The Implementation of Substantive International Human Rights Obligations in Afghanistan: Examples from the ICCPR (Dari)

Abstract

Afghanistan has signed numerous international conventions on different fields of human rights. At the same time, Afghanistan has undertaken the implementation of substantive international human rights obligations. According to article 4, paragraph 2 of International Convention on Civil and Political Rights 1966 (ICCPR), contrary to general human rights, substantives human rights are those rights states cannot violate or restrict under any circumstances. These rights include prohibition of arbitrary deprivation of life (Article 6), prohibition of torture (article 7), prohibition of slavery and servitude (article 8), prohibition on the arrest of individuals because of the inability to perform a contractual obligation (article 11), the right to non-transmit criminal laws to preceding, except for benefit of offender (article 15), the right of individuals to legal personality (article 16) and the right to freedom of thought, religion and belief (article 18). This article, after providing brief information on substantive human rights and the responsibility of states towards them, will first shed light on Afghanistan’s international and national obligations towards the above substantive human rights and then will examine the status of implementation of these obligations in the country with its roots, causes and factors, based on reports of national and international reliable human rights institutions about the status of human rights in Afghanistan.