Explanation on non evolution of modern state in Afghanistan and its effects on Human Rights

Document Type : Original Article

Authors

1 Assistant Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran

2 Ph.D. Candidate, Faculty of Law, University of Tehran: Farabi College, Qom, Iran

10.148308/jlr.2021.185289.1709

Abstract

The nation-state in legal and political application, is a political
organization of society consisting of a government, people and a land
with certain borders. The stability of a
strong and structured nation-state plays a Essential role in the
distribution, redistribution, preservation, protection and
safeguarding of Individual Rights. In this perspective, the efficiency
of the government depends on its success in securing human rights. When we study the structural problems of the modern state in Afghanistan, we clearly understand the root of the functional defects of its institutions in protecting fundamental rights and freedoms and of other government functions. The problems faced by the Afghan government, due to the lack of a political structure, the preservation of the traditional system and
the lack of laws that focus on the realities of society, have led to
disruptions to the process of nation-building. More than anything, the
above-mentioned problems have caused the Afghan government's inability
to provide the essential components of the establishment of human
rights discourse. The present research, while presenting a general view of the obstacles facing Afghanistan in creating a modern nation-state, analyzes the effects of the lack of a modern state on human rights situation in The Afganistan.

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Legal Research Quarterly
Volume 27, Issue 4 - Serial Number 108
February 2025
Pages 121-136

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History

  • Receive Date: 31 August 2020
  • Revise Date: 25 June 2021
  • Accept Date: 27 June 2021

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