Violence in Afghanistan is increasing; the number of civilian casualties during 2018 increased by 11% from the previous year, the highest in a decade.

Today, Afghans rank the quality of their own lives lower than any other population in the world according to a Gallup Poll. Women and girls, who historically face intersectional discrimination in such circumstances, are especially affected. The continuous cycle of violence has resulted in Afghanistan being ranked as the most dangerous place in the world to be a woman.

Afghanistan is listed among the countries with the highest levels of gender inequality, stemming mostly from strict interpretations of the Quran and extreme measures taken by the Taliban under their rule. This extreme inequality was displayed in numerous discriminatory laws, some of which have not yet been abolished. The rights of women in marriage, in particular, are violated from the union’s beginning to its end.

The United Nations has called on Afghanistan to urgently implement its obligations under the Convention on Elimination of Discrimination against Women (CEDAW) as “the most effective safeguard to ensure the full respect and enjoyment of women’s rights.”

WHAT OBLIGATIONS ARISE UNDER CEDAW?

Afghanistan ratified the CEDAW in 2003 without reservations. The CEDAW outlaws discriminating behaviour that is degrading towards women on the basis of their sex, and instills both positive and negative obligations for a state party. This includes eliminating discriminatory laws and ensuring the practical realisation of non-discrimination (article 2). Other obligations under the CEDAW are; ensuring equal protection under the law and equal access to justice (article 15), prohibition of child marriage, the right to freely choose a spouse, and the same rights during marriage and its dissolution (article 16).

FORCED MARRIAGES, DOMESTIC ABUSE, INABILITY TO DIVORCE AND CHARGES OF MORAL CRIMES

The Afghan state has not adequately met its obligations under the CEDAW in the almost 17 years since its ratification. Bride price and forced marriage are common practices in Afghanistan, with 57% or marriages involving girls under 16. Girl are often traded as compensation for a feud, murder, violence, or to settle a debt. Despite this being explicitly prohibited in the 2009 Elimination of Violence Against Women Law (LEVAW), a landmark commitment by Afghanistan to ensure gender equality, it is still practiced in up to 92% of marriages in conservative regions. Forced marriages are shown to have severe consequences for women. A Global Rights survey on women’s access to justice in Afghanistan demonstrates that 90% of women in Afghanistan have experienced domestic abuse.

Divorce in Afghanistan is, in general, the right and authority of the man. Women on the other hand, may only request divorce under a few circumstances; such as if the husband fails to provide support, if he is absent for three or more years, or if intercourse would be harmful. In practice, the circumstances for divorce are even stricter and is usually only allowed when extreme violence occurs that is seen as violating local norms or conceptions of Islamic law.

Not only are women in Afghanistan frequently not allowed to divorce, but there still exist extremely harsh sentences, such as capital punishment or 15 years imprisonment, for being charged with “crimes” such as attempted adultery, moral crimes, or running away from your abusive husband or family.

Even though Afghan officials have issued directives stating that “running away” is not a crime under Afghan law, judges, law officials, and attorneys still use charges of moral crimes or attempted adultery to prosecute women fleeing from abuse, rape, or violence at home. Charges of committing a moral crime are in fact so common that almost half of all adult female inmates in Afghanistan, and almost all teenage girls, are imprisoned for moral crimes. 

AFGHANISTAN MUST ABOLISH DISCRIMINATORY PRACTICES

Due to these discriminating laws and social practices, most women in Afghanistan are not aware of their rights in marriage under international human rights treaties. The state has an obligation to inform its population about these rights, as well as to enforce substantive equal treatment and equal outcomes for both men and women. Afghanistan must abolish discriminatory laws and sanction those individuals and institutions who perform discriminatory practices. Violence in Afghanistan appears to be on the  rise. It is more vital than ever to uphold the small legal improvements in support of women’s rights, such as Elimination of Violence Against Women Law (LEVAW), that have taken place since the fall of the Taliban regime.

Isabella is Masters student of human rights at Uppsala University in Sweden. She focuses on women’s rights, as well as humanitarian and conflict studies.

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