Rights In Afghanistan Research Articles

Exploring the Legal Approach of the Islamic Emirate towards Child Labor in Afghanistan

Children’s rights are one of the most sensitive aspects of human rights, which are emphasized in all religious and legal values. Children need the attention of the international community and the government for their growth and development. One of the violations of children’s rights is the issue of their work, which has existed for a long time, and child labor is consistently struggling with numerous challenges in Afghanistan, although throughout all the governmental periods, numerous promises have been made to guarantee the rights of child laborers to both the UN and the people of Afghanistan, but they have failed to fulfill them. Difficult circumstances compel children to do arduous deeds that have irreparable consequences for them. Considering the importance of children's rights in Afghanistan, which have been dominated by decades of war and economic poverty, with the formation of the new Islamic Emirate government, the question arises: what is the current legal approach of the Islamic Emirate system to child labor? Apparently, the current approach of the Islamic Emirate system towards child labor includes actions to protect children’s right, but there is no specific law regarding child labor. The aim of the study is to examine the current approach of the Afghan legal system to child labor. The research method is library-method, utilizing tools such as books, scientific and research articles, sharia, and social reports. Research findings indicate that the Islamic Emirate system is currently attempting to align issues related to child labor with the principles of Sharia law. However, formal and specific laws in this regard are not yet being enforced, and the life of child labor in Afghanistan is becoming increasingly dire day by day, leading to the persistence of vulnerabilities associated with child labor.

Outspoken: my fight for freedom and human rights in Afghanistan

Outspoken: my fight for freedom and human rights in Afghanistan

Media Freedom and Censorship: A Comparative Case Study of Media Freedom under Previous and Current Taliban Governments

The study compares media freedom and censorship under the present Taliban regime in Afghanistan to that under the previous Taliban rule (1996–2001). It looks into how the two regimes' changes to media laws and regulations affected journalists and media organizations. The study questions are concerned with the variations in media freedom, certain types of censorship, and the influence of technology development on media freedom. The study uses a comparative case study methodology to examine the legal system, media regulation, and public access to media coverage in the past and present. Collecting data entails compiling facts from academic research, human rights reports, media observers, and news articles. The study indicates that Taliban regime has become flexible in their policies toward media freedom in contrast to total ban in Taliban’s initial regime on media freedom. The study's importance rests in giving policymakers, human rights organizations, and media professionals’ information on how media freedom was affected by the Taliban's control. This will help them support that Freedom and fight for journalists' rights in Afghanistan.

Legal Protection of Women’s Rights in Afghanistan During the Taliban Regime of 2021-2022 and the State Responsibility

This paper discusses women’s rights in Afghanistan during the Taliban regime from 2021 to 2022. Having seized power in Afghanistan by the Taliban in August 2021, a wide range of regulations seem to discriminate against women. The discriminatory restrictive regulations enforced by the Taliban have prevented women and girls in Afghanistan from receiving the same rights as men, such as access to education, employment, and access to public facilities. This is clearly inconsistent with The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Given that Afghanistan ratified CEDAW in 2003, it guarantees the protection of women’s rights, it means that Afghanistan has become a state party, then Afghanistan has the responsibility to comply with this convention. This research uses the type of normative legal research - searching for material in the form of library materials or secondary data as sources in writing research. The purpose of this study is to find out how the legal protection of women’s rights during the Taliban regime considering that Afghanistan has ratified CEDAW. Furthermore, to find out whether Afghanistan can be held responsible for the restrictions on women’s rights imposed by the Taliban. The approach used in this study is the conceptual approach and the statute approach. This research also uses a historical approach and a case approach. This study finds the legal protection that Afghanistan has provided for women’s rights based on the ratification of CEDAW, namely the Law on Elimination of Violence against Women (EVAW). The Islamic Republic of Afghanistan’s Constitution also protects women’s rights. However, the EVAW law has not been enforced at all since the Taliban took over. It indicates that Afghanistan can be held responsible.

Gender equality, constitutionalism, and women's rights in Afghanistan: contestations and challenges

Gender equality, constitutionalism, and women's rights in Afghanistan: contestations and challenges

Role of UN Women in Addressing Women's Rights in Afghanistan under Taliban

The current condition of Afghanistan under the Taliban government creates considerable humanitarian problems, especially concerning the rights of women and girls. The Taliban threatens Afghan women by implementing several detrimental policies prohibiting them from going to school, working, and leaving the house. The Taliban restricted the movement of women workers and created an insecure space. This research aims to explain the role of UN Women in responding to humanitarian issues in Afghanistan, especially those related to women. This study used a descriptive method with literature sources such as books, journals, notes, and related reports. The findings indicated that UN Women is committed to assisting Afghan women in restoring their rights under Taliban rule. UN Women, as an International Organization, plays a role as an arena for Afghan women by facilitating women to speak, one of which is in a series of events at the UN Security Council Open Debate on Women, Peace, and Security, which was held at the UN Headquarters in New York. UN Women also works as a donor by providing financial assistance, which will be allocated to the needs of Afghan women. In addition, UN Women acts as an advocate through various activities.

Disappearing Afghan Women from Public Spaces — Collapse of Women’s Rights in Afghanistan

The present paper attempts to understand the plight of Afghan women under complete absence of women’s rights. Beginning with a brief sketch of the historical past of the Afghan women prior to 9/11, this paper attempts to document their journey through the post-Bonn period including the present situation under the new Taliban regime. The paper is based on secondary sources of information and narratives mainly from media reports. It addresses the situational of women in Afghanistan and how they are positioned in the public spheres, while their basic rights are gradually getting eroded. It is ironical that when the world is looking forward to ushering in the Sustainable Development Goals (SDG) particularly the SDG-5, a part of the world completely ignores Women’s Empowerment and Gender Equality! The purpose of the paper is to highlight the gradual depletion and severe disruption of women’s rights in Afghanistan and understanding the socioeconomic implications of the Taliban policies. Restrictions on women's education, participation in the workforce and closure of women’s public spaces are all gradually coming into force. The paper suggests a few policy recommendations so that the young Afghan girls and women could continue with their education and skill development training and obtain a livelihood option.

Concept of Government Civic Responsibility in Administrative Law

Administrative law is responsible for explaining an administrative rule and expressing the correct manner of an administrative lawsuit to provide administrative justice in public administration in the best way. One of the important topics of administrative law is government civil responsibility. The government, such as the ordinary people, is responsible for its actions and administration. And This responsibility requires that harmful action issued from the government, which causes damage caused by the legitimate action of the administration. The importance of research is that it paves one of the ways to know by that the relationship between administrative rights and civil rights and awareness of administrative rights in Afghanistan's legal system. This research is a descriptive and library of quotes and tries to simplify the authoritative sources of administrative rights in Afghanistan. The research findings show that the government must compensate for the actions and acts of their administration, which result from the person's losses. But which losses are compensable and which losses are not compensable? The administrative procedures law explicitly states that another law regulates the Government's civil responsibility. Because there is no specific law in this case, we must search for its rules in other country documents.

Taliban's Misconception of Islamic Law in Treatment with Women Rights

The coming to power of the Taliban in Afghanistan in August 15, 2021, changed the social and economic situation in the country. First of all, the changes concerned the rights of women, regarding which new rules are being established. As a result, Afghanistan lost its twenty-year achievements in the field of democracy, human rights, especially women's rights. The main aim of this article is to give full description to the situation of women rights in Afghanistan and give some recommendations on their improvements according to the foreign practice. The scientific significance of the article lies in the fact that the authors tried to give a scientific analysis of the situation with women's rights in Afghanistan, made a comparative analysis with women's rights in other Muslim countries to highlight Taliban Misconceptions of Islamic rules and gave specific recommendations. In this article, the authors used systematic analysis method, historical method, as well as comparative analysis method. In this research, on one hand authors discussed the situation of Afghan Women in the current Taliban’s government, Taliban's decrees regarding women, and the clear violation of the most basic human rights of women. On the other hand, they discussed on Islamic laws, the legal status of women in some Islamic countries. The authors hope, this article, which contains exact recommendations has great practical importance to provide a model that can be useful and effective for the future of Afghan Women.

Research Report Beyond Stereotypes: Afghan Men as Allies for Gender Equality and Feminist Peace

Analyses of women’s rights and gender equality in Afghanistan have historically depicted a clear binary: patriarchal and conservative men resisting aspirational women. However, such analyses have failed to account for the significant number of men in Afghanistan who have been vocal advocates for women’s rights and have worked tirelessly towards building a gender-just society. To challenge stereotypical representations, this report draws on primary interview data to explore the views of Afghan male allies who are working for gender equality and feminist peace in the country. The report discusses the allies’ perspectives on gender relations and their commitment towards feminist peace. The report also offers an analysis of the current situation in Afghanistan under the Taliban regime and its implications for our male allies and their work. Through their stories, the report hopes to shed light on the challenges faced by men who support women’s rights in Afghanistan and challenge the narrow portrayal of Afghan men as culturally and religiously conservative and opposed to gender equality.

Taliban's war on educating girls and women must end now: A call for global actions

Taliban's war on educating girls and women must end now: A call for global actions

Violation of Women's Rights in Afghanistan under the Taliban Rule

Violation of Women's Rights in Afghanistan under the Taliban Rule

Турция–“Талибан”: алгоритмы взаимодействия

The relationship between Turkey and the Taliban* from the late 1990s to date has gone through periods of decline, when Ankara sided with the collective West and the pro-Western governments of Afghanistan, and recovery, when Turks attempted to mediate in the Afghan conflict and then forged links with the new Taliban* government. In light of these circumstances, the author analyzes the long-standing historical ties between Turkey and Afghanistan in the context of the shared Islamic culture of the two peoples. The author notes the Taliban’s accumulated grievances against the Turkish side are noted, including the provision of a forum for the Afghan opposition forces to exchange views as well as Ankara’s demands for the principle of inclusivity in the formation of authorities and respect for human rights in Afghanistan. It is possible that Ankara could become more or less involved in the internal Afghan conflict, which contradicts its own policy of a neutral player in Afghanistan. The author draws attention to the Taliban’s* pragmatic approach to the development of relations with Turkey, especially in the areas of economy and education. The author concludes that, despite some difficulties in its relations with the Taliban government, Ankara is determined to increase its geopolitical influence in the region with a focus on Central Asia and thus tries to enhance its value for its NATO allies. The analysis reveals Turkey’s desire to strengthen its presence in Afghanistan and become an important regional player. However, in the current circumstances, the Turks do not yet have an opportunity to have a serious impact on Kabul. * the organization is banned on the territory of the Russian Federation

Gender equality, constitutionalism, and womens rights in Afghanistan: contestations and challenges

Gender equality, constitutionalism, and womens rights in Afghanistan: contestations and challenges

Gender Inequality in Homeira Qaderi’s Dancing in the Mosque

Gender inequality is a basic problem, a social fact, and a situation that women and men are not equal. It has been a controversial argument in Afghanistan since many centuries so far. Over two decades, under the Republic State of Afghanistan, attempts to empower women and achieve gender equality have been made, but it has not been sufficient. The Republic State of Afghanistan joined all international conventions and declarations and pledged to uphold gender equality and women’s rights in this regard. Similarly, gender equality was theoretically supported in Afghanistan’s official laws, particular departments were established in the majority of governmental organisations, but women had a relatively low participation rate in official authorities in 2021, just before the Islamic Republic of Afghanistan’s government was overthrown. Furthermore, radical Islamists were actively spreading misinformation about women’s rights and gender equality in mosques, schools, and academic institutions. Homeira Qaderi, an advocate for gender equality and women rights, published her autobiographical book, Dancing in the Mosque in 2020. The concerns that Qaderi focuses on are crucial and significant for Afghan women. She writes on immigration, polygamy, Islamic extremism, tribal culture of Afghan society and approaches these topics from a critical stance. The primary theme of this book is gender equality and women’s rights in Afghanistan. She suggests civil rights, gender equality and activism for women of Afghanistan in her writings. This paper will examine gender equality, social justice, and women rights in her named autobiographical work. It will increase expectation for equality and end gender discriminations.

Impact of WTO Agreement Accession on Trade and a Few Intellectual Property Rights in Afghanistan

Impact of WTO Agreement Accession on Trade and a Few Intellectual Property Rights in Afghanistan

INGOs in Afghanistan: Impact of Activities and Attributes on Attack

International NGOs (INGOs) operate in insecure environments where they provide life-saving services to the world's neediest populations. This study examines the impact of organizational attributes and activities on INGO vulnerability to insurgent attacks in Afghanistan. The study operationalizes three organizational attributes: 1)sustainability, measured by the organization’s longevity; 2)perceived independence from the Global War on Terrorism (GWOT), measured by whether the INGO operated in Afghanistan before or after September 11, 2001; and 3)religiosity coded as secular, faith-inspired, or faith-based. In addition, the study operationalizes three INGO activities: 1)type of gender-focused activities and programs of each organization; 2)transformational advocacy, measured as promoting democracy, women empowerment, or women’s rights in Afghanistan; and 3)level of exposure to violence in Afghanistan, measured by the number of provinces in which the organization operated. The study uses a matched sample design with a 1:2 ratio. Each victim INGO is matched with two non-victim INGOs by year and province. Matching INGOs on these two factors lessens the impact of structural and environmental factors, such as insurgent control of territory, in the analysis. Binomial logistic regression identified one organizational activity, level of exposure, and one organizational attribute, sustainability, as predictors of attacks against INGOs.

The Rise and Fall of Women Rights in Afghanistan

The struggle for women’s rights in Afghanistan stretches back to the nineteenth century. The movement has waxed and waned, but advances have almost always been followed by retreats. The collapse of Afghan government is due to a wide variety of factors. Of these, the equality and growing prominence of Afghan women has been negligible, yet it is likely that women will pay the highest price for this collapse. In this essay I will discuss the rise and fall of women’s rights in Afghanistan before and after 9/11, highlighting the social reforms, their positive and negative impacts and the role of state and non-state actors in supporting and/or reversing women’s rights.

Customarys dynamic relationship with Islamic law in terms of afghan womens rights

This article aims to study the dynamic relationship of customary with Islamic Law regarding women's rights in Afghanistan and clarify that while Islamic Law and Positive Law exist; thence, people deprive women. Therefore, it answered the following questions; what is the dynamic relationship between customary and Islamic Law? Why do Afghans prefer customs to Islamic Law and Civil Law? What kind of rights are women deprived of in Afghanistan? Furthermore, this library-based research defined Islamic Law, the customary, and the relationship between the Customary to Islamic Law and statutes. Then, this article argued the legal status of women, like forced marriage, underage marriage, deprivation of the right of inheritance, taking widows as inheritance, and giving daughters for blood money. Likewise, it argued the superiority of customs over the laws, like the fragmentation of the Laws, Ulama's weak position on women's rights, family stigma, women's poverty, women's ignorance, and non-enforcing the laws.

New world order and India, S policy toward protection of human rights in Afghanistan

The traditional attitude of India's social reformer, political leader, current politicians, diplomatic and policy makers are having the habits of cooperating to international order, if it seems fair and applicable to world justices. India have been participating in so many world affairs with material assistances as part and parcel of human rights protector than any other country in the contemporary history with the permission of powerful countries. Very notably, since dawn of 2001 as focus light of south Asia peace as well as Afghanistan peace even after death of Taliban rule in Kabul. India interest sprang at high level to strengthen Afghanistan political institutions with goal to protect human rights. Since soviet invasion in 1979 to 1989, there were sporadic chaos, commotion and bomb blast due to supper power politics, rivalry and regional countries politics. This had created so many economic damages, unrest and human rights lost. After end of Russia invasion Taliban ruled Kabul again about ten years with so many human rights violations as unanswerably as unaccountably. Therefore, as big power of south Asia India could not have prevented and involved in Afghanistan for protection human rights against Talban rule unless U.S bring new anti-terrorism law as a new world order. So, after initiated new world order by U.S as to destroy terrorist has been as most useful to India in number of ways such as, rapprochement with Muslim people protecting human rights gaining good name from the Afghanistan people andfortifying India's growing power beyond the South Asia.