Afghanistan: Women's Right to Equality under the CEDAW

Afghanistan: Women's Right to Equality under the CEDAW

Introduction

Security remains elusive in Afghanistan and violence is part of daily life. Armed conflict is a constant threat, torture persists, the country is littered with landmines, and the opium trade perpetuates a system of corruption and crime. Dangerous conditions have forced many to abandon their homes and flee to neighbouring countries. Despite constitutional guarantees against gender discrimination, tribal custom continues to dictate the role of women in Afghan society. Females are typically restricted to the private sphere and their basic human rights continue to be denied. Rape and other forms of sexual violence are widespread and women may be attacked in their homes, communities, or even in institutions such as detention facilities. Furthermore, Afghan law allows marriages to take place without a woman's consent (Shaw & Lee, 2012). Thus, females may be handed over to resolve tribal or family disputes, a practice known as baad. Furthermore, women who are victims of rape and sexual assault may be prosecuted for the offense of zina (adultery) under the Penal code of 1976. Because family honor is so closely bound to the conduct of female family members, a female who leaves the house without a male relative (mahram) to supervise her or otherwise disgraces the family may be punished.

Discussion

Poverty

Facing enormous external debt and with more than 50 percent of its population currently living in poverty, Afghanistan is one of the poorest and most economically unstable countries in the world. Jobs are scarce and nearly two-thirds of the population suffers from food shortages. The economic situation has been exacerbated by the global recession. Furthermore, recent droughts and hard winters have negatively impacted agricultural production. Women are economically reliant upon men. Women are legally entitled to work for wages, yet custom often prohibits them from doing so, particularly in rural areas. Widows are especially vulnerable to poverty because of limited opportunities to earn income and support their children. Female children are often regarded as an economic burden. Thus, fewer family resources are invested in daughters than sons (Zoya, et. al., 2002). Despite laws that prohibit child marriage, a daughter may be married off at a young age so her parents may receive a dowry payment and so the girl will no longer be their economic responsibility. Some families sell their daughters into the global sex trade (human trafficking) in order to pay debts and survive.

Education

Boys and girls are educated separately in Afghanistan. The constitution guarantees access to education for all Afghan citizens, but many families refuse to send their daughters to school for fear that they will be attacked or kidnapped. Literacy rates remain among the lowest in the world and less than 15 percent of Afghani women can read and write. Less than half of young girls are enrolled in primary school (compared to approximately 75 percent of boys) and the education gap increases as students move on to secondary school and again in tertiary school (university). Lacking adequate facilities, many classes take place ...