Law on the Elimination of Violence Against Women
Chapter One
General Provisions
Basis
Article 1
This law has been enacted in accordance with the provisions set forth in Articles 24 and
54 of the Afghan Constitution.
Objectives
Article 2
This law has the following objectives:
1. Ensuring Sharia and legal rights and protecting the human dignity of women.
2. Maintaining family integrity and fighting against customs, traditions and
practices which contradict Islamic Sharia and cause violence against women.
3. Protecting women who are victims or at risk of violence.
4. Preventing violence against women.
5. Providing public awareness and training on violence against women.
6. Prosecuting perpetrators of violence against women.
Terms
Article 3
The bellow terms in this law have the following meanings:
1. Woman: An adult or underage female person.
2. Violence: committing those acts mentioned in article 5 of this law which cause
damage to the personality, body, property, and spirit of a woman.
3. Sexual Assault: committing fornication and pederasty act on adult women with
force or committing such acts on underage woman, or assaulting to the chastity
and honor of a woman.
4. Baad: Marrying a woman to someone as blood money or for the purpose of
bringing peace and reconciliation among the families regarding murder, sexual
assault or other circumstances following wrong customs and traditions.
5. Humiliation: Using words or committing acts which result in degradation of
personality of a woman.
6. Intimidation: committing acts or using words which cause fear to a woman.
7. Persecution: using words or committing acts by any means which causes damage
to the personality, body and spirit of a woman.
8. Forced isolation: preventing a woman from visiting her legal intimates.
9. Preventive measures: Practical measures that are taken for elimination of factors
of violence and preventing its happening.
10. Supportive measures: Practical measures that are taken in purpose to support
victims of violence.
Prevention of violence
Article 4
Violence is a crime; no one shall be entitled to commit violence at residential area,
government or non-government institution, organizations, public places, transport or
any other places. If committed, he/she shall be punished in accordance to the provisions
of this law.
Instances of violence
Article 5
The commission of the following acts shall be deemed as violence against women:
1. Sexual assault;
2. Forced prostitution;
3. Recording the identity of the victim and publishing it in a way that damages her
personality;
4. Burning, using chemicals or other dangerous substances;
5. Forcing one to burn herself or to commit suicide or using poison or other
dangerous substances;
6. Causing injury or disability;
7. Beating;
8. Selling and buying women for the purpose of or on the pretext of marriage;
9. Giving Baad;
10. Forced marriage;
11. Prohibiting from the right of marriage or right to chose spouse;
12. Underage marriage;
13. Abusing, humiliating, intimidating;
14. Harassment/persecution;
15. Forced isolation;
16. Forced addiction;
17. Depriving from inheritance;
18. Prohibiting to access personal property;
19. Prohibiting from the right to education, work and access to health services;
20. Forced labor;
21. Marrying more than one wife without observing Article 86 of Civil Code; and
22. Denial of relationship.
The Rights of Victim
Article 6
The victims of violence have the following rights:
1. Prosecuting the offenders of violence based on provisions of the law;
2. Having access to shelter or other safe place (s) with the consent of the victim;
3. Having free access to emergency health services;
4. Having advocate or legal aid provider;
5. Compensation to damage resulted from the act of violence;
6. Confidentiality of relevant matter; and
7. Other rights which have been stipulated in the legislative documents for the
victim.
Referring to the Institutions
Article 7
1. The victim of violence, by herself or her relatives, may complain in written to
police, Huqooq Department, courts and other relevant authorities.
2. The institutions mentioned in paragraph (1) of this Article are obliged to register
the received complaints and address them in accordance with the provisions of
the law, and shall inform, in written, the Ministry of Women Affairs.
3. The Ministry of Women Affairs shall, upon receiving written information or
direct complaint by the victim or her relatives, take and implement necessary
measures in order to contact the victim.
4. Prosecutors’ office and court are obliged to take violence case as a priority and
process it as expeditiously as possible.
5. The authorities mentioned in paragraph (1) of this article are obliged to consider
the special code of conduct developed by the Elimination of Violence against
Women Commission while addressing received complaints.