Règle correspondante
Afghanistan
Practice Relating to Rule 135. Children
Afghanistan’s Presidential Decree on Special Operations (2012) states:
Handing over the Special Operations from … NATO to [the] mixed – MoD [Ministry of Defence], MoI [Ministry of the Interior] and NDS [National Directorate of Security] – Afghan security forces was an essential [step] to ensure and guarantee the national sovereignty and rule of law in Afghanistan. Implementation of such operation[s] makes the responsibilities of the judicial and justice bodies harder, and requires them to have a[n] [in-]depth concentration on the fundamental rights and freedom[s] of the citizens, guaranteed in the Constitution and Criminal Procedure Code in [all] phases – inspection, detection, investigation, prosecution and trial.
Thus, I order observance of the following provisions … :
4. During the Special Operations … special measures [are to] be taken to protect juveniles … . 
Afghanistan, Presidential Decree on Special Operations, 2012, Article 4.
In 2009, in its initial report to the Committee on the Rights of the Child, Afghanistan stated:
National Strategy for Children at Risk
55. This strategy was adopted in 2006 and seeks to provide a framework for the development of a network of services and programmes which protect children and support their families … The aim is to protect children from exploitation, violence, and abuse. Various categories of children have been identified as “at risk” … Through implementation of this strategy over the last three years 2,366,177 children have been protected.
164. The MoLSAMD [Ministry of Labour, Social Affairs, Martyrs & Disabled] adopted the National Strategy for Children at Risk in 2006. One of the Strategy’s objectives is to build a supportive environment for children at risk by creating conditions for: adequate income and livelihoods for the maintenance of children; suitable and affordable shelters; access to basic healthcare; awareness on importance of nutrition; access to quality education; enabling a secure environment; preventing underage and forced marriages; social protection; awareness on respecting the rights of children; and access to safe drinking water. The Strategy also supports children who are at risk due to armed conflict and tries to secure a standard of living that is in line with the Convention’s standards.
… Child street workers
176. In Afghanistan there are no street children, but there are child street workers who resort to working in the streets because of their families’ poor economic conditions [and] conflict-related problems (internal displacement and weakening of community support networks) …
178. The existence of child street workers is a big challenge for the Government and civil society. The Government, in cooperation with international organizations, has established drop-in day centres to support these children. The children come to the centres daily at specific hours. Here they have access to … food … These centres have … social workers, and other service personnel.
255. In accordance with the National Strategy on the Protection of Children at Risk, article 71, safe play areas have been established throughout the country to facilitate the healthy physical and emotional development of children and preserve them from the risk of landmines and unexploded ordinances.
359. Despite the achievements, many serious challenges still lie ahead on the path of ensuring and institutionalizing child rights such as: … victimization of children during the armed conflict; … lack of access of children to standard living conditions; presence of street children. 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, §§ 55, 164, 176, 178, 255 and 359.
Afghanistan also stated that the category of “children at risk” includes “child soldiers and other war-affected children … [as well as] internally displaced and returnee children”. 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, § 55, footnote n. 17.
Afghanistan further stated: “The laws of Afghanistan define all individuals under the age of 18 years as a child.” 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, § 72.
In 2009, in its initial report to the Committee on the Rights of the Child, Afghanistan stated:
164. The MoLSAMD [Ministry of Labour, Social Affairs, Martyrs & Disabled] adopted the National Strategy for Children at Risk in 2006. One of the Strategy’s objectives is to build a supportive environment for children at risk by creating conditions for … access to quality education … The Strategy also supports children who are at risk due to armed conflict and tries to secure a standard of living that is in line with the Convention’s standards.
176. In Afghanistan there are no street children, but there are child street workers who resort to working in the streets because of their families’ poor economic conditions, conflict-related problems (internal displacement and weakening of community support networks), and lack of educational opportunities.
178. The existence of child street workers is a big challenge for the Government and civil society. The Government, in cooperation with international organizations, has established drop-in day centres to support these children. The children come to the centres daily at specific hours. Here they have access to schooling [and] learning skills of their interest … These centres have teachers, social workers, and other service personnel.
230. …
- The MoE [Ministry of Education], in cooperation with relevant civil society organizations, has implemented a two-phase accelerated education programme targeting children, especially girls, who were deprived of education during conflict and Taliban era and reintegrate them into mainstream education. From February 2003 to end of 2005, education was provided in 17 provinces in more than 6,800 classes to 170,000 primary students by 6,800 teachers. The second stage, which is currently continuing, supports students aged 10 to 15 years to complete two education years in one year upon which they are enrolled into basic mainstream education schools. 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, §§ 164, 176, 178 and 230.
Afghanistan also stated: “The laws of Afghanistan define all individuals under the age of 18 years as a child.” 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, § 72.
Afghanistan’s Juvenile Code (2005) states: “Children cannot be [sentenced] to life imprisonment or the death penalty.” 
Afghanistan, Juvenile Code, 2005, Article 39(1)(c).
The Code states also: “[A c]hild [is a] person who [is under] the age of 18.” 
Afghanistan, Juvenile Code, 2005, Article 4(1).
In 2009, in its initial report to the Committee on the Rights of the Child, Afghanistan stated:
97. Article 76.1 of the Penal Code also ensures that the death penalty is not applied to children under any circumstances. According to article 39 of the Juvenile Code (2005) children cannot be sentenced to life imprisonment or capital punishment.
290. Article 39 of the Juvenile Code (2005) prohibits capital punishment or life sentence of children. Article 76 of the Penal Code states that if a minor commits a crime for which the penalty is capital punishment or life sentence, the court can place the child in detention, provided that his custody period … [does] not exceed five years … The Juvenile Code (2005) will be applied in the cases of underage persons detained for their participation in anti-government armed groups. 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, §§ 97 and 290.
Afghanistan also stated that: “The laws of Afghanistan define all individuals under the age of 18 years as a child.” 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, § 72.
Afghanistan further stated that there had been “three decades of war and instability” in the country. 
Afghanistan, Initial report to the Committee on the Rights of the Child, 13 June 2010, UN Doc. CRC/C/AFG/1, submitted 28 August 2009, § 4.