Examining the approach of profiteering of punishment in the criminal laws of Afghanistan


Shafiqa Royesh Safi


Abstract

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is the most important international document for elaboration of women rights and ensuring the gender equality between men and women. This document obliges the States parties to consider certain measures for ensuring the women rights and to end discriminations against women. These measures include legislative measures, reform of customs and culture, criminalization of discrimination and even some temporary programs in favor of women (positive discrimination). Since the CEDAW has been drafted mainly with the western countries approach to women rights and has recognized the equal rights for men and women for all issues, acceptance of the whole document is difficult for Islamic states.  Some of the articles of the CEDAW are not in harmony with Sharia. This is the reason that some Islamic countries who are State parties have accepted CEDAW with reservations. Some Islamic States have reservations on specific articles and have not accepted the content of those articles while others, for more caution, have considered more general reservations and have accepted the implementation of CEDAW while it’s not in contradiction with Sharia. Other States parties have reacted and objected to these reservations and have raised questions about the intention of Islamic countries regarding the implementation of the content of CEDAW. 



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