Violence Against Women in Afghanistan: A Human Rights Perspective and the Role of Domestic Law

Abstract

Violence against women in Afghanistan constitutes a persistent human rights violation, deeply embedded in patriarchal social norms and weakened legal institutions. This article explores the issue from a human rights perspective, analyzing Afghanistan’s obligations under international treaties such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the Convention on the Elimination of All Forms of Discrimination Against Women. It further examines the country’s domestic legal framework, focusing on the 2009 Law on the Elimination of Violence Against Women and the 2017 Penal Code of Afghanistan. The study employs doctrinal legal research methods, analyzing statutory texts, constitutional provisions, and international legal standards. Findings indicate that while international human rights law provides a comprehensive legal framework condemning gender-based violence, Afghanistan’s domestic laws offer fragmented protections. The Law on Elimination of Violence Against Women in Afghanistan criminalized 22 forms of violence against women, including child marriage, forced marriage, and domestic abuse; however, it lacked parliamentary ratification, limiting its enforceability. The 2017 Penal Code incorporated some protections but omitted many key provisions of the Law on the Elimination of Violence Against Women, creating significant legal gaps. The Taliban’s resurgence has further eroded legal protections and institutional support for victims. The article concludes that legal reforms alone are insufficient without effective enforcement, political commitment, and societal change. Strengthening Afghanistan’s legal regime, ensuring enforcement mechanisms, and fostering cultural transformation are essential for protecting women’s rights and fulfilling the country’s human rights obligations.