Elusive Justice : Reflections on the Tenth Anniversary of Afghanistan’s Law on Elimination of Violence Against Women

Title: 
Elusive Justice : Reflections on the Tenth Anniversary of Afghanistan’s Law on Elimination of Violence Against Women
Journal Citation: 
18(1) NORTHWESTERN JOURNAL OF HUMAN RIGHTS, 52-72 (2020)

This article reflects on Afghanistan’s contemporary legal framework and policy conditions as they intersect with gender-based violence against women. The article first describes this legal framework, focusing on international obligations under conventions like CEDAW as well as international efforts such as Afghanistan’s Law on the Elimination of Violence against Women (EVAW) enacted in 2009. It emphasizes the shortcomings between EVAW’s expected potential and its actual policy implementation. The author describes the ways in which violence against women, the use of mediation in criminal cases, and state-led human rights violations remain a systemic reality in Afghanistan, posing a challenge to efforts promoting women’s health and rights. In the end, the author calls on the Afghan government and international community to narrow the gap between the law’s goals, on-the-ground action, and gender-based violence in Afghanistan. They offer legislative improvements to EVAW and other state law alongside other systemic reforms such as blending women’s rights issues with broader Afghan societal values.