Forced marriages in Afghanistan as a violation of girls' Human Rights: why is the State not punished internationally?

• DOI: 10.22533/at.ed.21633023061110

• Palavras-chave: Afghanistan; Forced marriages; Human rights; Patriarchy; Regional Human Rights Courts.

• Keywords: Afghanistan; Forced marriages; Human rights; Patriarchy; Regional Human Rights Courts.

• Abstract:

  The article's central objective is to analyze the responsibility of the Afghan State and the reasons for the prevailing international impunity of the State that neglects the practice of forced marriages with underage girls, which constitute transgressions of Human Rights present in the International Convention on Rights of Children. In view of the ratification of the agreement by Afghanistan and the hard law characteristic that this treaty has acquired, the effectiveness of the Committee on the Rights of the Child will be analyzed in guaranteeing the application of the requirements of the aforementioned Treaty. This research will present, in terms of approach, qualitative characteristics, as it will analyze state responsibility in the face of transgressions of precepts established in treaties. Regarding nature, the research will be of an applied nature, seeking to resolve the issue of impunity in Afghanistan through Regional Human Rights Systems.