New Afghan Law Efficiently Allows Abuse of Children And Women

According to the Government, When Afghan men attack or abuse their wives, children or sisters, their relatives may not testify against them in a court of law.

The bill, recently passed by the Afghan Parliament, effectively excludes parents, grandparents or siblings from testifying in court. Most violent acts against Afghan women, however, are committed within family structures and not outside.

According to the Samira Hamidi (member of the Empowerment Center for woman), Proponents of this law argue that relatives cannot be objective and that their testimony could lead to acts of revenge.

The bill is part of a new version of the Afghan Penal Code, a project the Afghan Parliament has been working on for six years. Farkhunda Zahra Naderi, a parliamentarian, is disappointed by the decision.

According to the Afghan MP, This law not only restricts women’s rights; it is also a violation of human rights, as it deprives a person of the opportunity to testify as a witness.

According to the Heather Barr (HRW researcher), the new law has far-reaching consequences for Afghan women.

According to the Barr, It makes it impossible to prosecute cases of domestic and sexual violence within the family, forced marriages, child marriages or marriages for the settlement of clan disputes.

The expert is of the opinion that the new act literally voids the so-called ‘law on the elimination of violence against women, which President Karzai signed last year, after it initially having been rejected by Parliament. Especially male parliamentarians had argued that the bill infringed on traditional values.

According to the Farkhunda Zahra Naderi (one of the 68 woman MPs in the Afghan parliament), there has been a growing misogynistic tendency among her colleagues in parliament, driven by conservation forces.

She also said that, we parliamentarians work in an unsafe environment, where we are constantly under fear.

According to the Barr (Afghanistan expert), this is a worrying development and it can be observed not just in parliament, but also in other segments of the society.

Barr also added, we have also observed the assassination of several female police officers, demonstrating the fragile situation of women in the war-torn country and the risks to their rights.

New Afghan Law Efficiently Allows Abuse of Children And Women