It may seem to be a simple matter of common sense that justice is central to any well-functioning society. However, the question of what justice is, exactly, and how it is achieved are more difficult matters. The principles of justice and fairness point to ideas of fair treatment and “fair play” that should govern all modes of exchange and interaction in a society. They serve as guidelines for carrying out justice.
Social justice demands that all people have a right to basic human dignity and to have their basic economic needs met. Our commitment to social justice recognizes that health is affected by a host of social factors. It is not possible to address trauma and violence without also wrestling with poverty, racism and all other forms of stigma. In other words, In conditions of social justice, people are not be discriminated against, nor their welfare and well-being constrained or prejudiced on the basis of gender, sexuality, religion, political affiliations, race, belief or social class. Because of this, we cannot ignore deep seated inequalities as we seek answers to problems like violence and trauma. Rather, we must struggle with these problems clearly and honestly.
Social justice is about assuring the protection of equal access to liberties, rights, and opportunities, as well as taking care of the least advantaged members of society. Thus, whether something is just or unjust depends on whether it promotes or hinders equality of access to civil liberties, human rights, opportunities for healthy and fulfilling lives, as well as whether it allocates a fair share of benefits to the least advantaged members of society.
Social justice is the virtue which guides us in creating those organized human interactions we call institutions. In turn, social institutions, when justly organized, provide us with access to what is good for the person, both individually and in our associations with others. Social justice also imposes on each of us a personal responsibility to work with others to design and continually perfect our institutions as tools for personal and social development.
Undoubtedly, the desire for fairness is as Afghans as apple pie – it is in our blood. We get riled up when people are not treated fairly and we think something should be done about it.
Moreover, whether something is just or unjust also depends on whether advantages and disadvantages are distributed appropriately in society. David Miller explains that when “we attack some policy or some state of affairs as socially unjust, we are claiming that a person, or more usually a category of persons, enjoys fewer advantages than that person or group of persons ought to enjoy.”
Human rights play a significant role in Miller’s theory of social justice. Miller explains that “a central element in any theory of justice will be an account of the basic rights of citizens, which will include rights to various concrete liberties, such as freedom of movement and freedom of speech ... an extensive sphere of basic liberty is built into the requirements of social justice itself.” As introduced earlier, human rights are expansive and include rights in many areas.
Despite the explicit statement in Afghanistan Constitutional Law, which prevents discrimination against citizens, Afghan women suffer from social injustice. It is said in Article 22, “Any kind of discrimination and distinction between citizens of Afghanistan shall be forbidden. The citizens of Afghanistan, man and woman, have equal rights and duties before the law.”
Despite laws prohibiting gender violence and upholding women’s rights, widespread gender discrimination, fear of abuse, corruption and other challenges are undermining the judicial system.
Women are denied their most fundamental human rights and risk further violence in the course of seeking justice for crimes perpetrated against them.
Equality in rights amongst gender on the basis of emancipation should make it possible for women to be human in most sense. All artificial barriers should be broken and the road towards greater freedom cleared of every trace of centuries of submission and slavery. The women right based on quality, access to higher education, and their escape from narrow gender roles is not easily achieved. The struggle for sexual equality based on civil rights has a long history and is likely to continue. In traditionally patriarchal society any improvement in the status of women has for reaching consequences and produces fundamental social and political change. Therefore it is always resisted by the established powers in a society. However, it seems, certain that they will ultimately have to relent; because struggle based on equal rights for women is both necessary and desirable.
Discrimination against women has deep cultural and historical roots in Afghanistan. During the life of this nation, women have always been oppressed and have faced many problems from both history and their families. In the context of Afghan society there were acts towards women that caused harm to their spiritual, moral and social development. It was and still culturally accepted that women should stay at homes doing jobs and give births to kids. They are denied basic human rights of choosing their life partners. Poor economic status, coupled with socio-economic structure of the country, violence with in homes, and substance abuses are among the causes that has increased the vulnerability of Afghan women and has deprived them from justice.
A prosperous Afghanistan’s dream can be transformed into reality ascertaining social justice’s underlying principle for peaceful and harmonious coexistence within communities and among nations. The government should uphold the principles of social justice to promote gender equality or the rights of indigenous peoples including minorities.
The government should advance social justice to remove barriers that people face because of gender, age, race, ethnicity, religion, culture, disability and replacing traditional with legal justice system. The noteworthy is that only legal justice saves a person from arbitrariness of course and ensures provision of justice to anyone, anywhere.