Harmonizing Legal Frameworks: Bridging the Gap between CEDAW and the Afghan Civil Code in Pursuit of Gender Equality

Abstract

Afghanistan ratified the CEDAW accord without any conditions in 2003 after the deal was formally recognized by the Ministry of Foreign Affairs in 1980. According to the Vienna Agreement; countries can impose restrictions on United Nations resolutions that contradict domestic laws. The Afghan government has decided not to step in, despite the fact that there is a clash between the CEDAW Convention and the Afghan legal system, particularly the Civil Code. The parties to the CEDAW Convention remove from their legal systems any clauses that restrict gender equality as specified by the convention. This article compares and contrasts the rights and obligations regarding marriage, divorce, inheritance, guardianship, custody, and proclamation found in the Afghan Civil Code with Article 16 of the CEDAW Convention.