Tajikistan: Children's Rights References in the Universal Periodic Review

A compilation of extracts featuring child-rights issues from the reports submitted to the second Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.


Tajikistan - Twenty Fifth Session - 2016

 
6 May 2016 - 14:30 - 18:00
 

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National Report

Compilation of UN Information

Stakeholder Information

Accepted and Rejected Recommendations

 

National Report

II. General overview, and reform of institutional mechanisms for the protection of human rights

Recommendations Nos. 88.3, 88.4, 88.5, 88.6 and 88.7 

6. On 15 July 2015, the office on human rights safeguards was transformed into a department, and an office on the rights of the child was established within the Executive Office of the President. The new department’s human resources were increased commensurate with this change. The department acts as the secretariat to the Government Commission on Compliance with International Human Rights Obligations. 

7. With a view to the establishment of a children’s ombudsman office, the Government approved a bill to amend the Commissioner for Human Rights Act, which has been adopted by the country’s parliament. 

III. Cooperation with United Nations human rights mechanisms and civil society

Recommendations 88.1, 88.2 and 88.3 

12. Between 2010 and 2015, Tajikistan submitted (presented) periodic reports to, and received recommendations from, the following committees: the Committee on the Rights of the Child (2010 and 2015); the Committee on the Elimination of Discrimination against Women (2013); the Committee against Torture (2012); the Committee on the Elimination of Racial Discrimination (2012); the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (2012); the Human Rights Committee (under the International Covenant on Civil and Political Rights) (2013); and the Committee on Economic, Social and Cultural Rights (under the eponymous Covenant) (2015). 

C. Justice
Recommendations 88.44, 88.45, 90.29, 90.30, 90.32, 90.37 

41. To ensure justice for juveniles, provide comprehensive safeguards with respect to their rights and interests, ensure their comfort during initial inquiries and investigations and when administrative and criminal cases are heard in court, appoint serving judges to specialize in juvenile cases and refine relevant legislation, the National Action Plan for Juvenile Justice Reform was carried out between 2010 and 2015, and the Judicial Reform Programme for 2015-2017 is currently being implemented. The membership of a working group to draft a national action plan on juvenile justice for 2017-2021 has been confirmed and includes representatives of ministries and departments, the Commissioner for Human Rights and civil society. 

E. Combating trafficking in persons

Recommendations 88.36, 88.37, 88.38, 88.39, 88.40, 88.41 and 88.42

49. In order to intensify the fight against trafficking in persons, a Comprehensive Programme to Combat Trafficking in Persons for 2014-2016 has been approved and the legislative framework in this area is being refined. On 14 June 2014, the Trafficking in Persons and Assistance to Victims Act was adopted. A working group has been established under the Ministry of Internal Affairs, comprising representatives of relevant ministries and departments, to prepare draft regulations on the Centre to Combat Trafficking in Persons. The Comprehensive Programme to Combat Trafficking in Persons for 2011-2013 was approved pursuant to a government decision of 3 March 2011 and has been successfully implemented. At present, a supplementary action plan to strengthen efforts to combat trafficking in persons is being carried out with the aim of eradicating the worst forms of child labour and affording assistance to trafficking victims. In 2012, the Government approved the National Social Development Programme for Youth, in accordance with which funding is being earmarked to prevent and combat trafficking in persons. 

51. Between 2010 and the third quarter of 2015, 60 offences under article 130.1 (trafficking in persons) of the Criminal Code and 85 offences under article 167 (trafficking in minors) were recorded; the victims were mainly women and girls. All the offences were investigated, and the perpetrators were prosecuted.

52. Pursuant to the memorandum of understanding between the Government of Tajikistan and the International Organization for Migration (IOM), trafficking victims are referred to crisis centres with a view to their return. The Ministry of Internal Affairs identified 16 trafficking victims and, with the help of the IOM centre for children and support to trafficking victims in Tajikistan, returned 6 of them from the city of Dubai, in the United Arab Emirates. They were transferred to the centre to receive rehabilitative care. 

63. As part of efforts to raise awareness among rural women and girls, through public information and education campaigns, of their right to access justice and education and their right to use of the land, the Republic’s courts have held 759 review meetings on causes and factors that can give rise to crime and civil disputes or lead to court judgements being overturned or revised. Some 830 suggestions for preventing the recurrence of similar situations have been submitted to the relevant bodies; 10,014 presentations have been made during meetings with the public and on national and local television and radio stations, and 1,169 articles have appeared in the press. 

65. To ensure that civil servants contribute more actively to efforts to raise gender awareness and address gender equality issues in the family and society, various activities are being carried out at all levels of government through the skills upgrading system for the civil service and similar programmes for ministries and departments. In the last five months of 2015 alone, 11 courses were created at the Presidential Institute for Public Administration, including 1 refresher training and 10 further training courses, which have been attended by 462 civil servants, including 233 women (50.6 per cent of attendees). The courses cover the following themes: “Legal framework for the civil service in Tajikistan”; “Women leaders”; “Application of the national and international legal and regulatory framework on the rights of the child”; and “Gender-based approaches to safeguarding human rights in the civil service”. 

H.

Rights of the child and eradication of child labour

Recommendations 88.12, 88.13, 88.50, 88.53, 88.54, 89.2, 89.3, 89.4, 90.28, 90.48 and 90.49

66. The National Plan of Action for Children was carried out from 2003 to 2010 in order to implement the provisions of the Convention on the Rights of the Child and the recommendations of the Committee on the Rights of the Child concerning the initial report of Tajikistan and to fulfil the country’s international obligations with respect to the protection of children’s rights and interests.

67. Registration of the birth of a child is free of charge in Tajikistan. In accordance with article 5 of the Stamp Duty Act, citizens are entirely exempted from payment of stamp duty in connection with the registration of births and issuance of birth certificates.

68. An office on the rights of the child was established within the Executive Office of the President on 15 July 2015 and now acts as the secretariat to the Government Commission on the Rights of the Child. In addition, a children’s rights office was set up within the office of the Commissioner for Human Rights in 2012. The office employs three staff, one of whom deals with juvenile justice issues. A juvenile justice department was established within the Ministry of Justice in 2011 and, in 2012, became the department for juvenile justice and children’s rights.

69. An appropriate legal framework is in place for tackling forced labour. The Constitution in article 35, the Labour Code, the Education Act and the Act on Parental Responsibility for the Instruction and Education of Children prohibit the engagement of children in forced labour. In addition, pursuant to a presidential order of 12 September 2006, the employment of children in cotton harvesting has been outlawed. The National Programme for 2015-2020 to Eradicate the Worst Forms of Child Labour in Tajikistan was approved pursuant to a presidential decision of 31 October 2014. It is based on article 6 of the International Labour Organization (ILO) Worst Forms of Child Labour Convention, 1999 (No. 182), which was ratified by Tajikistan in 2005. The Programme provides for social protection for families with children who are engaged in the worst forms of child labour or are in the at-risk group. It also provides for easier access by parents of children who are at risk of being recruited to work in difficult conditions. On 14 March 2014, amendments were made to article 130 (2) of the Criminal Code incorporating a definition of “forced labour” and specifying penalties for its use.

70. Every year, the State service overseeing labour, migration and employment, together with the procuratorial authorities, the tax inspectorate, the Government Commission on the Rights of the Child and civil society organizations, carries out inspections aimed at eliminating the informal employment of minors.

71. As part of his work, the Commissioner for Human Rights periodically conducts public information campaigns. In 2012, the Commissioner, in cooperation with civil society, carried out monitoring in eight of the Republic’s regions to assess respect in the juvenile justice system for the right of minors to freedom from torture and cruel treatment. This monitoring covered children who had previously been in conflict with the law. In 2014, the use of violence against children in five closed and semi-open institutions was monitored. In addition, in 2012-2015, monitoring was undertaken in 23 reform schools to evaluate the observance of the rights and freedoms of children as set out in the Convention on the Rights of the Child.

72. Dialogue on the fight against trafficking in persons takes place on a regular basis with the participation of social partners, namely, diplomatic missions of foreign States, international organizations and the Interdepartmental Commission on Combating Trafficking in Persons. In 2013, in order to upgrade the professional skills of officers at penal institutions (women’s colonies) and reform schools (children’s colonies), the Commissioner for Human Rights conducted training sessions on international standards and national legislation on the rights of children and women deprived of liberty.

73. Staff of the Commissioner’s office have held a number of meetings on issues relating to the rights and freedoms of children, the prohibition on corporal punishment of children and ways of guaranteeing children’s access to education and safe drinking water, and on international standards in those areas. The meetings were organized and took place in the following towns and districts of Sughd province: in Khujand, Chkalovsk, Kanibadam, Bobojon Gafurov, Isfara and Istaravshan. The deputy chairpersons of the towns and districts and the heads of the departments of women’s affairs, education, health, social protection and internal affairs took part, along with civil society representatives, residential school principals and their charges.

74. On 18 March 2015, the Protection of Children’s Rights Act was passed. The Act contains an explicit prohibition on the employment of children in heavy, underground work and in harmful working conditions. Tajik legislation explicitly prohibits child labour and corporal punishment of children in any circumstances, including in the home and at school. In addition, amendments have been made to article 174 (non-fulfilment of duties with respect to the upbringing of a minor) of the Criminal Code, under which failure to fulfil or to properly fulfil duties with respect to the upbringing of a minor by a parent or other person entrusted by law with those duties, or by a teacher or other employee of an educational establishment or reform school, if accompanied by cruel treatment of the minor, is a criminal offence. 

Recommendations 88.52, 90.43, 90.44, 90.45, 90.46 and 90.47

94. For the purposes of safeguarding freedom of religion, ensuring tolerance and fighting all forms of discrimination against persons belonging to religious minorities, awareness-raising and cultural events, along with training seminars, have been held for the public and members of the clergy to explain the provisions of the Freedom of Conscience and Religious Associations Act, the Traditions, Celebrations and Rituals Regulation Act and the Domestic Violence Prevention Act. In cooperation with the Russian Orthodox Church in the City of Dushanbe, an international theoretical conference on the theme “Christianity and Islam” was held in the city’s Ismaili Centre, with the participation of representatives of Tajikistan, Kyrgyzstan and the Russian Federation. The Islamic University of Tajikistan has conducted two theoretical and practical conferences, four seminars and three meetings on religious topics. A conference on the theme “Building a healthy family” was held in the Islamic Secondary School to mark the Year of the Family. In order to enhance their knowledge, 197 imam khatib and imams from central and local mosques in towns and districts of Khatlon province were invited to attend refresher courses on issues of religion and faith. 

O. Right to education Recommendations 88.55, 88.56 and 88.57

100. The National Inclusive Education Policy for Children with Special Needs for 2011- 2015 is being implemented. Pursuant to the Policy, a reform of the education system, aimed at ensuring access to education for children with special needs, has begun.

101. The Commissioner for Human Rights has completed a comprehensive analysis of legislation and of the recommendations made by the Committee on the Rights of the Child on improving the conditions in which education is provided and increasing children’s access to education. As part of efforts to guarantee children, particularly orphans, the right to a decent standard of living, 76 residential schools have been set up to ensure that orphaned and homeless children receive an education and enjoy improved living conditions and that educational materials are available to them and to children with special needs. These schools are attended by 11,389 pupils, including 3,008 girls, 1,569 children with disabilities, 171 orphans, 1,453 children with no father and 249 with no mother, and 3,550 children from low-income families.

102. All children in Tajikistan receive general basic education. Within the framework of the State programme for 2010-2013, a range of measures was taken to induce girls to study in educational institutions and to boost their participation, including the introduction of grants and other forms of financial assistance. In addition, outreach efforts aimed at increasing girls’ enrolment were improved. To encourage children from low-income families to attend school, the Government adopted on 2 May 2007 and is now implementing a decision on the payment of allowances to low-income families with children in school. Pursuant to this decision, 15 per cent of schoolchildren from low-income families currently receive monetary allowances.

103. To ensure that children with developmental difficulties receive timely, quality assistance with respect to treatment, instruction and education, centres have been established to dispense psychological, medical and pedagogical advice in the following towns and districts: Dushanbe, Kurgan-Tyube, Kulyab, Khujand, Khorog, Pendzhikent, Isfara, Bobojon Gafurov and Istaravshan. With financial support from UNICEF, these centres were furnished with necessary equipment worth more than US $166,688. The specialists working at the centres have received training on rehabilitation and care for children with special needs. 

P. Human rights education 

Recommendations 88.11, 88.58 and 88.59 

105. To implement the Tajik Programme, an Interdepartmental Coordinating Council was established; the Council, which reports to the Commissioner for Human Rights, consists of heads of training structures in ministries, institutions, higher education establishments and other organizations. In 2013, under the first phrase of the Programme (2013-2014), the Council adopted a decision approving its statute and another approving the action plan to implement the first phase. The Council decided to establish working groups reporting to it and tasked them with developing and presenting targeted programmes addressing the main areas of the Programme and methodological instructions on issues relating to the Programme’s implementation, as well as carrying out other activities provided for in the Programme. Pursuant to this decision, six working groups were set up under the Council to cover the Programme’s main areas, namely, training for civil servants, training for law enforcement agencies and penal institutions, training for military personnel, training for judges and staff of judicial bodies, training in higher and specialized education establishments, and training in general secondary education establishments. The human rights education programmes presented by the Council and its working groups for staff of various agencies and establishments are now being delivered in some ministries and institutions. The Presidential Institute for Public Administration, in addition to presenting an education programme for 2015, selected several themes connected with the Human Rights Education in Tajikistan Programme and submitted them for approval. To ensure the continuity of human rights education and the realization of the main goals under the Programme, the working groups reporting to the Council presented 17 targeted programmes on human rights education, which were approved and are now being rolled out in certain educational establishments. In December 2014, as required under the Programme, these programmes were transmitted to the Ministry of Education and Science so that they could be delivered in all educational establishments. It is now intended to implement the action plan for the second phase of the Programme. 

 

Compilation of UN Information 

III. Implementation of international human rights obligations, taking into account applicable international humanitarian law

A. Equality and non-discrimination 

17. The Committee on the Elimination of Discrimination against Women remained concerned about structural inequalities, occupational segregation, the gender pay gap, and the concentration of women in the informal sector and in low-paid jobs. The Committee was concerned about gender segregation in education, particularly in vocational education. It noted   some   restrictions   on   women’s   freedom   of   expression   and   religion,   such  as  the  fatwa  of  the  Council  of  Ulemma  against  women’s  attendance  at,  and  praying  in,   mosques. The Committee on Economic, Social and Cultural Rights noted the lack of temporary measures to address gender discrimination in employment and in other areas.

20. In respect of universal periodic review recommendation No. 88.5066 concerning birth registration, the Office of the United Nations High Commissioner for Refugees (UNHCR) stated that parents could face difficulty in registering the birth of their child if either parent lacked identity documents. It recommended that Tajikistan issue birth certificates to all children regardless of their parents’  possession  of  identity  documents. 

28. The Committee against Torture was concerned about the lack of legislation prohibiting corporal punishment of children, despite allegations of its widespread use. The Human Rights Committee recommended putting an end to corporal punishment in all settings and encouraging non-violent forms of discipline as alternatives to corporal punishment.

29. The Committee on the Elimination of Discrimination against Women remained concerned that child labour persisted.80 The ILO Committee of Experts on the Application of Conventions and Recommendations noted that the compulsory mobilization of children for work in the harvest, taking place often under hazardous conditions, continued. Street children were at a risk of becoming involved in the worst forms of child labour. The ILO Committee of Experts urged Tajikistan to eradicate the forced labour of, or hazardous work by, children under 18 years of age, and combat and eliminate the worst forms of child labour.

30. The Committee on the Elimination of Discrimination against Women was concerned that Tajikistan was a country of origin and transit for trafficked women and girls. The country team noted that Tajikistan had also been, to a lesser extent, a destination for human trafficking. Procedures and budgetary allocations for identification of victims of trafficking and for the provision of adequate services to them remained largely unavailable. The country team recalled that Tajikistan supported several recommendations of the universal periodic review to combat human trafficking.

C. Administration of justice, including impunity, and the rule of law    

48. The country team and the Committee against Torture noted the adoption of a national action plan on the reform of the juvenile justice system for 2010-2015. The Special Rapporteur on torture was concerned that the criminal justice system lacked juvenile courts. Children younger than 14 years of age continued to be subjected to arrest and detention, and youths aged 16 and over were kept in closed institutions for minor offenses. The Special Rapporteur remained concerned that juveniles in conflict with the law were reportedly mistreated during arrest and in detention, and noted that there was reportedly no strict separation between adults and juveniles in pretrial detention facilities or police cells outside Dushanbe. 

D. Right to marriage and family life

50. The Committee on the Elimination of Discrimination against Women was concerned about the high incidence of child marriages and de facto polygamous marriages. The country team stated that marriages were contracted following the religious ceremony nikoh, allowing a marriage  regardless  of  the  spouses’ age. The Committee remained concerned about the large number of marriages that were based only on a religious ceremony.

51. The Committee on Economic, Social and Cultural Rights was concerned that there was a lack of family- or community-based care for children with disabilities and children without parental care, which resulted in their being placed in institutional care.

E. Freedom of religion or belief, expression, association and peaceful assembly, and the right to participate in public and political life

52. The Human Rights Committee was concerned about restrictions on freedom of religion and about the   ban   of   several   religious   denominations,   including   Jehovah’s   Witnesses and certain Muslim and Christian groups. It was concerned that children might receive religious education only from State-licensed institutions and that all religious education abroad was subject to State permission. 

G. Right to social security and to an adequate standard of living    

70. The Committee on Economic, Social and Cultural Rights recommended addressing chronic food insecurity and malnutrition and, particularly, the critical nutritional needs of children and pregnant women. 

H. Right to health    

73. The country team stated that, despite a sharp reduction in mortality rates for infants and children under 5 years of age, there were significant disparities by wealth and geographic area, and that the rates remained high. Neonatal mortality had shown no decline. The Committee on Economic, Social and Cultural Rights recommended that the high rates of infant and maternal mortality be reduced, including by improving the quality, availability and accessibility of primary health-care services. 

I. Right to education

79. The Committee on Economic, Social and Cultural Rights was concerned about poor quality of education, a lack of qualified teachers and of teaching materials, low salaries of teachers, and poor conditions of infrastructure and facilities.

80. The Committee on Economic, Social and Cultural Rights was concerned about the high dropout rates among girls and children from families in disadvantageous situations, and about the gender disparity in enrolment and retention rates across all levels of education. 

J. Persons with disabilities    

84. The Committee on Economic, Social and Cultural Rights recommended promoting inclusive education for children with disabilities.

K. Minorities

85. The Committee on Economic, Social and Cultural Rights was concerned about the decreasing number of classes provided in the languages of ethnic minorities and of students attending schools where the teaching was given in the languages of ethnic minorities, owing to the insufficient number of teachers, the lack of retraining programmes for teachers, and a shortage of textbooks in minority languages.

86. The Committee on the Elimination of Racial Discrimination encouraged Tajikistan to strengthen its efforts to provide education in or of minority languages. The country team stated that the Government should, inter alia, increase the budget funding for education of national minorities and conduct regular monitoring of the quality of education.

L. Migrants, refugees and asylum seekers    

92. The Committee on the Elimination of Racial Discrimination remained concerned about challenges faced by refugees and asylum seekers in terms of employment, access to public services, education and citizenship. UNHCR stated that refugees and asylum seekers were legally precluded from residing in the main urban centres, which had negative implications on their ability to access employment, health care, education and other services. The Human Rights Committee was concerned that frequent raids on refugees and asylum seekers staying in urban areas in contravention of Presidential Resolutions Nos. 325 and 328 led to the rejection of asylum claims, refusal to issue or extend documents or even expulsion and deportation. The Committee on the Elimination of Racial Discrimination recommended lifting the regulation forbidding refugees to live in specific areas, in particular in Dushanbe and Khujand. 

 

Stakeholder Information 

C. Implementation of international human rights obligations, taking into account applicable international humanitarian law 

2. Right to life, liberty and security of the person    

24. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that Tajikistan supported several UPR recommendations to prohibit all corporal punishment of children. The law on education explicitly prohibited corporal punishment in schools and in preschool education. However, the law on domestic violence did not include clear prohibition of corporal punishment in the home. There was no explicit prohibition of corporal punishment in all alternative care settings and penal institutions. It was recommended that Tajikistan prohibit all corporal punishment of children in all settings.

25. JS6 stated that child labour was used widely in various spheres. It recommended fighting worst forms of child labour and abolishing this practice, including in cotton fields.

3. Administration of justice, including impunity, and the rule of law    

42. JS5 stated that the national action plan on reform of juvenile justice for 2010-2015 had several drawbacks and that mid-term reports on the implementation of the Plan were not published. Tajikistan reintroduced the use of solitary confinement as a disciplinary measure for juveniles. Juveniles were kept with adults in temporary or pre-trial detention centres located outside of Dushanbe. No specific actions were taken to establish child- friendly procedures for criminal cases involving a child victim or a child witness. The legislation did not provide a requirement for the mandatory participation of a lawyer and a psychologist in cases where children were victims or witnesses of crimes.

42. JS5 stated that the national action plan on reform of juvenile justice for 2010-2015 had several drawbacks and that mid-term reports on the implementation of the Plan were not published. Tajikistan reintroduced the use of solitary confinement as a disciplinary measure for juveniles. Juveniles were kept with adults in temporary or pre-trial detention centres located outside of Dushanbe. No specific actions were taken to establish child- friendly procedures for criminal cases involving a child victim or a child witness. The legislation did not provide a requirement for the mandatory participation of a lawyer and a psychologist in cases where children were victims or witnesses of crimes. 

4. Right to privacy, marriage and family life    

44. JS7/SRI stated that the minimum marriage age was 18 years. Many parents required their daughters to drop out of schools and forced them to get married. Such couples could not register officially the marriage as a spouse was below the age of 18, so many of them turned to local religious leaders (mullahs), who held the wedding ceremony without official registration. The Government required the mullahs not to perform a religious wedding ceremony for couples who did not have a civil marriage certificate. However, this decision was not implemented fully and early marriages without official registration had been taking place.

45. JS6 stated that the system of foster care or guardianship did not function. Children who were deprived of parental care and were temporarily placed in orphanages or boarding schools stayed in those places for years and became so-called social orphans.

5. Freedom of religion or belief, expression, association and peaceful assembly, and right to participate in public and political life

46. HRW stated that the authorities maintained tight restrictions on religious freedoms, including on religious education and worship. JS2 stated that the law on religious freedom banned the activities of unregistered religious organizations and imposed serious restrictions on places of worship, religious literature, religious education and other religious activities. Forum 1883, Jubilee Campaign (JC)84, ICAAD85 and the Alliance Defending Freedom International (ADF International)86 made similar observations. European Association  of  Jehovah’s  Christian  Witnesses (EAJCW) concluded that Tajikistan did not implement a recommendation of the UPR to guarantee freedom of religion and worship. 

47. JS2 stated that the production, import and distribution of religious materials required permission of the State Committee on Religious Affairs. Materials deemed inappropriate was confiscated. JC stated that the 2011 amendments to the Law on religion restricted persons from traveling abroad to acquire religious education unless the person obtained their first religious education by a state-authorized institution in the country. There were no such institutions, providing Christian teaching and thus, Christians had no possibility to attain theological education neither at home nor abroad. 

 49. JS2 stated that the Hanafi school of Islam had been promoted, to the detriment of other schools of Islam. Forum 18 noted limitations on the numbers of mosques allowed per head of population and stated that non-permitted mosques were demolished.94 HRW stated that the Government suppressed unregistered Muslim education, brought administrative charges against religious instructors, and controlled the content of sermons. Forum 18 noted a ban on Islamic preaching in all but the largest mosques.96 HRW noted restrictions on religious dress and that headscarves were banned in educational institutions. Beards were prohibited in public buildings. JS2 and Forum 18 reported on cases where law enforcement officials forcibly shaved bearded Muslim men.

50. HRW stated that a law on parental responsibility stipulated that parents must prevent their children from participating in religious activities, except for state-sanctioned religious education, until they turn 18. JC, ICAAD, ADF International and Forum 18 made similar observations. ADF International concluded that the law violated article 18 of ICCPR and article 14 of CRC. 

6. Right to social security and to an adequate standard of living    

74. HRW recommended that Tajikistan uphold the social and economic rights of all persons resettled as a result of or otherwise affected by the Rogun Dam and Hydropower Plant, and provide adequate compensation to resettles, ensuring access to adequate drinking water, proper sanitation, educational, medical, and employment opportunities in areas of resettlement.

7. Right to health

75. JS6 stated that mandatory health insurance covered from the state budget for a specific group of people did not function.

76. JS7/SRI stated that Tajikistan had a number of policies and programs concerning the right to sexual and reproductive health, however they were limited and inefficient. The programs were often not implemented due to several reasons, including financial constraints. It recommended improving the quality of the secondary school programme on sexuality education and introducing a similar programme for younger pupils in compliance with guidance of UNESCO and UNFPA on sexuality education.158 JS7/SRI recommended empowering and educating youth and adolescents about their rights to sexual and reproductive health and increasing their access to sexual and reproductive health services. 

8. Right to education

78. JS6 noted a shortage of teachers, a lack of access to preschool educational institutions, and high dropout rates among girls. It recommended inter alia increasing  access to and quality of education, especially in rural areas and developing programs to ensure access of children to preschool education. 

9. Persons with disabilities    

80. JS6 stated that the 2013 law on education included definition of inclusive education and provided guarantees for access to education of children with disabilities in public schools. However, schools with inclusive education had been mainly located in big cities, and that inclusive education in the regions remained problematic. The lack of teaching materials and programs for inclusive education had an impact on the quality of inclusive education. Teachers did not have adequate knowledge to work with children with special needs. Education of children with physical and mental disabilities took place in special educational institutions and thus, resulted in institutionalisation of children with disabilities. 

10. Minorities    

84. JS6 recommended establishing a unit in the Ministry of Education to develop teaching materials for schools with the language of instruction in Russian, Uzbek, Kyrgyz and Turkmen as well as adopt a long term plan to publish textbooks and teaching materials for those schools. 

 

Accepted and Rejected Recommendations 

The recommendations enjoy the support of Tajikistan:

115.16 Strengthen the national mechanisms to improve the protection of the rights of children (Kuwait);

115.27 Promote the effective protection of children’s rights in different relevant areas (Islamic Republic of Iran);

115.28 Continue to strengthen measures to improve access to justice and education to women and girls in rural areas (United Arab Emirates);

115.29 Take practical steps to strengthen the implementation of measures promoting the rights of women and children and eliminating violence against them (Australia);

115.30 Continue reviewing policies for effective implementation of women and child rights (Pakistan);

115.34 Submit overdue reports to the Committee on the Rights of the Child (Ukraine);

115.63 Carry out awareness raising campaigns for the prevention of domestic violence, particularly against women and girls (Mexico);

115.70  Take definitive measures to end child marriages (Maldives); 

115.71  Continue to combat violence against children (Turkmenistan); 

115.72  Combat and eliminate the worst forms of child labour, and raise the minimum age for hazardous work to 18 (Sierra Leone);

115.73 Establish a legal framework to fight against forced labour and to ban child labour (Sudan);

115.74 Implement the National Programme for 2015-2020 to Eradicate the Worst Forms of Child Labour (Cuba);

115.75 Enforce the prohibition of all corporal punishment of children in all settings, including in the domestic sphere and in care settings (Sweden);

115.101 Improve the quality, availability and accessibility of primary health- care services, to reduce high rates of infant and maternal mortality (Maldives);

115.103 Strengthen sexual and reproductive health education, as recommended by the Committee on Economic, Social and Cultural Rights (Slovenia);

115.104 Continue the efforts made in enhancing the right to education particularly education of children (Iraq);

115.106 Implement effectively measures to assist girls and children from low- income families to have access to quality education (Lao People’s Democratic Republic);

115.107 Strengthen the efforts towards upgrading the facilities and capacity for quality education for all children, including special education, and improve the access to education for children living in remote areas (Malaysia);

115.108 Strengthen the national mechanisms for the access to appropriate education, including in rural regions (Belarus);

115.112 Continue to promote inclusive education for children with disabilities (India);

115.117 Further invest in the medical and educational fields to promote comprehensive economic and social development (China).

18.45 Guarantee freedom of religion or belief and eliminate all forms of discrimination against people belonging to religious minorities, in particular in the field of religious education (Poland);

 

The recommendations listed below do not enjoy the support of Tajikistan

118.3 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Portugal);

118.4 Become a State party of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Slovakia);

118.48 Amend the Law on Freedom of Conscience and Religious Organizations to fully protect the right to freedom of religion or belief in compliance with international norms and obligations. Remove restrictions imposed over religious education and literature, activities of religious organizations, and religious dress to promote religious tolerance (Canada);

 

 

Countries

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