Implementation of the law on elimination of violence against women in afghanistan and its previous reports on violence against women and girls in. Designed by the alep team, this foundational course offers students a comprehensive overview of the. Awn, as the voice of the afghan women, pressurizes the leaders of afghanistan for legislative reforms to protect and promote womens rights and concerns. December 2010 study harmful traditional practices and implementation of the law on elimination of violence against women in afghanistan. That report documented widespread harmful practices against women and identified the evaw law as a key tool for combating violence that is often deeply rooted in traditional practices and attitudes. In may, for example, the afghan parliament held a debate in which some members criticized portions of the evaw law as unislamic specifically, its prohibition of child marriage, forced marriage and restrictions on womens access to health care and. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Objectives article 2 this law has the following objectives.
In this report, i intend to take a more critical look into medica afghanistans practise of dealing with. The 2009 elimination of violence against women evaw law which remains the main legislative tool for protecting women from violence. Article 20 of the law on elimination of violence against women evaw laws to avert burning or using chemical substances to injure women. The elimination of violence against women evaw law, promulgated by president hamid karzai in 2009, criminalizes rape for the first time in afghanistans history. In the last three decades, the country has been occupied by communist soviet troops and usled international forces, and in the years in between has been ruled by militant groups and the infamous oppressive islamic taliban. Throughout the changing political landscape of afghanistan in the last fifty years, womens rights have been exploited by. Afghanistan elimination of violence against women evaw. Jan, 2015 the bill, known as the elimination of violence against women evaw law, was decreed into law through an executive order by then afghan president hamid karzai on july 20, 2009, when parliament was.
Unama welcomes afghan report on evaw law, calls for full. Since the first ten evaw law cases back in 20092010 when the law was initially passed, the lawyers have expanded their caseload to over 361 prosecution, defence and civil cases in 20142015. Elimination of violence against women in afghanistan australian. The state is now legally obliged to protect women from violence including forced and underage marriage and physical and verbal abuse. Islamic republic of afghanistan ministry of justice. On august 20, 2008, the american university of afghanistan auaf in kabul inaugurated the firstever class of its new legal curriculum. This law has been enacted in accordance with article 48 of the constitution of afghanistan to regulate and clarify the obligations, rights, privileges and social security of employees. In july 2015, the government of afghanistan launched its first unscr25 national action plan nap. The report updates findings presented in unamas december 2012 report still a long way to go. Interior moi and incorporation of the training manual into moi. The terrain of afghanistan is dominated by rugged mountain ranges, which generally run from the northeast to the southwest. Introduction this report is the 4th evaw report from a series of evaw reports dating back to 2011, shortly after the enactment of evaw, as follows.
Introduction to the law of afghanistan legal studies 200. Afghanistan rule of law project checchi and company consulting, inc. Muslim women need access to law that is the most just to them. Womens access to justice in afghanistan united states institute of.
Against women evaw law, violence against women, particularly domestic. The evaw law lists 22 acts considered to be violence against women, including abuse, harassment, beating, giving baad, forced and underage marriage, and deprivation of property and inheritance. May 29, 2018 the evaw law adopted in 2009 is a progressive law within the afghan context. Several new business laws have been enacted since the adoption of the 2004 constitution, and as of 2008, others were in the process of being drafted. It provides protection for women against violence as well as forced marriages, underage marriages and polygamous relationships. The evaw law prescribes a penalty of 10 to 15 years imprisonment for conviction of forcing an underage girl into prostitution. The evaw law adopted in 2009 is a progressive law within the afghan context.
Background information recent history afghanistan won independence from notional british control through the 1919 treaty of rawalpindi. The 2009 elimination of violence against women evaw law which. This law prevails if provisions of other laws contradict it. Library of congress federal research division country profile.
Afghanistan, global rights 2008 article 16 of the evaw law 1 the evaw commission shall have the following duties and responsibilities. In addition to a broad approach to the issue of violence against women, including their harassment, the law also addresses forced and early marriage as well as polygamy for the first time in afghan legal history see this aan analysis here. Further investment development, sector activity mapping, and a rapid. Fighting for womens rights in afghanistan crisis group. Law on elimination of violence against women evaw chapter one general provisions basis article 1 this law has been enacted in accordance with the provisions set forth in articles 24 and 54 of the afghan constitution. Many worried that debating the elimination of violence against women evaw law in parliament might backfire. In 2009, the elimination of violence against women evaw was signed into law.
Provisions of this act are applicable in letter and spirit. The country existed as a monarchy until 1973, when a nonviolent coup deposed afghanistan s last king and established a republic. The bill, known as the elimination of violence against women evaw law, was decreed into law through an executive order by then afghan president hamid karzai on july 20, 2009, when parliament was. Legislative developments within the last year have set back efforts to curb violence against women and girls, the reports authors said. Afghan labor law and to increase the understanding and awareness of the new law and other internationally recognized core labor standards among members of the judiciary, workers, employers, and the general public of afghanistan. This guide to law online afghanistan contains a selection of afghan legal, juridical, and governmental sources accessible through the internet.
Moreover, awn represents and promotes the voices and perspectives of the afghan women in political and social arenas through its advocacy and lobbying department. Law on elimination of violence against women evaw refworld. May 26, 20 the shelters described by the laws opponents as places where women get raped or prostituted have become totemic of the whole law, singled out as an unislamic, western attack on afghanistan itself. The other part of the law that has come to the notice of its critics is criminalising rape, but not mentioning consensual adultery, which. The law was passed by presidential decree on the 20th of july 2009. Under article 79 of the constitution of afghanistan i hereby, endorse as a legislative decree, the labour law that has been approved by the council of ministers through approval no 35 dated. Law and wider evaw sector in afghanistan, elimination of violence against women. The elimination of violence against women evaw law, promulgated by president hamid karzai in 2009, criminalizes rape for the first time in afghanistan s history.
Evaw elimination of violence against women the evaw law hqn haqqani network hrw human rights watch. In this report, i intend to take a more critical look into medica afghanistan s practise of dealing with. Mountains occupy all but the northcentral and southwestern regions of the country, which are dominated by plains. Afghanistan, vowing to expand military operations to target criminal and terrorist networks, pressure pakistan to end support for afghan insurgents, and set no timetable for withdrawal. Presidential decree of the islamic emirate of afghanistan concerning enforcement of the labor law of the islamic emirate of afghanistan. Six years after the enactment of the evaw law, levels of violence against women continue to increase. Study and evaluate causes of violence in the country and under taking appropriate supportive measures in this regard.
However, even such a brief debate brought he existence of the law to the publics attention and. Civil law of the republic of afghanistan civil code. The role of womens voice and influence in the evaw law process 20 5. Under the evaw law, those who enter into or arrange forced or underage marriages are subject to imprisonment for not less than two years, but implementation of the law was limited. That means that the evaw law must apply, even if other laws conflict or disagree with it. The evaw law in medica afghanistans legal aid practice. In afghanistan, samesex relations are punishable by 5 to 15 years in prison under a law that bans all sex between individuals not married to each other. Article 20 of the law on elimination of violence against women evaw laws to avert burning or using chemical substances to injure women afghanistan. Under article 79 of the constitution of afghanistan i hereby, endorse as a legislative decree, the labour law that has been approved. Glossary term definition source baad marrying a woman to someone as blood money or for the purpose of bringing peace and reconciliation among the families regarding murder, sexual assault or. Addressing violence against women in afghanistan world health.
Evaw law from october 2012 to september 20 by afghan judicial and law enforcement authorities. Afghanistan and the dfat thematic report on hazaras in afghanistan, both published on 18 september. The evaw law in medica afghanistan legal aid practice report june 20 which covered the period between january 2011 and july 2012 first report an analysis on the use of the elimination of violence against women law in medica. The evaw law is considered a very progressive law within the context of afghanistan. Known as the environment act, the law clarifies administrative roles at the national level and coordination with provincial authorities. Afghanistan ratified the convention on the elimination of all forms of discrimination against women without reservations in 2003. Family law in afghanistan family law today in afghanistan. Family law today in afghanistan for sunni muslims in afghanistan, family law is governed by the civil code of 1976, which is drawn from the french civil code, and from egyptian law, but with roots going back to the first marriage law in afghanistan in the 1920s. The main agency responsible for development, monitoring and evaluation of the nap is the steering committee headed by the ministry of foreign affairs.
Dotted and dashed lines on maps represent approximate border. As afghanistans economy has evolved, so has its commercial law. Widespread violence yet perpetrators go unpunished. Legislation online ministry of womens affairs, afghanistan pdf of decree in english doc. Elimination of violence against women in afghanistan. According to the 20102011 afghanistan multiple indicator.
Unama welcomes afghan report on evaw law, calls for full implementation kabul while welcoming the first report of the government of afghanistan on the implementation of a landmark law that seeks to stem violence against women, a senior human rights official with the united nations assistance mission in afghanistan unama reiterated a call. The evaw law in medica afghanistan legal aid practice report june 20 which. Eight months later, however, on 18 december 2005, the afghan cabinet approved legislation that for the first time gives afghanistan the legal power it needs to begin bettering its environment. Drafting preach and public awareness programs for the purpose of. Policy congressional research service 1 background afghanistan has a history of a high degree of decentralization, and resistance to foreign invasion and occupation. In many ways, afghanistans commercial legal system is still in the early stages of a rebuilding process. The support to rule of law programs for afghanistan project aims to enhance access to legal aid professional legal counseling and civilcriminal defense, social protection services professional family counseling and mediation, and social inclusion reintegration into family or society for atrisk afghan women and girls. Based on provision of article 79 of the afghan constitution, i hereby, endorse the law on elimination of. Afghanistan 15 february 20 the main text of this coi report contains the most up to date publicly available information as at 15 october 2012. The elimination of violence against women evaw law is an afghan law passed by.
The role of women in the economic development of afghanistan. The project aims to establish best practices that can be of immediate benefit as well as nationally. Labor law chapter 1 general provisions the basis article 1. Afghanistan has been one of the worst countries in the world to be born female. The provisions of this law shall apply to persons working abroad in the diplomatic missions or other state agencies of afghanistan, and persons working in domestic or foreign international organizations inside the country. Taking possession of a child for sexual exploitation or production of pornographic films or images constitutes trafficking in persons under the tip law regardless of whether other elements of the crime are present.
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