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Legislative, institutional and policy reforms to combat violence against women in Afghanistan

Since the fall of Taliban regime in 2001, the government of Afghanistan, in a bid to promote human rights and specifically women’s rights, made several legislative and institutional advances. These included the establishment of the Afghanistan Independent Human Rights Commission (AIHRC) as a nationa...

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Autor principal: Qazi Zada, Sebghatullah
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Springer India 2020
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7433680/
http://dx.doi.org/10.1007/s40901-020-00116-x
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author Qazi Zada, Sebghatullah
author_facet Qazi Zada, Sebghatullah
author_sort Qazi Zada, Sebghatullah
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description Since the fall of Taliban regime in 2001, the government of Afghanistan, in a bid to promote human rights and specifically women’s rights, made several legislative and institutional advances. These included the establishment of the Afghanistan Independent Human Rights Commission (AIHRC) as a national human rights institution, Ministry of Women’s Affairs, Departments of Women’s Affairs and Gender, Human Rights Units in various ministries and the passing of the Law on Elimination of Violence against Women (EVAW Law) through a Presidential Decree in 2009. Afghanistan is a signatory to several international human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). International treaties and Conventions to which Afghanistan is a signatory forbid all types of discrimination against girls and women and oblige Afghanistan to eliminate all types of discrimination, violence and other possible detrimental practices against women. This paper aims to critically analyse the international obligations of Afghanistan concerning violence against women and the necessary legal and institutional amendments for providing better protection for such victims. This paper has pursued a reformist agenda to eliminate violence against women, which is largely caused by weaknesses in Afghanistan’s legal, institutional and policy frameworks regarding women. The existing legal environment in Afghanistan comprises three incoherent sources of law—State legal code, customary practices and Islamic sharia law. Adopting and implementing the recommendations are likely to contribute significantly to the emancipation of women in Afghanistan. Thus, as part of the reformist agenda adopted by this paper, violence against women warrants urgent legal, institutional and policy reforms.
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spelling pubmed-74336802020-08-18 Legislative, institutional and policy reforms to combat violence against women in Afghanistan Qazi Zada, Sebghatullah Indian Journal of International Law Article Since the fall of Taliban regime in 2001, the government of Afghanistan, in a bid to promote human rights and specifically women’s rights, made several legislative and institutional advances. These included the establishment of the Afghanistan Independent Human Rights Commission (AIHRC) as a national human rights institution, Ministry of Women’s Affairs, Departments of Women’s Affairs and Gender, Human Rights Units in various ministries and the passing of the Law on Elimination of Violence against Women (EVAW Law) through a Presidential Decree in 2009. Afghanistan is a signatory to several international human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). International treaties and Conventions to which Afghanistan is a signatory forbid all types of discrimination against girls and women and oblige Afghanistan to eliminate all types of discrimination, violence and other possible detrimental practices against women. This paper aims to critically analyse the international obligations of Afghanistan concerning violence against women and the necessary legal and institutional amendments for providing better protection for such victims. This paper has pursued a reformist agenda to eliminate violence against women, which is largely caused by weaknesses in Afghanistan’s legal, institutional and policy frameworks regarding women. The existing legal environment in Afghanistan comprises three incoherent sources of law—State legal code, customary practices and Islamic sharia law. Adopting and implementing the recommendations are likely to contribute significantly to the emancipation of women in Afghanistan. Thus, as part of the reformist agenda adopted by this paper, violence against women warrants urgent legal, institutional and policy reforms. Springer India 2020-08-18 2021 /pmc/articles/PMC7433680/ http://dx.doi.org/10.1007/s40901-020-00116-x Text en © The Indian Society of International Law 2020 This article is made available via the PMC Open Access Subset for unrestricted research re-use and secondary analysis in any form or by any means with acknowledgement of the original source. These permissions are granted for the duration of the World Health Organization (WHO) declaration of COVID-19 as a global pandemic.
spellingShingle Article
Qazi Zada, Sebghatullah
Legislative, institutional and policy reforms to combat violence against women in Afghanistan
title Legislative, institutional and policy reforms to combat violence against women in Afghanistan
title_full Legislative, institutional and policy reforms to combat violence against women in Afghanistan
title_fullStr Legislative, institutional and policy reforms to combat violence against women in Afghanistan
title_full_unstemmed Legislative, institutional and policy reforms to combat violence against women in Afghanistan
title_short Legislative, institutional and policy reforms to combat violence against women in Afghanistan
title_sort legislative, institutional and policy reforms to combat violence against women in afghanistan
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7433680/
http://dx.doi.org/10.1007/s40901-020-00116-x
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