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. Evaw presidential decreecommonly referred to as the evaw lawobliges police to arrest persons who abuse women. The rule of law in afghanistan edited by whit mason. Dec 30, 2016 afghanistans elimination of violence against women law evaw was passed in 2009. Enacting of evaw law is however, the most important steps toward respecting human rights in afghanistan. Ignorance from the law is a major problem in realization of the law. However many think the evaw laws definition of rape as forced zina or. Each day young girls would hide all their school supplies, such as books. Since the 2001 overthrow of the taliban government in afghanistan. The attempt to get the afghan parliament to ratify a key law on. Unama notes that the current evaw law remains in place and continues to provide overall legal protection for women, and remains committed to facilitating dialogue on ways to strengthen the. Annex 2a afghan legal framework in support of equal rights and non. The afghanistan independent human rights commission documented more than 4,000 cases of violence against women from march 21 to oct. However, even such a brief debate brought he existence of the law to the publics.
But only enacting of the law doesnt mean that we reach our goal and women rights will be completely respected. Brought out onto the streets by the evaw law, they cursed not only this. Both in the text and in over a hundred illustrations, he identifies the major patterns of afghan history, society, and culture as they have developed from the stone age to the present. Those committing crimes of hodod, qessass and diat shall be punished in accordance with the provisions of islamic religious law the hanafi religious jurisprudence. Afghan officials believe they need to soften the law in order to attract more foreign investment. Article 20 of the law on elimination of violence against women evaw laws to avert burning or using chemical substances to injure women afghanistan 2009 type of measure. Bingham t 2009 the rule of law, penguin law 2011, at 8 and 67. Evaw law from october 2012 to september 20 by afghan judicial and law enforcement authorities.
The elimination of violence against women evaw law, passed in 2009, was a centerpiece of efforts to improve protection for afghan women. The annual report by the united nations assistance mission in afghanistan unama and the united. Find the top 100 most popular items in amazon books best sellers. Many worried that debating the elimination of violence against women evaw law in parliament might backfire. The penal code, in 2 books, consisting of 8 sections and 523 articles, which has been affixed with the seal of the secretariat, is approved. First report on the implementation of the elimination of violence against women evaw law in. If the law banning relatives testimony goes through, what fragile gains that have been made in evaws implementation may be undercut. Afghan womens rights under threat razeshta sethna global. In addition, there is complex legislation which stems from different historical periods. Best nonfiction war books, around the world one book from each country, best iraq and afghanistan war books, best books on special forces m. Showing why afghan activists often chose to use the leverage of.
Implementation and awareness of the evaw law was limited, however. The new criminal procedure code poses a serious threat to critical protections for women and girls embodied in afghanistans groundbreaking law on elimination of violence against women evaw. First report on the implementation of the elimination of violence against women evaw law in afghanistan. But the controversies around the evaw law show that there are no. 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. For afghan legal history, see section 3 of this bibliography. The report updates findings presented in unamas december 2012 report still a long way to go. Honor killings in afghanistan and pakistan the diplomat. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics.
How, despite the enormous investment of blood and treasure, has the wests tenyear intervention left afghanistan so lawless and insecure. Womens rights in afghanistan have been varied throughout history. The decision of the council of ministers, which has received the approval of the. The afghan authorities, as evident from the unama reports, exacerbate the.
Womens access to justice in afghanistan united states institute of. The ensuing civil war saw massive trauma for afghan women when thousands were raped andor murdered. Afghanistan is bordered by iran on the west, by pakistan on the east and south, and by turkmenistan, uzbekistan, and tajikistan on the north. Dec 11, 20 kabul, afghanistan when, in late november, i read a draft law prepared by afghan government officials that reintroduced execution by stoning as the punishment for the crime of adultery. Law on elimination of violence against women evaw 2009 issue no. Since these references cover a broader survey of afghan law, they necessarily go into less depth. Analysis from medica mondiale, published 09 jul 20. This law criminalized harmful practices such as rape. Jun 08, 20 the afghanistan independent human rights commission documented more than 4,000 cases of violence against women from march 21 to oct. The evaw law is a very progressive law within the afghan context. 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. The elimination of violence against women evaw law is an afghan law passed by.
On paper, this law seems holistic and allencompassing. Thus, they provide ideal introductions to the afghan legal system. Afghanistan constitution and citizenship laws handbook. 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. The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates western societies from the benighted ones in which they increasingly intervene. Widespread violence yet perpetrators go unpunished. Besides a broad approach to violence against women, including the harassment of women, the law also addresses forced and early marriage, as well as polygamy. The law regulates the ta zeeri crime and penalties. In the end, the speaker cut short the discussion and sent it into the shadows of a parliamentary committee for further discussion. Some of the best books out there about the wars in iraq and afghanistan score a books total score is based on multiple factors, including the number of people who have voted for it and how highly those voters ranked the book.
Opinion in afghanistan, women betrayed the new york times. Mixed results on implementation of the evaw law over past year. The other part of the law that has come to the notice of its critics is criminalising rape, but not mentioning consensual adultery, which. Discover the best afghan war military history in best sellers. New strategy launched to effectively implement evaw law. Afghan women imprisoned by their culture washington post. It has developed over centuries and is currently changing in the context of the rebuilding of the afghan state. Overview this section lists references that encompass several areas of afghan law. May 29, 2018 the evaw law adopted in 2009 is a progressive law within the afghan context. The united states trains police in communitybased policing and protecting human rights, especially womens and childrens rights.
December 2010 study harmful traditional practices and implementation of the law on elimination of violence against women in afghanistan. Download afghanistan law ebooks, law acts, law articles. Under afghan law, females all across the country are permitted to drive. Evaw is not the only law under threat in afghanistan today. The legal system of afghanistan consists of islamic, statutory and customary rules. The afghan elimination of violence against women law evaw law, which was passed in 2009, is the first law in afghanistan to criminalise. 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. Islamic principles and afghan legal traditions complicates the already complex. In 2009, the afghan government formulated groundbreaking legislation called the law on the elimination of violence against women evaw. The law is a milestone in relations to women rights.
As at 2016, the evaw law had not yet been approved in parliament. The 16 days of activism against genderbased violence is an annual global campaign aimed at raising awareness about the causes and consequences of violence against women, while. The evaw law is considered a very progressive law within the context of afghanistan. Almond garden, portraits from the womens prisons in afghanistan published by daylight books, april 2015. For years, the wisdom of presenting the evaw law to parliament for ratification has split afghanistans womens rights community, with the majority seemingly strongly against the idea. The evaw law in medica afghanistans legal aid practice. The princeton legacy library uses the latest printondemand technology to again make. Jun 20, 20 afghan womens rights under threat this article is more than 6 years old opposition to a draft law aimed at curbing violence against women bodes ill for human rights in afghanistan. Government began working more closely with afghanistans informal justice sector, which in the absence of formal district courts has been the primary vehicle for rule of law in most provinces. Aan bibliography aan ebooks afghan government documents elections. News, opinion and commentary general interest printer friendly 34,357,231 articles and books. Legislative developments within the last year have set back efforts to curb violence against women and girls, the reports authors said. Afghan womens rights under threat this article is more than 6 years old opposition to a draft law aimed at curbing violence against women bodes ill for human rights in afghanistan.
Sometimes the hardest part of going to war is coming home by. The evaw law is considered landmark legislation towards better protecting the rights of women in afghanistan. List of books and articles about afghan history online. The supreme law of the land is the constitution of afghanistan. The evaw law is meant to criminalize acts of violence against women including rape, domestic violence, child marriage, forced marriage, and the exchange of women in blood feuds. The afghanistan analyst law bibliography 4 th edition january 20 compiled by. The mineral law also faces revisions that would erode its social and environmental considerations. 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. 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.
Afghan women reporters, seizing on global trends, empower. Study and evaluate causes of violence in the country and under taking appropriate supportive measures in this regard. Afghanistans elimination of violence against women law evaw was passed in 2009. This guide to law online afghanistan contains a selection of afghan legal, juridical, and governmental sources accessible through the internet. 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. Objectives article 2 this law has the following objectives. Elimination of violence against women in afghanistan. The afghan governments promotion of impunity, for warlords and others. The annual report by the united nations assistance mission in afghanistan unama and. Britain must speak out forcefully to safeguard womens rights in afghanistan as fears grow that the fragile gains made during years of usled military intervention may be rolled back. Britain urged to give unstinting support for womens.
Important origins of contemporary afghan criminal law arose during the. This report maps how afghan women seek justice when their rights are. Afghanistan, global rights 2008 article 16 of the evaw law 1 the evaw commission shall have the following duties and responsibilities. The afghan elimination of violence against women law evaw law, which was passed in. Drafting preach and public awareness programs for the purpose of. Based on provision of article 79 of the afghan constitution, i hereby, endorse the law on elimination of. Nov 25, 2017 the evaw law is meant to criminalize acts of violence against women including rape, domestic violence, child marriage, forced marriage, and the exchange of women in blood feuds. Unama welcomes afghanistans new penal code calls for. Mowa islamic republic of afghanistan ministry of womens affairs. Browse the amazon editors picks for the best books of 2019, featuring our favorite reads in more than a dozen categories. The evaw law adopted in 2009 is a progressive law within the afghan context. The ancient land and the modern nation of afghanistan are the subject of louis duprees book. Kabul, afghanistan when, in late november, i read a draft law prepared by afghan government officials that reintroduced execution by stoning as the punishment for the crime of adultery.
Hatem elliesie, rule of law in afghanistan, in u nderstanding of the r ule of l aw in. Implementation of the law on elimination of violence against women in afghanistan and its previous reports on violence against women and girls in. Brill 1985, available at books overview of the afghan legal system, as it existed prior to the overthrow of najibullah and the rise of the taliban. Timothy mathews juris doctor, 2011 university of maine school of law timothy. Law on elimination of violence against women evaw refworld. Afghanistan regulation, decree, ordinance decree of the president of the islamic republic of afghanistan on noninterference in the electoral affairs of elections, 88 2009. Books and articles explain the fundamentals of the current afghan legal system. Nov 29, 20 for years, the wisdom of presenting the evaw law to parliament for ratification has split afghanistans womens rights community, with the majority seemingly strongly against the idea.
List of books and articles about women in afghanistan. In 2009, the elimination of violence against women evaw was signed into law. Article 2 crime only according to law no act shall be considered crime, but in accordance with. Sep 06, 2015 almond garden, portraits from the womens prisons in afghanistan published by daylight books, april 2015. However, even such a brief debate brought he existence of the law to the publics attention and. After the soviet withdrawal from afghanistan, the winning military forces, the mujahadin, found themselves split among several factions of varying political and religious outlooks.
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