Afghan Women Judges’ Capacity Building

This project intended to strengthen the skills and knowledge of Afghan female judges to consider and apply constitutional rights, including fundamental rights and freedoms, in cases under their adjudication.

The Afghan Women Judges Association (AWJA) established in 2002, subsequently became a part of the Supreme Court structure, focusing on Afghan female judges’ capacity enhancement. The membership of female judges grew to approximately 260 judges nationwide. As of 2018, AWJA is registered as an Independent Organization with the Ministry of Justice.

ALRDO along with its partner Institution, Max Planck Foundation for International Peace and the Rule of Law (MPFPR), and in partnership with the Supreme Court of Afghanistan, implement this project in Afghanistan. So far, the female judges of different courts from Kabul and provinces have actively participated in the inclusive capacity development trainings.

First Training Workshop: “Introduction to Constitutional Law”

Main topics discussed during the first training workshop:

  • Introduction to a Constitution
  • The Afghanistan Constitution
  • Constitutionalism in Islam from a Comparative Perspective
  • The Hierarchy of Legal Norms from a Comparative Perspective
  • The Hierarchy of Norms in the Afghan Context
  • Constitutional Interpretation from a Comparative Perspective
  • Separation of Powers, an Overview
  • The Separation of Powers in the Afghan System
  • Theoretical Overview and Comparative Perspective on Judicial Independence
  • Islam in the Afghan Constitution

Second Training Workshop: “Fundamental Rights and Freedoms”

Main topics discussed during this training workshop:

  • The notion of human rights and fundamental freedoms, a brief historical overview
  • The notion of human rights and fundamental freedoms and the State´s obligations: to respect, protect and fulfil
  • Human rights and fundamental freedoms in the Islamic context, competing views
  • Human rights and fundamental freedoms in the Afghan Constitutions
  • Civil, Political and Democratic rights vs Economic, social and cultural rights
  • The Non-Discrimination Principle
  • Administrative Law in the HR framework, what happens when an administrative decision breaches HR?
  • Judicial Independence, an international perspective

Third Training Workshop: “Constitutional Law in ordinary litigation”

Main topics discussed during this training workshop:

  • Constitutional law and ordinary law: relations and implications
  • Judicial Review in Afghanistan
  • Implementation of the Hanafi Jurisprudence in the light of Art. 130 of the Constitution
  • 3 of the Constitution of Afghanistan: implications for trial judges
  • Constitutional questions in trial courts, detecting, referring, deciding litigation
  • The Right to a Fair Trial
  • The basic rights of accused and suspect in criminal cases in Afghanistan
  • Comparative Study of Fundamental Rights in Afghanistan, Pakistan and Iran
  • Universal Declaration of Human Rights´ principles in the Islamic context Electoral system in Afghanistan and Right to vote

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