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JOVELYN M. CANTINA
Article ID: sjahss-1-11-3-15-23
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Harmonizing Legal Frameworks: Bridging the Gap between CEDAW and the Afghan Civil Code in Pursuit of Gender Equality
Keywords:
CEDAW, Convention, Discrimination, Women, conventionAbstract
Afghanistan ratified the CEDAW accord without any conditions in 2003 after the deal was formally recognized by the Ministry of Foreign Affairs in 1980. According to the Vienna Agreement; countries can impose restrictions on United Nations resolutions that contradict domestic laws. The Afghan government has decided not to step in, despite the fact that there is a clash between the CEDAW Convention and the Afghan legal system, particularly the Civil Code. The parties to the CEDAW Convention remove from their legal systems any clauses that restrict gender equality as specified by the convention. This article compares and contrasts the rights and obligations regarding marriage, divorce, inheritance, guardianship, custody, and proclamation found in the Afghan Civil Code with Article 16 of the CEDAW Convention.
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References
Alavi, S. N. (2018). An Introduction to the Sociology of Women. Kabul University: Faculty of Social Sciences.
Brunet A. & Selon-Helal, I. (2003). Seizing the Opportunity: Afghan Women and the Constitution Making Process, Rights and Democracy Mission Report, May – June. Montreal: Rights and Democracy.
Kaufman- Hevener, N. (1986). An Analysis of Gender Based Treaty Law: Contemporary Developments in Historical Perspective. Human rights Quarterly, vol 8, no. 1 . DOI: https://doi.org/10.2307/762046
Kurdistani, M. A. (2009). Feminism (women's liberation movements. (A. Z. Soltani, Trans.) Tehran: Hafez Ebro.
Minor, J. (1994). An Analysis of Structural Weaknesses in the Convention on the Elimination of All Forms of Discrimination Against Women. Georgia Journal of International and Comparative Law, vol 24, , 137-54.
Taha, S. M. (2012). Women's rights between equality and justice. (S. Aexandri, Trans.) Tehran : Shaykh al-Islam Ahmad Jam.
Tinker, C. (1981). Human Rights for Women: The UN Convention on the Elimination of All Forms of Discrimination Against Women. Human Rights Quarterly, vol 3, no. 2 , 32-43. DOI: https://doi.org/10.2307/761855
Zine, J. (2006). Between Orientalism and Fundamentalism: The Politics of Muslim Women’s Feminist Engagement. Krista Hunt & Kim Rygiel (eds), Gendering the War on Terror. Ashgate Publishing. DOI: https://doi.org/10.2202/1554-4419.1080
Published on: 2024-05-07
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How to Cite
Shafiq, K., & Rahim, S. (2024). Harmonizing Legal Frameworks: Bridging the Gap between CEDAW and the Afghan Civil Code in Pursuit of Gender Equality. Sprin Journal of Arts, Humanities and Social Sciences, 3(5), 09–12. https://doi.org/10.55559/sjahss.v3i5.272
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