National Action Plan for the Women of Afghanistan - The Secretary ...

imbalance in the justice sector includes women‘s restricted movement, limited opportunities for
education, lack of recognition of women‘s professional capacity, and incorrect perceptions that
women‘s understanding of Islam is limited. Low numbers of women working in the justice sector
and in law enforcement bodies means that women‘s perspectives are not often included in laws
and policies and further that Government is unable to appropriately respond to sensitive issues
involving women due to lack of female police officers and counselors.
4. POLICIES AND STRATEGIES
4.1 Reform and amendment of legal frameworks to protect the rights of women and girls
All laws will be reviewed to bring them into conformity with the Constitution. Laws that are
discriminatory against women - especially unfair laws on citizenship, marriage, divorce, property
and inheritance - will be amended or abolished. Violence against women and harmful traditional
practices, such as forced and early marriages, will be criminalized. Redress mechanisms for
those women who have suffered violence will be made part of the reform agenda. In light of
protection of the girl child against early marriages, compulsory registration of birth and marriages
will be made part of the legal reform agenda. Affirmative action policies for ensuring women‘s
participation in law making, administration of justice, and law enforcement bodies will be an
important part of the reform agenda. The Government will comply with its obligations to
international human rights treaties, most notably CEDAW and the Convention on the Rights of
the Child (CRC), and will comply with the requirement for periodic submission of reports to the
committees monitoring these Conventions.
4.2 Improving women’s access to justice
Women need to have greater access to legal services, particularly at the district and provincial
levels. To increase women‘s access to justice in rural areas, knowledge of family law and other
key legislation will be imparted to judges in district and provincial courts. Legal aid clinics will
be established throughout the country, and support will be given to organizations that provide
legal counseling to women. Paralegal training will be provided to capable women in remote areas
of the country to equip them with accurate and up to date legal knowledge. A national network
needs to be established among defense attorneys to provide needed support to paralegal officers.
MOWA‘s Legal Department, together with the Ministry of Interior Affairs, will provide a referral
service to support female victims of violence. A larger number of protection and response
services for women suffering from violence, such as shelter, will be made available to women
seeking redress. Activities already developed to support women-at-risk will be expanded and
strengthened. A public awareness campaign on the availability and purposes of protection
services will be carried out. Establishment and strengthening of Family Courts at the provincial
level and affirmative action policies for employment of legal professionals and law enforcement
officers will further increase rural women‘s access to justice.
4.3 Reforming law enforcement
Law enforcement that respects the principles of equality and non-discrimination is an important
element for increasing women‘s ability to depend on formal justice institutions. Advanced
training on the details and correct application of laws will be provided to law enforcement
agencies to ensure effective enforcement of laws. Special emphasis will be placed on laws related
to gender based violence and child and forced marriages. Government institutions, including
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