GLOBAL DATABASE ON VIOLENCE AGAINST WOMENCOUNTRY-PROFILEAFGHANISTANCEDAW
Afghanistan
Region: Asia / Population: 40,099M / Female Population: 19,845M
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Gender Inequality Index Rank
Global Gender Gap Index Rank
Lifetime Physical and/or Sexual Intimate Partner Violence
Physical and/or Sexual Intimate Partner Violence in the last 12 months
Lifetime Non-Partner Sexual Violence
Recommendations from the CEDAW Committee
GBV:
(1) Amend the Criminal Code to include provisions criminalizing all forms of gender-based violence against women; (2) Amend articles 22 to 39 of the Law on the Elimination of Violence against Women to introduce ex officio prosecution for crimes of gender-based violence against women and to make provisions for protection orders; (3) Ensure that all alleged violations of international human rights and humanitarian law, including conflict-related sexual violence, are investigated promptly, effectively and in a transparent manner in order to hold the perpetrators to account; (4) Ensure that all perpetrators of gender-based violence against women, including those of high social rank and public officials, police officers and members of the armed forces, are prosecuted and adequately punished; (5) Adopt gender-sensitive guidelines for the judiciary on the enforcement of the Law on Elimination of Violence against Women, gender-sensitive investigation and interrogation methods and measures to prevent and punish the concealment or destruction of evidence, including forensic evidence in cases of sexual violence, and investigate and adequately punish the acceptance of bribes by public officials; (6) Abolish the provisions in the Code of Criminal Procedure that place the onus for requesting protection on the victim; (7) Guarantee that women and girls who are victims of gender-based violence are provided with immediate access to effective remedies, shelter, legal assistance and reparation, including compensation; (8) Address cultural norms and discriminatory stereotypes that lead to social stigma associated with gender-based violence against women and girls through education, information and communication campaigns, in collaboration with civil society, women's organizations, traditional and religious leaders, and men and boys; (9) Secure adequate State funding for accessible shelters and protection centres for women throughout the country and support non-governmental organizations running shelters and providing support services to women who are victims of gender-based violence; (10) Ensure that the national consolidated case management database on violence against women and girls is made operational; (11) Increase the number of women judges assigned to units prosecuting violence against women and assign female police officers to family response units throughout the country, ensuring their protection, in particular in provinces and districts where security is poor; (12) Allocate adequate funding and strengthen coordination mechanisms to ensure the implementation of the strategy and national action plan for the elimination of violence against women for the period 2016–2020.
Trafficking:
(1) Collect and analyse data, disaggregated by sex, age, nationality, ethnicity and disability, on the prevalence of trafficking in persons within and from the State party; (2) Develop a standard operating procedure to ensure the early identification of trafficking victims and their referral to the appropriate services; (3) Provide mandatory training for judges, prosecutors, the police and other law enforcement officers at the local and provincial levels on the strict application of anti-trafficking legislation, the gender-sensitive treatment of victims and identification, protection and law enforcement strategies; (4) Ensure that adequate resources and funds are allocated for the proper care and rehabilitation, including through the provision of accessible shelters, of trafficking victims; (5) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the South Asian Association for Regional Cooperation Convention on Preventing and Combating Trafficking in Women and Children for Prostitution.
Harmul practices:
(1) Improve the collection and analysis of data, disaggregated by sex, age, disability and ethnicity, on killings committed in the name of so-called “honour”; (2) Decriminalize so-called “moral crimes”, such as adultery and running away from home, under the Criminal Code; (3) Raise awareness among traditional and religious leaders and communities, parents and the general public of the criminal nature of harmful practices and their impact on the capacity of women and girls to enjoy their rights; (4) Raise the legal age for marriage to 18 years for women and men, without exception, under the Civil Code and the Shia Personal Status Law; (5) Address the root causes of child marriage, such as poverty, the lack of security and poor education; conduct rights-based awareness-raising campaigns to prevent child marriage; and take gender-responsive action to improve income-generating and employment opportunities for households, in particular those headed by women; (6) Ensure that full budgetary provision is made to resource the national action plan for the elimination of early and child marriage for the period 2017–2021 and, in cooperation with civil society, to ensure that it is publicized and effectively implemented; (7) Engage with religious leaders to convey to their congregations a positive image of women as active participants in society, thereby reinforcing their rights and eliminating gender-based violence against women; (8) Prohibit so-called “virginity tests” and the use of their results as evidence in criminal proceedings.
Marriage:
(1) Repeal all discriminatory provisions against women, in particular articles 71 (1), 86, 135 to 145, 218, 252, 256, 268, 2007 and 2019 of the Civil Code and articles 91, 99 (2), 99 (3), 158 to 161, 132, 219 and 222 of the Shia Personal Status Law; (2) Ensure that the draft family law and the draft registration of marriage and divorce law provide for equal rights of women and men in all matters relating to marriage and family relations, in particular with regard to their responsibilities within the family, property and inheritance, divorce and the guardianship of children; (3) Raise women's awareness of their equal rights in marriage and family relations; (4) Ensure mandatory registration of all marriages, facilitate standard processes for marriage and divorce registration and ensure that all family law cases are adjudicated by civil or family courts rather than traditional justice mechanisms.
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