IV 
111TH CONGRESS 
1ST SESSION 
H. CON. RES. 108 
Expressing the sense of Congress that the Shi’ite Personal Status Law in 
Afghanistan violates the fundamental human rights of women and should 
be repealed. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2009 
Mrs. MALONEY (for herself, Ms. BALDWIN, and Mrs. BIGGERT) submitted the 
following concurrent resolution; which was referred to the Committee on 
Foreign Affairs 
CONCURRENT RESOLUTION 
Expressing the sense of Congress that the Shi’ite Personal 
Status Law in Afghanistan violates the fundamental 
human rights of women and should be repealed. 
Whereas in March 2009, the Shi’ite Personal Status Law was 
approved by the parliament of Afghanistan and signed by 
President Hamid Karzai; 
Whereas according to the United Nations, the law legalizes 
marital rape by mandating that a wife cannot refuse sex 
to her husband unless she is ill; 
Whereas the law also weakens mothers’ rights in the event 
of a divorce and prohibits a woman from leaving her 
home unless her husband determines it is for a ‘‘legiti-
mate purpose’’; 
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•HCON 108 IH 
Whereas President Barack Obama has called the law ‘‘abhor-
rent’’ and stated that ‘‘there are certain basic principles 
that all nations should uphold, and respect for women 
and respect for their freedom and integrity is an impor-
tant principle’’; 
Whereas the United Nations High Commissioner for Human 
Rights has said that the law represents a ‘‘huge step in 
the wrong direction’’ and is ‘‘extraordinary, reprehensible 
and reminiscent of the decrees made by the Taliban re-
gime in Afghanistan in the 1990s’’; 
Whereas the Secretary-General of the North Atlantic Treaty 
Organization (NATO) has asserted that passage of the 
law could discourage countries in Europe from contrib-
uting additional troops to help combat terrorism in the 
region; 
Whereas President Karzai has instructed the Government of 
Afghanistan and members of the clergy to review the law 
and change any articles that are not in keeping with Af-
ghanistan’s Constitution and Islamic Sharia, yet has not 
made a concrete declaration that the provision legalizing 
marital rape and other provisions curtailing women’s 
rights will be removed completely; 
Whereas the law includes provisions that are fundamentally 
incompatible with the obligations of the Government of 
Afghanistan under the various international instruments 
that it has ratified, as well as under its own Constitution; 
Whereas Afghanistan is a signatory of the Universal Declara-
tion of Human Rights (UDHR), which establishes the 
principle of nondiscrimination, including on the basis of 
sex, and states that men and women are entitled to equal 
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•HCON 108 IH 
rights to marriage, during marriage, and at its dissolu-
tion; 
Whereas Afghanistan became a party to the International 
Covenant on Economic, Social and Cultural Rights, done 
at New York December 16, 1966, and entered into force 
January 3, 1976 (ICESCR), which emphasizes the prin-
ciple of self-determination, in that men and women may 
freely determine their political status as well as their eco-
nomic, social, and cultural development; 
Whereas Afghanistan acceded to the Convention on the 
Elimination of All Forms of Discrimination Against 
Women, done at New York December 18, 1979, and en-
tered into force September 3, 1981 (CEDAW), which 
condemns discrimination against women in all its forms 
and reaffirms the equal rights and responsibilities of men 
and women during marriage and at its dissolution; 
Whereas, notwithstanding any declarations or reservations 
made upon ratification of these various international con-
ventions, the Government of Afghanistan is under an ob-
ligation not to act in any way which might defeat the ob-
ject and purpose of these conventions, pursuant to the 
Vienna Convention on the Law of Treaties, done at New 
York May 23, 1969, and entered into force January 27, 
1980, which is widely recognized as embodying customary 
international law; 
Whereas Article 22 of the Constitution of Afghanistan (2003) 
prohibits any kind of discrimination between and privi-
lege among the citizens of Afghanistan and establishes 
the equal rights of all citizens before the law; 
Whereas Article 54 of the Constitution of Afghanistan obli-
gates the Government of Afghanistan to ensure the phys-
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•HCON 108 IH 
ical and psychological well-being of the family, especially 
of mothers and children; 
Whereas the international community and the United States 
have a long-standing commitment to and interest in 
working with the people and Government of Afghanistan 
to re-establish respect for fundamental human rights and 
protect women’s rights in Afghanistan; and 
Whereas the provisions in the Shi’ite Personal Status Law 
that restrict women’s rights are diametrically opposed to 
those goals: Now, therefore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That Congress— 
(1) urges the Government of Afghanistan and 
President Hamid Karzai to declare the provisions of 
the Shi’ite Personal Status Law on marital rape and 
restrictions on women’s freedom of movement uncon-
stitutional; 
(2) supports the decision by President Karzai 
to analyze the draft law and strongly urges him not 
to publish it on the grounds that it violates the Con-
stitution of Afghanistan and the basic human rights 
of women; 
(3) encourages the Secretary of State, the Spe-
cial Representative to Afghanistan and Pakistan, the 
Ambassador-at-Large for International Women’s 
Issues, and the United States Ambassador to Af-
ghanistan to consider and address the status of 
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•HCON 108 IH 
women’s rights and security in Afghanistan to en-
sure that these rights are not being eroded through 
unjust laws, policies, or institutions; and 
(4) encourages the Government of Afghanistan 
to solicit information and advice from the Ministry 
of Justice, the Ministry for Women’s Affairs, the Af-
ghanistan Independent Human Rights Commission, 
and women-led nongovernmental organizations to 
ensure that current and future legislation and offi-
cial policies protect and uphold the equal rights of 
women, including through national campaigns to 
lead public discourse on the importance of women’s 
status and rights to the overall stability of Afghani-
stan. 
Æ 
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