions affect marriage and are a big challenge in this area. Approximately, over 40 per cent of marriages are premature or simply a forced marriage. Therefore, serious problems still prevail in ensuring the realization of this right. [Para 77]