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National Constitutional provisions – Afghanistan

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

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Afghanistan constitution - 4 January 2004

 

EDUCATION

Article 17

The state shall adopt necessary measures to foster education at all levels, develop religious teachings, regulate and improve the condition of mosques, religious schools as well as religious centers.

Article 43

Education is the right of all citizens of <?xml:namespace prefix = st1 />Afghanistan, which shall be offered up to the B.A. level in the state educational institutes free of charge by the state.  To expand balanced education as well as to provide mandatory intermediate education throughout Afghanistan, the state shall design and implement effective programs and prepare the ground for teaching mother tongues in areas where they are spoken.

Article 44

The state shall devise and implement effective programs to create and foster balanced education for women, improve education of nomads as well as eliminate illiteracy in the country.

Article 45

The state shall devise and implement a unified educational curricula based on the tenets of the sacred religion of Islam, national culture as well as academic principles, and develop religious subjects curricula for schools on the basis of existing Islamic sects in Afghanistan.

Article 46

Establishing and administering higher, general and specialized educational institutions shall be the duty of the state.  The citizens of Afghanistan shall establish higher, general and specialized educational as well as literacy institutions with permission of the state.  The state shall permit foreign individuals to establish higher, general and specialized institutions in accordance with the provisions of the law.  Admission terms to higher educational institutes of the state and other related matters shall be regulated by law.

Article 47

The state shall devise effective programs for fostering knowledge, culture, literature and arts.  The state shall guarantee the copyrights of authors, inventors and discoverers, and, shall encourage and protect scientific research in all fields, publicizing their results for effective use in accordance with the provisions of the law.

EQUALITY

Article 22

Any kind of discrimination and distinction between citizens of Afghanistan shall be forbidden.  The citizens of Afghanistan, man and woman, have equal rights and duties before the law.

GENDER

Article 22

[…] man and woman, have equal rights and duties before the law.

DISABILITIES

Article 53

The state shall adopt necessary measures to regulate medical services as well as financial aid to survivors of martyrs and missing persons, and for reintegration of the disabled and handicapped and their active participation in society, s in accordance with provisions of the law.  The state shall guarantee the rights of retirees, and shall render necessary aid to the elderly, women without caretaker, disabled and handicapped as well as poor orphans, in accordance with provisions of the law.

LANGUAGE

Article 16

From amongst Pashto, Dari, Uzbeki, Turkmani, Baluchi, Pachaie, Nuristani, Pamiri and other current languages in the country, Pashto and Dari shall be the official languages of the state.  In areas where the majority of the people speak in any one of Uzbeki, Turkmani, Pachaie, Nuristani, Baluchi or Pamiri languages, any of the aforementioned language, in addition to Pashto and Dari, shall be the third official language, the usage of which shall be regulated by law.  The state shall design and apply effective programs to foster and develop all languages of Afghanistan.  Usage of all current languages in the country shall be free in press publications and mass media.  Academic and national administrative terminology and usage in the country shall be preserved. 

RELIGION

Article 2

The sacred religion of Islam is the religion of the Islamic Republic of Afghanistan. Followers of other faiths shall be free within the bounds of law in the exercise and performance of their religious rituals.

Article 3

No law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan.

PARENTS

Article 54

Family is the fundamental pillar of the society, and shall be protected by the state.  The state shall adopt necessary measures to attain the physical and spiritual health of the family, especially of the child and mother, upbringing of children, as well as the elimination of related traditions contrary to the principles of the sacred religion of Islam.

HUMAN RIGHTS MECHANISMS

Article 58

To monitor respect for human rights in Afghanistan as well as to foster and protect it, the state shall establish the Independent Human Rights Commission of Afghanistan.  Every individual shall complain to this Commission about the violation of personal human rights.  The Commission shall refer human rights violations of individuals to legal authorities and assist them in defense of their rights.  Organization and method of operation of the Commission shall be regulated by law.