A/HRC/41/2
adopting measures preventing violence against them, but also by establishing institutions
and special units, and training judges, prosecutors, police, and other relevant personnel in
pursuit of the implementation of the Law on the Elimination of the Violence against
Women.
442. Afghanistan acknowledged that the implementation of laws has not been optimal,
largely due to ongoing conflict and lack of access to legal institutions in conflict zones.
However, the Government was committed to facilitating the empowerment of women and
addressing the cases of violence against women, including in the areas recently cleared
from the insurgents.
443. On recommendations regarding protection of children and child marriage,
Afghanistan informed that its President issued an executive order enforcing the Child
Protection Law, which defined the marriage age at 18 years old, as recommended in the
Convention on the Rights of the Child. Recruitment of children in the military forces and
armed groups has been a challenging issue, while Afghanistan will keep working towards
ensuring safe and prosperous future for children.
444. Afghanistan accepted recommendations calling on them to facilitate access to
education and healthcare. Afghanistan believed that there is always a place for
improvement in these fields and it continued to invest in improving the education system,
ensure access to education for all and develop programmes to facilitate access to healthcare.
In the 2019 World Health Assembly, the Minister of Health of Afghanistan, together with
WHO and other partner States, agreed on new and improved health services package
accessible to every citizen, including the IDPs and returnees.
445. On the 22 recommendations that were noted, the head of delegation stated that,
concerning accession to international human rights instruments, Afghanistan was among
the leading Member States with ratification of seven core international human rights
conventions and three optional protocols, demonstrating their commitment to promoting
and protecting human rights. In order to eliminate the gap between international human
rights standards and their implementation on the domestic level, the Government of
Afghanistan was willing to focus on its national legislation prior to considering the
accession to other human rights instruments. On the second category of recommendations
regarding abolition of the death penalty and reduction of crimes carrying capital
punishment, he highlighted that the new Penal Code has largely decreased the application
of the death penalty. In 2018, within the Office of the Attorney General, a Special
Committee that monitors reports of death penalty was established. Since its establishment,
the Committee reviewed 80 cases of possible death penalty, and as a result, the Committee
recommended 78 cases to be replaced with long-term imprisonment. Furthermore, the
President of Afghanistan assigned another Committee under the leadership of the Deputy
Attorney General to review and assess all death penalty sentences and provide specific
recommendations on each case. After nearly one year of assessment, the Committee
submitted its recommendations for the majority of cases. The proposals were accepted by
the President, and they are currently being implemented.
446. On the partially noted recommendation, Afghanistan reported that it accepted the
call for commuting of “all existing death sentences for persons below 18 years of age at the
time of the commission of the crime”, however, the second part of the recommendation on
considering “immediate moratorium on execution as a first step towards the abolition of the
death sentence…” was an undertaking that required more time and further consultations.
447. The head of delegation reiterated the commitment of the Government to fully
engage in close cooperation with relevant treaty bodies, to advance and review the
recommendations where appropriate. Afghanistan valued the support of the international
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