Afghanistan, Separate Hospital Treatment for Men and Women Case Brief
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Afghanistan, Separate Hospital Treatment for Men and Women Case Brief
1. Is the fighting in Afghanistan an international or a non-international armed conflict? Are the provisions of the Conventions on grave breaches applicable in non-international armed conflicts? Does para. 12 of the Security Council resolution qualify the conflict as an international armed conflict? Or does it affirm that the concept of grave breaches applies in non-international armed conflicts? (GC I-IV, Arts 2 and 3, Arts 50/51/130/147 respectively; GC IV, Art. 4)
2.
a. Does the requirement to separate health facilities for women and men violate IHL? Would you answer differently if such separation meant that women did not receive equal care and treatment? (GC I-IV, Art. 3) Is a complete separation between the health systems for men and women compatible with IHL if both systems provide the same standard of treatment? Is such a separation compatible with international human rights law? (See para. 14 of the Security Council resolution)b. Would the situation under IHL be different if the IHL of international armed conflicts were applicable? (GC I, Art. 12; P
I, Art. 10)
c. In what circumstances does the treatment of women described in the newspaper article amount to a grave breach of IHL, if the law of international armed conflicts is applicable? (GC I, Art. 50; GC IV, Art. 147; P I, Arts 11(4) and 85)
3.
a. Do such restrictions for treatment make humanitarian action impossible in these particular circumstances?
b. If humanitarian organizations choose not to stay under such circumstances, is their departure a protest against the
lack of adequate treatment and care for women? Or against the policy of separating men and women? Is the latter not a
cultural judgement? Should aid organizations not respect and adapt to the culture and beliefs of the area in which they
are working? Do they always have to adapt and to what extent? Should they ask Afghan women whether they agree to
or wish to have separate treatment? Should they always respect the will of those concerned?
c. If a humanitarian organization chose to leave the region in protest at such circumstances would this not, in effect, punish the women, as they would receive even less aid?
Afghanistan, Separate Hospital Treatment for Men and Women Case Brief
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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Afghanistan, Separate Hospital Treatment for Men and Women Case Brief