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Latest items for Afghanistan

June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: LR-DATA-1

"Women activists highlighted to UNAMA that Afghan women generally lack an awareness of their rights in the justice system, a contributing factor being women’s high rate of illiteracy – which is on average 83 per cent – making it likely that most survivors of violence against women would not be educated.116 Women’s high rates of illiteracy, in conjunction with their confinement to the home/village, means that a large proportion of Afghan women do not have direct access to legal information or societal networks that would help them understand the justice system and applicable laws and procedures" (Pg 32).
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: ATDW-PRACTICE-1, ATDW-PRACTICE-2

"When a marriage is terminated in Afghanistan, the husband is liable to provide maintenance for the iddat (waiting period) only. Maintenance is defined in the law as taking care of the basic needs of the wife. Women have no legal right to reside in the marital home without the consent of the husband and his family. This weakens a woman’s position in cases of violence, as raising a complaint, and subsequent dissolution of marriage, would potentially mean losing her home" (Pg 16). "Women across Afghanistan were required to withdraw their official complaints, upon the initiation of divorce proceedings. UNAMA found that perpetrators of violence used the threat of divorce or...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: DV-PRACTICE-2

"'When I went to the police with my father, the police instructed me many times to withdraw the case before it went to the prosecutor. I told them that I would never accept mediation, I want my husband to receive punishment because he beat me for two years. I told the police that many relatives and village residents had tried to mediate the case a hundred times. Now, I want you to forward the case to the prosecution. The police officer told me ‘we are the police and you are a woman, not my commander’. He tried to force me to withdraw my complaint but I resisted and my father...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: MARR-PRACTICE-1

"Violence against women – murder, beating, mutilation, child marriage; giving away girls for dispute resolution (baad) and other harmful practices – remain widespread throughout Afghanistan, notwithstanding the Government’s concrete efforts to criminalise these practices2 and establish measures for accountability" (Pg 5). "Survivor statements indicate that traditional dispute resolution mechanisms are seen as offering families and survivors an easily accessible and quick system of informal and unregulated justice. However, UNAMA reiterates that such a system often leads to abuses of women’s rights. These rights include the right to freely choose a partner, the right to health and physical integrity, and the rights enshrined in the Child Rights Convention in relation to...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: CUST-LAW-1

"The Afghan legal framework largely awards custody of the children to the mother, with certain limits; boys may stay with the mother up until the age of seven and girls up until the age of nine. Despite allowing a mother to have custody for a few years, Afghan tradition and practice generally favour the father or another male guardian of children for long-term custody" (Pg 16).
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: MARR-LAW-1

"Survivor statements indicate that traditional dispute resolution mechanisms are seen as offering families and survivors an easily accessible and quick system of informal and unregulated justice. However, UNAMA reiterates that such a system often leads to abuses of women’s rights. These rights include the right to freely choose a partner, the right to health and physical integrity, and the rights enshrined in the Child Rights Convention in relation to forced child marriages. For example, UNAMA documented a case from the eastern region in which local families referred the case of a girl, who had “run away” from her home for the purpose of marriage, to a Jirga for resolution. The...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: SUICIDE-PRACTICE-1

"Pursuant to Article 39 (1) (2) of the EVAW Law, the law permits a woman complainant to withdraw her case at any stage of proceedings, with the exception of five acts of violence against women which the State must act on, irrespective of whether a complaint is filed or subsequently withdrawn. These are the crimes of rape, enforced prostitution, publicising the identity of a victim, burning or the use of chemical substances and forced self-immolation or suicide – commonly referred to as the ‘five serious violence against women offences'" (Pg 16). "In another illustration of the State’s failure to uphold the provisions of the EVAW Law, UNAMA documented a case...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: LRW-PRACTICE-2

"UNAMA documented consistent patterns countrywide of women routinely subjected to pressure by authorities, family members and perpetrators to withdraw their criminal cases and consent to resolving these issues through mediation. Such patterns highlight the underlying imbalance of power relations in Afghan society, which place women in a subordinate position and which is perpetuated in the mediation of cases of violence against women, irrespective of whether State or non-State actors manage the mediation process. Thus, the use of mediation, which presumes in theory that both parties have equal bargaining power, is unsuitable for the resolution of criminal offences of violence against women, and does not offer women the necessary robust legal...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: CONST-LAW-1

"Article 22 of the Constitution of Afghanistan states that any kind of discrimination and distinction between the citizens of Afghanistan is prohibited and that the citizens of Afghanistan – whether men or women – have equal rights and duties before the law" (Pg 15).
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: MURDER-DATA-1

"According to Government reports, murder of women represents the second most prevalent form of violence against women in Afghanistan. 15 UNAMA documented 280 cases of murder and “honour killings” of women from January 2016 to December 2017.16 Of these, 50 cases ended in a conviction of the perpetrator and subsequent prison sentences, representing 18 per cent of documented cases. UNAMA therefore found that the vast majority of murder and “honour killings” of women resulted in impunity for the perpetrator" (Pg 7). "UNAMA documented 280 cases of murder and “honour killings” of women from January 2016 to December 2017. Of these, 50 cases resulted in the conviction and imprisonment of the...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: IIP-PRACTICE-1

"Survivors also described the prevailing insecurity and movement constraints as a hindrance to reporting cases to authorities. Women continued to suffer confinement and movement restrictions throughout Afghanistan, particularly in the more rural areas, due to family restrictions stemming from cultural norms, financial dependency and general insecurity" (Pg 26).
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: MURDER-LAW-1

"Pursuant to Article 39 (1) (2) of the EVAW Law, the law permits a woman complainant to withdraw her case at any stage of proceedings, with the exception of five acts of violence against women which the State must act on, irrespective of whether a complaint is filed or subsequently withdrawn. These are the crimes of rape, enforced prostitution, publicising the identity of a victim, burning or the use of chemical substances and forced self-immolation or suicide – commonly referred to as the ‘five serious violence against women offences'" (Pg 16). "Afghanistan’s 1976 Penal Code stipulated that a person who kills or injures his wife or a relative in order...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: ATDW-LAW-1, CUST-LAW-3

"When a marriage is terminated in Afghanistan, the husband is liable to provide maintenance for the iddat (waiting period) only. Maintenance is defined in the law as taking care of the basic needs of the wife. Women have no legal right to reside in the marital home without the consent of the husband and his family. This weakens a woman’s position in cases of violence, as raising a complaint, and subsequent dissolution of marriage, would potentially mean losing her home" (Pg 16).
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: MURDER-PRACTICE-1

"In relation to the crime of 'honour killings' and murder of women, UNAMA found that the police often failed to forward these cases, particularly “honour killings” cases to prosecutors. UNAMA notes that the failure of law enforcement authorities to take action in “honour killings” and murder cases of women and girls undermines efforts to promote the rights of women, erodes the rule of law, contributes to an expectation of impunity, discourages the reporting of these cases and increases citizens’ perception of a corrupt and unreliable justice system in Afghanistan. UNAMA highlights that the wide use of mediation in criminal offences of violence against women promotes impunity, enables the reoccurrence of...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: GP-DATA-3

"The recommendations of the 2013 UNAMA/OHCHR report on the Implementation of the EVAW Law40 urged the Government to introduce mediation guidelines for EVAW Law institutions. In mid-2014, the Ministry of Women’s Affairs, with the support of UNAMA, drafted a Mediation Regulation. Following a review by the Legislative Committee of the Ministry of Women’s Affairs, the Ministry decided that the draft Mediation Regulation would only focus on family-related disputes and exclude violence against women cases. The draft Mediation Regulation has undergone several reviews by the Ministry of Women’s Affairs and the Ministry of Justice. As of March 2018, the draft Mediation Regulation is with the Ministry of Justice’s General Directorate for...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: LRW-LAW-1, IRP-LAW-1

"Pursuant to Article 39 (1) (2) of the EVAW Law, the law permits a woman complainant to withdraw her case at any stage of proceedings, with the exception of five acts of violence against women which the State must act on, irrespective of whether a complaint is filed or subsequently withdrawn. These are the crimes of rape, enforced prostitution, publicising the identity of a victim, burning or the use of chemical substances and forced self-immolation or suicide – commonly referred to as the ‘five serious violence against women offences'" (Pg 16).
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: DV-PRACTICE-1

"'When I went to the police with my father, the police instructed me many times to withdraw the case before it went to the prosecutor. I told them that I would never accept mediation, I want my husband to receive punishment because he beat me for two years. I told the police that many relatives and village residents had tried to mediate the case a hundred times. Now, I want you to forward the case to the prosecution. The police officer told me ‘we are the police and you are a woman, not my commander’. He tried to force me to withdraw my complaint but I resisted and my father...more
June 7, 2019, 11:46 a.m.
Countries: Afghanistan
Variables: LRW-PRACTICE-1

"Violence against women – murder, beating, mutilation, child marriage; giving away girls for dispute resolution (baad) and other harmful practices – remain widespread throughout Afghanistan, notwithstanding the Government’s concrete efforts to criminalise these practices2 and establish measures for accountability" (Pg 5).
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: MARR-PRACTICE-1

"The legal age for marriage under Afghan Law is 16 for girls and 18 for boys. A girl who is 15 years of age can be married with the consent of her father or a court of law,65 but under no circumstances may a girl under the age of 15 be married. Under the Law on the Elimination of Violence Against Women (EVAW, a national Afghan law), both forced and underage marriage are illegal and parents, relatives, or others who arrange forced or underage marriages are subject to prosecution and imprisonment. Underage marriage is prohibited by the EVAW law and is punishable by two to five years of imprisonment. Forced...more
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: NGOFW-PRACTICE-1

"As Afghanistan is moving towards 2014, the year that international troops are set to withdraw, the level of funding and support to Afghanistan human rights, women’s rights and civil society organizations is rapidly shrinking. Many groups, including FOSJ have had difficulty securing funding in 2012. Experience shows that donors’ commitment in Afghanistan is linked to the military presence of donor country troops, and if trends continue, particularly with a lack of funding for core costs of the organizations, the issue of sustainability particularly for small and middle size organizations becomes an issue" (Pg 24).
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: ATDW-LAW-5

"Laws governing marriage, divorce, and child custody in Afghanistan are discriminatory against women. While men can obtain divorce very easily, women must go to court and show just cause for divorce. These legal obstacles, among a multitude of others, deter women from attempting to find justice after suffering a forced or early marriage" (Pg 24).
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: SEGI-PRACTICE-2, SEGI-PRACTICE-3

"Increased insecurity has also resulted in threats against women’s rights organizations in Afghanistan, many of which are on the front-lines in the battle against forced/early marriage and other forms of culturally-justified violence against women. The threats are not only coming from the Taliban, but also from the very conservative elements and traditionalists within the Afghan society. Some women’s rights activists have already been killed for their work, others forced to flee the country, and many face threats and attacks on a daily basis" (Pg 24).
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: MARR-PRACTICE-7

"Once married, a bride immediately moves into her husband’s household, where hostility and physical and emotional abuse from the husband, his other wives, or his family are common" (Pg 22).
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: AOM-PRACTICE-1, AOM-DATA-2

"Nonetheless, underage marriage is commonplace in Afghanistan by all accounts: In one study conducted by Human Rights Watch, it is estimated that 70% to 80% of women in Afghanistan face forced marriages, while 57% of girls are married before the legal marriage age of 16. In that survey, the overwhelming majority of married women and girls said that they did not marry by choice. Most married women and girls interviewed for a Human Rights Watch report were married before the age of 18. Among the women interviewed, the youngest reported age of marriage was 10-years-old and the oldest age of marriage was 20.71 Out of 100,000 births, 820 result in...more
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: MARR-LAW-1

"The legal age for marriage under Afghan Law is 16 for girls and 18 for boys. A girl who is 15 years of age can be married with the consent of her father or a court of law,65 but under no circumstances may a girl under the age of 15 be married. Under the Law on the Elimination of Violence Against Women (EVAW, a national Afghan law), both forced and underage marriage are illegal and parents, relatives, or others who arrange forced or underage marriages are subject to prosecution and imprisonment. Underage marriage is prohibited by the EVAW law and is punishable by two to five years of imprisonment. Forced...more
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: AOM-LAW-1

"The legal age for marriage under Afghan Law is 16 for girls and 18 for boys" (Pg 21).
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: MMR-PRACTICE-1, MMR-DATA-1

"A study by the Ford Foundation concludes that 43% of girls are married by 18 years of age. This is closely related to the high material death date: Out of 100,000 births, 820 result in maternal death" (Pg 22).
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: ATC-DATA-1

Afghanistan ratified CEDAW on 5 March 2003 (Pg 49) (EJ - Coder Comment).
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: SEGI-PRACTICE-1

"Building on this opportunity for public engagement, FOSJ makes extensive use FOSJ makes extensive use of mass media (print, electronic, and radio) to engage in outreach. Radio is the primary means of communication since over 70% Afghans are still listening to the radio particularly in the rural areas of Afghanistan. FOSJ harnesses this media power, producing radio programmes, and also produced a feature film on forced and under aged marriage which was widely broadcasted through Afghan television. Unfortunately, the use of the media is becoming more expensive in Afghanistan for NGOs, as all media organizations are private and their charges for broadcasts of any campaign messages are almost impossible to...more
May 25, 2019, 3:39 p.m.
Countries: Afghanistan
Variables: NGOFW-DATA-1

"Our partner in Afghanistan is the Foundation for Solidarity and Justice (FOSJ). FOSJ challenges harmful traditional practices through a diversity of tactics, including education, rights trainings, networking and advocacy. FOSJ efforts particularly engage grassroots women, high school and university students, and law enforcement agencies" (Pg 21).