Children, particularly those in remote villages like these Badakhshan elementary students, need the state to protect their rights.

September 2011 – Children are one of the most vulnerable groups in Afghanistan. Affected by the conflict, they have limited access to education, security, sufficient food and clean water. Within the justice system, children are afforded limited additional protection, and the existing formal alternatives to detention or pro-active approaches to dealing with delinquency are not routinely implemented.

The Government of Afghanistan is party to key international treaties that protect the rights of children and adults alike. However, the realization of rights through the enactment of national laws is slow, often stalling in the drafting stages. Despite the fact that Afghanistan ratified the Convention on the Rights of the Child (CRC) in 1994, it has yet to be formalized through national legislature. The lack of protective mechanisms for children's rights, coupled with traditional customs, political instability and lack of security throughout the country, has continued to undermine attention to, and action on, the effective implementation of the rights of the child.

To support the Afghan government in meeting its international obligations, UNDP's Justice and Human Rights in Afghanistan (JHRA) project established the Human Rights Support Unit (HRSU) in 2010. Staffed by Afghan nationals, HRSU receives financial and technical support from UNDP and works within the Ministry of Justice to ensure existing national laws and policies comply with the country's international commitments.

The Ministry of Justice, through HRSU, held a conference in coordination with UNICEF in May 2011 to examine concrete steps forward for increasing the protection of children across the country. High-level officials of key ministries and non-state actors gathered to discuss the Concluding Observations of the United Nations Committee on the Rights of the Child for Afghanistan, an independent group of diverse experts on children's rights and international law that provides a neutral review of governments' progress in implementing child rights and offers practical recommendations for how to improve child protection mechanisms in domestic legislation. The conference attendees expressed their full support to take action on the Committee's recommendations, including drafting legislation on children's rights.

At the conference, HRSU presented its review of domestic laws in light of the CRC. "The Ministry's expertise in this area lies with HRSU," Deputy Minister Dr. Qasem Hashemzai said in his address at the conference. "All government partners need to work with HRSU to follow-up on the recommendations made by UN human rights bodies and report on their achievements".

At the request of the Ministry of Justice, HRSU is currently working with UNICEF to develop the National Child Act, which will supersede all existing legislation, and provide comprehensive legal protection in accordance with the provisions of the CRC. The Child Act will also outline systems and procedures to increase the protection children have within the justice system. "It's important that we make sure this legislation reflects what is needed on the part of the children, and what is possible within Afghanistan," said Head of HRSU Hassan Ali Faiz. "Once it is ready, HRSU will work with the central government to ensure all justice providers at the provincial and district levels understand the practical implications of this law. They are the people in direct contact with the majority of Afghans, and it is at this level that we can truly make a change in the lives of children."

The JHRA is a multi-donor programme that helps to develop the capacities of the Government of Afghanistan in providing rule of law services and in complying with international human rights standards. HRSU (a component of JHRA) is funded by the Governments of Canada, Denmark, Germany, Norway, Switzerland and the UK.

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