Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Persons with Disabilities
The constitution prohibits any kind of discrimination against citizens and requires the state to assist persons with disabilities and to protect their rights, including the rights to health care and financial protection. The constitution also requires the state to adopt measures to reintegrate and provide for the active participation in society of persons with disabilities. The law provides for equal rights to, and the active participation of, such persons in society. Observers reported that both the constitutional provisions and disabilities rights law were mostly ignored and unenforced.
Persons with disabilities faced barriers such as limited access to educational opportunities, inability to access government buildings, difficulty in acquiring government identification required for many government services and voting, lack of economic opportunities, and social exclusion due to stigma.
Lack of security remained a problem for disability programs. Insecurity in remote areas, where a disproportionate number of persons with disabilities lived, precluded delivery of assistance in some cases. The majority of buildings remained inaccessible to persons with disabilities, prohibiting many from benefitting from education, health care, and other services.
In the Meshrano Jirga, authorities reserved two of the presidentially appointed seats for persons with disabilities. By law 3 percent of all government positions are reserved for persons with disabilities, but government officials acknowledged the law was not enforced.
Human Rights Watch released a report in April in which a woman with a disability reported that Herat city offered no disability support services, including technical support for wheelchair damage. She told interviewers she was stranded indoors, unable to access recreational activities.
Section 7. Worker Rights
d. Discrimination with Respect to Employment and Occupation
The constitution prohibits discrimination and notes that citizens, both “man and woman,” have equal rights and duties before the law. It expressly prohibits discrimination based on language. The constitution contains no specific provisions addressing discrimination based on race, religion, national origin, color, sex, ethnicity, disability, or age. The penal code prescribes a term of imprisonment of not more than two years for anyone convicted of spreading discrimination or factionalism, which is commensurate to laws related to civil rights, such as election interference. A 2018 law criminalized physical, verbal, and nonverbal harassment, punishable with a fine, but the law remained largely ineffective due to underreporting.
Women continued to face discrimination and hardship in the workplace. Women made up only 22 percent of the workforce. Many women faced pressure from relatives to stay at home and encountered hiring practices that favored men. Older and married women reported it was more difficult for them than for younger, single women to find jobs. Women who worked reported they encountered insults, sexual harassment, lack of transportation, and an absence of day-care facilities. Gender-based violence escalated with targeted killings of high-profile women in the public sector. Salary discrimination existed in the private sector. Men earned 30 percent more on average in the same occupations as women and 3.5 times more in agriculture and forestry, where women occupied two-thirds of the workforce. Female journalists, social workers, and police officers reported they were often threatened or abused. Persons with disabilities also suffered from discrimination in hiring.
The Ministry of Labor and the Ministry of Public Health jointly adopted a regulation prescribing a list of 244 physically arduous and harmful occupations prohibited to women and children, of which 31 are identified as worst forms of child labor that are prohibited to children younger than 18. It is not permissible for women and children to engage in types of work that are physically arduous, harmful to health, or carried out in underground sites, such as in the mining sector.
Ethnic Hazaras, Sikhs, and Hindus faced discrimination in hiring and work assignments, in addition to broader social discrimination (see section 6, Members of National/Racial/Ethnic Minority Groups).
e. Acceptable Conditions of Work
The minimum wage rates for workers in the nonpermanent private sector and for government workers were below the poverty line.
The labor law defines the standard workweek for both public- and private-sector employees as 40 hours: eight hours per day with one hour for lunch and noon prayers. The labor law makes no mention of day workers in the informal sector, leaving them completely unprotected. There are no occupational health and safety regulations or officially adopted standards. The law, however, provides for reduced standard workweeks for children ages 15 to 17, pregnant women, nursing mothers, and miners and workers in other occupations that present health risks. The law provides workers with the right to receive wages, annual vacation time in addition to national holidays, compensation for on-the-job injuries, overtime pay, health insurance for the employee and immediate family members, and other incidental allowances. The law prohibits compulsory work without establishing penalties and stipulates that overtime work be subject to the agreement of the employee. The law requires employers to provide day care and nurseries for children.
The government did not effectively enforce minimum wage and overtime nor occupational health and safety laws. The number of labor inspectors was not sufficient to enforce compliance, and inspectors have no legal authority to enter premises or impose penalties for violations. Resources, inspections, and remediation were inadequate, and penalties for violations were not commensurate with those for similar crimes.
Employers often chose not to comply with the law or preferred to hire workers informally. Most employees worked longer than 40 hours per week, were frequently underpaid, and worked in poor conditions, particularly in the informal sector. Workers were generally unaware of the full extent of their labor rights. Although comprehensive data on workplace accidents were unavailable, there were several reports of poor and dangerous working conditions. Some industries, such as brick kiln facilities, continued to use debt bondage, making it difficult for workers to remove themselves from situations of forced labor that endangered their health or safety.