Juvenile Justice in Afghanistan

Afghan life and culture very much revolve around families and clans. The laws and moral standards are based on these blood ties much more than on the state and the ‘rule of law’ like in countries such as the UK.

Less emphasis is placed on individual rights, and the notion of children’s rights isn’t as understood or enshrined in the same way as in other countries. Given the decades of conflict that have plagued the country, families do their best to protect their children – especially the girls. Home is usually considered to be the safest place for them, but this sometimes comes at the cost of their education or social life.

Although Afghanistan does have Juvenile justice laws based on the United Nations Conventions on the Rights of the Child (CRC), in practice the tribes usually adopt the role of judge and police – enforcing their own laws and standards.

‘Honour crimes’ in Afghanistan

Respect and honour are very important in Afghan culture. When children are deemed to have broken the laws or customs, they are often prosecuted for ‘crimes’ which are not actually illegal under Afghan law.

Girls who run away to escape forced marriage, abuse and difficult family conditions often end up in detention centres. Forced and underage marriages are illegal but it is customary for girls aged 14+ to be married to older men to strengthen ties between clans and girls persistently end up being arrested and incarcerated for resisting marriage.

Similarly, running away from home isn’t a crime under Afghan law, however UNICEF found that 14% of girls were in detention as they were lost or without shelter.

Such is the male-dominated nature of Afghan society, that girls who have been raped or sexually abused by grown men are often charged with adultery and are thought to have shamed their family.

Injustice

Where children have been found guilty of a serious crime they should be held in dedicated Juvenile Rehabilitation Centres (JRCs). Instead they often end up being detained in police stations or adult jails – where they are extremely vulnerable to violence and abuse by the police officers themselves.

Even in provinces where juvenile rehabilitation centres (JRC) exist, over 50% of children will be detained by the police first before they are transferred to a JRC. Girls usually end up in adult facilities with other women because some provinces only have JRCs for boys.

What’s it like behind bars?

In Juvenile Rehabilitation Centres children’s basic needs are not met. Many children are not provided with a medical check‐up before being placed in detention and those who become sick struggle to access to medical attention. The food is not nutritionally adequate, there’s nowhere to play and no toys or equipment to play with. Children also struggle to get an education as many facilities lack books, pens and writing paper. In many centres the outside space is reserved for boys resulting in girls in one juvenile centre being incarcerated 24 hours per day in their rooms with no access to outside space for exercise..

Pregnant girls and women have a particularly hard time as often they are incarcerated for their entire pregnancy and only brought to a hospital for delivery of their child and then sent back to prison. Some women give birth incarcerated and never receive medical treatment. Once they have given birth, they don’t receive extra food nor is extra food provided for children in prison with their mothers; malnutrition is a serious concern.

What happens when they are released?

Girls who have been incarcerated are considered to have dishonoured their families. Girls are at risk of severe violence upon release from their families-often extending to “honour killings” or coerced suicide.