Submitted by basma on
This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
The CRC was incorporated into Tajikistan law upon ratification and official publication, and can be directly enforced in courts. A legal challenge to a violation of children's rights can be brought through civil, administrative, constitutional, or criminal proceedings. Children generally must be represented by a parent or legal guardian in legal proceedings, though children aged 14 to 18 have partial procedural capacity. Complaints may also be submitted to the Human Rights Ombudsman, however the specific interests of children may not be sufficiently addressed due to its general mandate. Non-governmental organisations are entitled to file and intervene in proceedings on behalf of child victims. Legal aid is available in some cases, though lawyers are generally unwilling to work on a pro bono basis. In practice, parents often do not represent the interests of their children and are unwilling to be involved in court proceedings. Furthermore, the Tajik criminal justice system lacks juvenile courts.
