Violence Against Women in Afghanistan: Forms, Consequences and Legal Basis for Protection

This briefing paper explores the issue of violence against women in Afghanistan, including its forms, consequences, and legal basis for protection. It discusses the prevalence of violence against women in Afghanistan, including physical, sexual, psychological, and economic violence, and the impact of the Taliban's takeover on women's rights.

Global Heath and Sustainability

Table of contents
ISSUE..............................................................................................................................................1
BACKGROUND.............................................................................................................................1
CURRENT STATUS:.....................................................................................................................2
KEY CONSIDERATIONS.............................................................................................................3
OPTIONS........................................................................................................................................9
CONCLUSION AND RECOMMENDATIONS............................................................................9
REFERENCES..............................................................................................................................13

ISSUE
Violence against women is regarded as one of the issues related to human right which is
of serious concern. Women’s and girls’ rights comprise of entitlements that are claimed for
women around the world. However, the situation related to women’s rights in is of great concern.
Women in are suffering violence which is on a constant rise. They are at risk of targeted attacks.
Also, the violence against women tends to increase during the time of crises ( crisis, 2021). The
present briefing paper explores the issue of violence against women.
BACKGROUND
At least one form of abuse is experienced by majority of women in. The community
widely accepts and tolerates violence against women. This ranges from all forms of abuse such
as verbal, psychological and physical. Here have been several cases of unlawful killings of
women as well. Right from the infancy, the girls and women are taught to be under the authority
of their fathers and husbands. The families tend to limit the ability of the girls and women to
exercise their economic and social independence both pre and post marriage. Most of the married
females in are forced to endure abuse (Palwasha, 2021). Efforts to extricate and escape lead to
social stigma and isolation. This may also lead to honor killings by the relatives. Also females
who try to leave their abusive husbands are likely to face further abuse by doctors, police and
government officials. All these factors promote violence against women as they make their
position weaker by considering violence as acceptable. Furthermore, prevalence of centuries old
patriarchal rules in the form of customs and traditions further make the issue of violence against
women as more pronounced.
The illiteracy rate among women is also low which perpetuates the issue of violence.
Moreover, majority of women tend to have a mindset which considers abuse as acceptable.
Globally, the rate of violence against women is one of the highest in (UN raises issue of violence
against women, girls in, 2021). Various restrictions that are imposed on women which limit them
to use their rights and enjoy freedom have further increased the instances of violence against
them. Currently, in the year 2021, there is danger to female lives from the Taliban which has also
posed a threat to the human rights in different ways. In this regard it can be found that earlier
during the rule of Taliban, the women became vulnerable and were married to abusive men as
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their brothers and fathers who could protect them were killed (O’Leary and et.al., 2018). In
addition to this, the two factors namely conflict and poverty led to underage marriages, which
further perpetuated the domestic violence. The violence against women have increased in the
ruling of Taliban. Women in his rule were denied from getting education or to work or get any
kind of formal employment. During his five years of ruling women were put under house arrest
and they were also forced to shut their windows and doors so that no one is able to see them.
Recently, Taliban have seized the country and took control of it. It have enhanced the violence
and discrimination against women. It have increased these issues and made it difficult for women
to survive in Afghanistan.
Since 2001, there have been legal reforms in with regards to women and girls. In the year
2009, Elimination of Violence Against Women (EVAW) Law was decreed which was
considered as the most important law (Corboz and et.al., 2019). The law made 22 acts of abuse
against women as criminal offences. However, the law could not be implemented holistically as
the women are deterred by the judges, police and prosecutors from filing complaints.
CURRENT STATUS:
Recently the transfer of power from the government of Afghanistan have caused several
consequences to the people living in Afghanistan, especially the women. Several cases of
violence against women since then have been reported. There have been many reports which
show that women and children are being victims and they are the prime target for violence.
Women are facing rising levels of abuse, domestic violence and exploitation. There have been
attack on schools and villages which have impacted the number of girls gaining education in
Afghanistan (Chauhan and Jungari, 2021). It is assumed that a large number of children mostly
the girls will miss out their education. Afghanistan girls are too feared to go to schools. The fear
is so much that the world have stated saying that Afghanistan is the worst place for a girl to live
in.
The recent event of power transfer have racked the decades of war and dreath of
resources. Women are struggling to live with respect or dignity. There is no or very little
government support and the dwindling international aids. The situation is getting worse day by
day. The government says they are providing as much help they can and also they priorities
women. However, according to the women in Afghanistan, this is not the case. They are not
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being prioritized or provided help (Qazi Zada, 2021). People from all over the world provide the
services and pay but that support or help does not reach to women. Corruption and monsters of
war eats them. As per the views of activities, the Afghanistan administration has failed to take
the responsibility of proving the women their basic rights. In a recent case, a 27 years old girl
was beaten to death by a mob because she was falsely accused of burning the Quran. There as no
evidence of the accused and even the government did just a little to mete out the justice.
However, even here it failed to take in account the demands for having more actions to deal with
crimes against women.
Several cases like this are emerging where women are being the victims of a war which
they were never a part of. Due to the violence against women in Afghanistan, the suicide rates in
women are also increasing. However, it is also assumed that these are the cases which are
reported, but there are a number of cases which gets unreported on the daily basis. Women were
never safe in Afghanistan, but the takeover of Afghanistan by Taliban have put their lives in
anger (Zada, 2021). It has threatened their human rights as well. Women have a long history of
violence in Afghanistan even before the takeover. Most of the women have faced domestic
violence from their partners. In the process of leaving the abusive partners and families they get
further abuses from the parties from which they are suppose get help from such as government
officials, doctors and police as well. The safe houses for women in Afghanistan have been
considered as shameful and immortal by Afghan society.
KEY CONSIDERATIONS
As from the reports, Afghanistan have the highest rates of violence against women in the
whole world. Another important consideration is that due to the violence against women has
increased the restriction in women in their rights and enjoyments (True, 2020).
Forms of violence
The violence against women in common in Afghanistan, but some states of the country
reports major violence than the others. The violence is not only limited to physical violence. The
violence against women in Afghanistan have been reported to have categories such as sexual
violence, verbal violence, psychological violence and economic violence as well. There are
various others forms of violence as well such as lack of access to their safety. The physical
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violence is clearest and most serious violence against women. Its increasing level is a concern for
the country and the world as well. There were various cases witnessed which described various
cases of physical violence such as kicking, slapping, burning with boiling water, beating and
hitting with stones. Other cases involved poisoning, pulling out hair (Brysk, 2018). Some cases
involved crimes which were committed with the use of pocket knife, weapons and knifes etc.
These are some most shocking type of physical violence which results in death of women and
honor killing.
Sexual violence is another kind of serious crimes against women in Afghanistan. A
number of girls and women have been victim of these crimes. Even the media repeatedly shows
the number of these crimes, however the real number of these crimes is still not disclosed. As in
Afghanistan discussing the sexual issues is considered as a taboo (Larson, 2021). So most of
these crimes goes unreported. So publication of these crimes is prevented and kept as a secret.
The form of sexual violence can be forced abortion, ill treatment, forced prostitution, sexual
affair and sexual degradation. In Afghanistan the sexual violence have serious, painful and
negative cultural, economic, emotional and cultural impacts on women. Despite of serious
consequences of these crimes such as unwanted pregnancy, physical injuries and AIDS, women
are the one who are shamed in society.
The psychological and verbal violence is also a common issue in Afghanistan. There is
very attention paid to this form of violence. It affects negatively on the mental health of victim.
These violence might include insults, threats and humiliation which can affect the sprit, emotions
and character of women very seriously and leave adverse consequences on their personal and
social life. It makes them discouraged, frustration, anxiety, stress, hatred against others and
isolation as well. It makes women more vulnerable towards their life and other challenges which
they face. Most of the time, this violence happens between the family and community. It can take
form of street harassment which puts women in difficult and dangerous situation (Naseer, 2019).
The reasons why most of these crimes goes unreported are due to fear of consequences, lack of
access to support or consideration of this issue is considered as a normal issue in society. The
verbal violence involves the threats to divorce, insults, attribution of charges, threat to pending
destiny, rape committed by relatives, threat to expulsion from home and threat to murder etc.
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Economic violence is another kind of violence which is not paid attention to. It involves
lack of economic independence to women in a family. In Afghanistan, women usually depends
upon their husbands and also enjoy low economic status than man in society as well. Women are
made to stay away from the decision making process in family. They are no considered apart of
important decisions taken in a family. This violence’s roots are based in the traditions of
Afghanistan. This is not considered as a violence because it is considered as tradition for a
women to depend upon her husband (Jewkes, Corboz and Gibbs, 2018). They are provided any
kind of freedom as well. Most of these cases involve prevention of women from education and
work, misappropriation of salary and wages, selling of personal property such as jewelry and
prevention of women from access to alimony as well.
Apart from these cases, there are various other forms of violence against women in
Afghanistan. The roots of violence against women in Afghanistan are based deeply from its
culture, patterns of society and its traditions. Women have rights to get education, right to work,
right to marriage and right to have access to health facilities, which are applicable to all the
women in the whole world (Payne, Burridge and Rahmani, 2019). However, women in
Afghanistan are restrained from these rights. Women are not allowed to pursue their education or
to get employment. The role of women in these cultures is to get married and give birth to
children. The culture have paved the way for forced marriage in early childhood and exchange
marriages as well. Due to these reasons, women in Afghanistan remain physically and mentally
underdeveloped. Problems like these force them to run away from home because honor killing,
trend of divorce and child marriages have taken huge trends in Afghan society. These problems
women so much that they tend to take their own lives.
Legal basis for protection:
For fighting against violence various legislations have been created to provide the support
and protection which these women needs (Debeljak, 2020). The protections and support have
ben stipulated in laws and international instruments which are described as follows:
International Human Rights Instrument: The Article 7 of Afghanistan constitution, the
government and administration have to follow inter-states treaties, international conventions and
UN charter as well (SAÇAR, 2017). The key instruments in Afghanistan for protection are:
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 International Covenant on Economic
 Social and cultural rights
 Universal Human Rights Declaration
 The Declaration of all kinds of Discrimination against women
 Child Rights Convention
 The declaration of Elimination of violence against women and
 The Convention on Elimination of Torture, degrading treatment and inhuman treatments
These are the provisions which are mentioned in instruments for the protection of rights of
women and also to eliminate the violence and discrimination against women (SAÇAR, 2017).
The second article of convention states that to end the discrimination and violence against
women, following are considerations:
a) The objective of the article is to imply the principle equality between women and men in
their national constitution and other legislations. These legislation and constitution have
to ensure the practical application of these principles as well (Karska, 2021).
b) It have to take appropriate measures or actions such as legislation to abolish or modify
the existing laws or practices which contribute in discrimination against women.
c) It have to establish legal protection on regular basis for the protection of women rights as
equal as men through public instruments or national tribunal.
d) To adopt the measures and legislation such as sanctions which prohibits the
discrimination against women, wherever possible.
e) It have to refrain people from engaging in acts which discrimination against women. It
have to ensure that the public institutions and authorities are acting in conformity with the
obligation.
f) To abolish all provisions which contribute in discrimination against women.
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In this declaration the violence against women involves following (Not limited to this only)
(ONYEAKU, 2021):
 Physical, psychological and sexual violence condoned by state such as sexual abuse,
battering, marital rape, female genital mutilation and dowry related violence etc. It can
also include exploitation of women, traditional practices which are harmful and non-
spouse violence etc.
 Physical, psychological and sexual violence occurring in community such as rape, sexual
harassment, intimidation at work and sexual abuse etc. It also involves intimidation in
educational institutes, forced prostitution and women trafficking etc. (Buse and et.al.,
2020)
 Physical, psychological and sexual violence
National Laws: The laws of Afghanistan have developed a lot in past 10 and have considered to
make various laws which makes the programs and laws more fruitful foe women’s rights. The
commitments which protects the conventions for elimination of discrimination and violence of
any form against women and declaration of convention for women’s cultural, human, social and
economic rights have been emphasized. The Article 22 states the gender equality and forms of
discrimination very clearly along with the country’s citizens for treating illegally. It states that
distinction and discrimination between the citizens of Afghanistan is strictly forbidden. The
Article 54 concentrates upon providing protection to the family especially to the mother and
child (Bradford, 2019).
These laws focus on stating whichever act or practices causes harm to character, emotion,
property or body of an individual are to be considered as a form of discrimination and violence
against women. According to the Article 5 of law, following are some instances of violence
against women (Mutasem, 2021):
1) Forced prostitution
2) Burning or throwing acids
3) Forcing suicide or use of toxic materials such as poison
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4) Forced isolation
5) Rape
6) Publicizing or recoding victim’s identity
7) Giving bad
8) Mistreatment such as humiliation or threatening
9) Under age marriage
10) Harassing and annoying
11) Not giving alimony
12) Preventing from getting married
13) Tearing and besting
14) Injuring/ disabling
15) Non-payment of Mahria
16) Not providing access to personal belongings
17) Harsh labor
18) Disallowing to keep connection with friends or family
19) Preventing from getting education or work
20) Driving away from inheritance
21) Marrying twice without the consideration of Civil Law Article 87
22) Selling women for marriage
23) Forced marriage
The violence includes above but is not only limited to these (Khan, Mohamed and AzharRosly,
2021).
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OPTIONS
From the above analysis of key considerations, various observations and considerations
can be drawn. One of the most consideration is that violence is not limited to physical violence
only. It have many forms and have severe consequences for women who are suffering from
them. However, the government and administration have implemented various laws and
instruments to prevent those violence and discrimination as well. However, they are not fully
applied and most of them are not considered as the major reason for these crimes and violence is
the culture and traditions of Afghanistan (Buse and et.al., 2020). These cultures and traditions
restricts the freedom of women and being dependent upon men only.
CONCLUSION AND RECOMMENDATIONS
From the above discussion it can be concluded that, violence against women in
Afghanistan is major issue. Women’s rights have been compromised in all over the world, but
when it comes to Afghanistan, women are suffering the most. The violence is so much that it
have been considered as a worst place for women to live in. women in Afghanistan have been
suffering from violence, abuse and discrimination from quite a long time. All these issues stared
with the ruling of Taliban. Even the cultures and traditions in Afghanistan considers the abuse
and violence against women normal and acceptable. The takeover of power again in the year
2021 have led women in a very vulnerable and dangerous status in Afghanistan. Currently the
women are very feared and in worse condition as they ever were. Various reports of crimes
against women have been reported on regular basis. There is no or very little government support
for women in Afghanistan. Even the support which is provided by global world, is eaten by
corruption and string leaders. Several cases gets unreported as well.
From the considerations it was analyzed that violence against women can take various
forms such as sexual violence, verbal violence, psychological violence and economic violence
etc. honor killing is also is major and brutal crime against women which is normalized in
Afghanistan. For fighting against these kinds of violence against women various legislations
have been created to provide the support and protection which these women needs. They
involves legal instruments such as International Human Rights Instrument and laws such as The
National law. However, implementation of these laws is still unable to prevent or eliminate those
crimes. Women are facing those violence and abuse and still do not get the protection or support.
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Various recommendation to fight against these violence and provide the women a safer to live
have been provided as well.
Recommendations
Women in Afghanistan have been a victim of crime and violence for a long time now. It is
about the time that everyone in the world take a stand for these women so that they are able to
get the rights which they deserve (Reid and Houston, 2021). In order to prevent violence against
women, following recommendations or suggestions can be taken into account:
 The most important step to end violence against women in Afghanistan is to raise
awareness. It is recommended that public must be warned about the rights and privileges
which women have. There should be social programs which describe the legal status of
women in a family and their rights to have education, justice and work as well. Their
education must be made compulsory so no women is prevented from getting education. It
will help the women in their growth and development and get their status and respect in
society as well.
 Another recommendation is that there should be job opportunities which are exclusively
for women only. It will help the women to generate income for them and live
independently. It will provide them independence and eliminate their dependency on
men. It will also encourage them to step out of families and marriage in which they are
suffering and discriminated in.
 Another recommendation is that the government should abolish the traditions and
cultures which promote violence and discrimination against women such as forced
marriage or early marriage. Effective strategies which combat the superstitions and
traditions which harm women’s rights and their bad conditions must be developed and
implemented. Society must be made aware regarding these superstitious cultures and
traditions and also they must be made aware regarding the consequences of following
these traditions.
 It is evident the major reason behind violence against women was lack of support and
protection. So it is recommended that the government should expand its special attorney
officers to fight for violence and discrimination against women. Increasing staff numbers
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and officials in the provinces can reduce number of violence. Also the staff and experts
which are employed must be committed and have expert skills and capabilities in them in
judicial systems. It will ensure that they are able to do their best to eliminate the culture
of violence and serious fights against people who support inhuman practices against
women.
 Another form of violence was child marriage or early marriage as well as forced
marriage. To deal with this issue it is recommended that the registration of marriage must
be made compulsory. Marriage certificate must be made a compulsory document for the
people who are marriage to validate their marriage. It will help in abolishing of those
practices which contribute in the bad marriage practices in Afghanistan community.
 The government should provide opportunities for women in various private and public
agencies in high post levels. It will help the women in creating an identity as an
individual and ensure their significant role in public life as well. It will allow the
households to realize that women have other roles just beyond staying at home.
 There are various laws and legislation which are made for women to support and prevent
violence and discrimination among them. However they are not strong enough which is
why they fail to protect women. So it is recommended that some rectifications and
modification in the laws which emphasis on elimination of violence against women must
be made and the practical application of these laws should also be ensured. Some
provisions of the law which conflict with human right specifically in women’s rights
must be modified and revised as well.
 Another factor analyzed was that the women do not have enough support of the parties
such as Police and administration against their violence in Afghanistan. So it is
recommended that the awareness of Police and other significant parties must be raised so
that they able to provide their support service to safeguard women in Afghanistan. It will
enhance their knowledge of humans rights and spirit of responsibility for all the citizen of
country either men or women.
 It was also analysed that forced prostitution, sexual exploitation and women trafficking is
also a common concern in Afghanistan. So it is recommended that there must be strict
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protocols for women trafficking and forced prostitution so that women are not sold like
objects. Strict laws on dowry and rape culture must also be ensured. There should be
more facilities which provide access to justice and authorities to women in the most basic
levels. It will enhance the legal protection and support to women who have been a victim
of violence. Protocols which fight sexual exploitation of women must be implemented so
that women in Afghanistan are able to life a safe and protected life.
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