Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
UN Committee against Torture
- UN Committee on the Elimination of Discrimination against Women
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
Last reported: 9 / 10 July 2013
Concluding Observations issued: 22 August 2013
Issues raised and recommendations given:
Religious education: The Committee is concerned at the severe restrictions on freedom of religion as expressed in the Freedom of Conscience and Religious Associations Act, the Law on Responsibility of Parents for Upbringing of Children, and the Administrative Code. It is particularly concerned that Tajik children may receive religious education only from State-licensed religious educational institutions and children below the age of 7 years are denied that right; that all religious education abroad is subject to State permission; and that the State party enjoys excessive power to control activities of religious associations. The Committee is particularly concerned at the absolute ban of several religious denominations within the State party, including Jehovah’s Witnesses, and certain Muslim and Christian groups (arts. 2, 18, 22) (Para 20)
The State party should repeal or amend all provisions of the above-mentioned laws that impose disproportionate restrictions on the rights protected by article 18 of the Covenant. The State party should reverse its discriminatory refusal to register certain religious denominations.
Corporal punishment: The Committee expresses concern that corporal punishment is not explicitly prohibited in schools, and continues to be accepted and practised as a form of discipline by parents and guardians (arts. 7 and 24). (Para 15)
The State party should pursue its intention as stated during the dialogue and amend the Education Act (2004) to explicitly prohibit corporal punishment in schools. The State party should also take practical steps to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects.
Juvenile justice: The Committee is concerned at: (a) the frequent failure to register detention following arrest within the time frame prescribed by the law, which facilitates the use of torture and ill-treatment with the aim of extracting confessions, and (b) the failure to apply procedural safeguards immediately after arrest despite the law in place, including access to a lawyer, family members and medical personnel. It is moreover concerned at the lack of systematic oversight of places of detention by organizations independent from the prosecution (arts. 7, 9, 10 and 14). (Para 16)
The State party should guarantee the registration of detainees within the legal time frame, and ensure that all arrested persons, including minors, fully enjoy their rights as required by the Covenant, including access to a lawyer, family members and medical personnel. It should also institute an independent mechanism for inspection of all detention facilities by relevant international humanitarian organizations and/or independent national human rights non-governmental organizations (NGOs).
Last reported: 13 and 14 July 2005
Concluding Observations adopted: 24 July 2005
Issues raised and recommendations given:
Trafficking: The Committee expresses concern that despite progress made by the State to address trafficking in persons, Tajikistan is still a major source country for trafficking in women and children. The Committee urges the State party to intensify its efforts to combat this problem, in collaboration with neighbouring countries with a view to protecting the human rights of victims. (para 24)
Concluding Observations issued: 25 March 2015
Refugees and asylum seekers: The Committee is concerned that, despite legal reforms undertaken by the State party, the access of refugees and asylum seekers to certain urban areas still remains restricted, which, inter alia, limits their access to the labour market, health care, education, housing and other services (art. 2, para. 2).
The Committee recommends that the State party take the necessary steps to lift the restrictions under Presidential resolutions No. 325 (2000) and No. 328 (2004), with a view to ensuring enjoyment by refugees and asylum seekers of the economic, social and cultural rights enshrined in the Covenant, and that it consequently repeal article 499 (part 3) of the Administrative Code, which provides for administrative penalties and the deportation of those in violation of the above-mentioned resolutions. (para. 15)
Unemployment: The Committee is concerned that data concerning employment are largely inconsistent, which makes assessments and the development of policies in this respect highly complicated. The Committee is also concerned about the overall weak labour market in the State party, characterized by a high rate of unemployment, especially among women, young people and persons with disabilities; insufficient measures to make employment policies commensurate with the fast growth of the population of employable age; the large share of low-paid work, under subsistence level; and the lack of a skilled workforce (art. 6).
The Committee urges the State party to enhance the quality of its employment data and information, by making them systemic and verifiable, and by continuously updating them.
The Committee recommends that the State party reinforce its efforts to reduce unemployment, in particular unemployment among women, young people and persons with disabilities, including through:
(a) Providing incentives for employers, in the public and private sectors, to create new jobs, especially for women and young people;
(b) Reviewing vocational education and training programmes to meet current labour market demands;
(c) Taking measures targeted specifically at youth and women’s unemployment;
(d) Ensuring effective compliance by employers with more than 20 employees with the 5 per cent quota for the employment of persons with disabilities, including by providing for dissuasive sanctions for employers in case of non-compliance. (para. 17)
Child labour: The Committee is concerned that a large number of children (approximately 200,000), mostly from single-parent families and migrant worker families, are involved in child labour, and that 13 per cent of them are working in dangerous conditions and 10 per cent never attend school.
The Committee recommends that the State party intensify its efforts to prevent and combat child labour, including through labour inspections in the agriculture and informal sectors, as well as by ensuring that employers who exploit child labour are held accountable, with particular emphasis on the prosecution of those involved in cases of hazardous work and the worst forms of child labour. (para. 24)
Children in institutions: The Committee is concerned that there is a lack of family- or community-based care for children with disabilities and children without parental care, which results in their being placed in institutional care (art. 10).
The Committee recommends that the State party step up its efforts to provide alternative family- and community-based care systems for children with disabilities and children without parental care, and ensure that institutional care is used only as a measure of last resort. (para. 26)
Right to adequate food: The Committee is concerned about the food insecurity and malnutrition that affect a considerable part of the population, particularly children under 5 and pregnant women (art. 11).
The Committee recommends that the State party take steps to address chronic food insecurity, chronic malnutrition and, in particular, the critical nutritional needs of children and pregnant women. The Committee also recommends that the State party review the Law on Food Security, adopted by decision No. 671 of 29 December 2010, and the Food Security Programme 2009–2015, in the light of the requirements of the 2004 Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security, and with a view to ensuring that the beneficiaries of food security programmes:
(a) Receive benefits as a legal entitlement;
(b) Are fully informed about their benefits;
(c) Have access to independent recourse mechanisms if they are denied their benefits. (para. 29)
Infant and maternal mortality: The Committee is concerned that infant and maternal mortality rates remain high, despite the progress made in this respect (art. 12).
The Committee recommends that the State party step up its efforts to reduce further the high rates of infant and maternal mortality, including by improving the quality, availability and accessibility of primary health-care services. The Committee draws the attention of the State party to the Technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22). (para. 31)
Right to education: The Committee is concerned about the high dropout rates among girls and children from families in disadvantaged situations, and about the gender disparity in enrolment and retention rates across all levels of education (arts. 13 and 14).
The Committee recommends that the State party take all appropriate measures to address the problem of high dropout rates among children in disadvantaged situations, including girls, children with disabilities, children belonging to minorities and children of migrant workers or refugees, and to reduce the gender disparity in education. (para. 34)
Quality of education: The Committee is concerned that the quality of education remains poor, that the State party suffers from a lack of qualified teachers and of teaching materials, that teachers’ salaries are low and that infrastructure and facilities are in poor condition (art. 13).
The Committee recommends that the State party take all the necessary measures to improve the quality of education, through allocating sufficient resources, increasing the number of qualified teachers and their remuneration, and improving infrastructure and teaching materials. (para. 35)
Inclusive education for children with disabilities: The Committee is concerned that there is a lack of inclusive education for children with disabilities in the State party and that reasonable accommodation of their requirements is not always provided in mainstream education (arts. 2, para. 2, and 13).
The Committee recommends that the State party promote inclusive education for children with disabilities, including by allocating resources for the provision of reasonable accommodation and additional professional training for teachers. (para. 36)
Linguistic rights of ethnic minorities: The Committee is concerned at the decreasing number of classes provided in the languages of ethnic minorities and of students attending schools where the teaching is 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 (art. 13).
The Committee recommends that the State party take the necessary steps to improve education in ethnic languages, and consider adopting multilingual education programmes in the education system. (para. 37)
Last reported: 10 and 13 November 2006
Concluding Observations adopted: 23 November 2006
the high number of women and children that continue to be trafficked from or through the State for purposes of sexual exploitation and forced labour, in spite of the State's adoption of the 2004 Act on Trafficking in Persons. (para 30)
the practice of early marriages of girls and young women arranged by family members and acquaintances, which are often accompanied by physical threats. (para 18)
children without parent care: The Committee notes with concern that more than half of children living in State institutions or under trusteeship or guardianship do not receive any pension, usually due to the fact that trustees and guardians are not aware of the right of orphans to receive a pension for the death of the breadwinner and about the procedures to claim this right. The Committee is concerned that due to lack of programmes to support single mothers, foster care or other forms of family-based alternative care, a large number of children live in boarding institutions and children's homes, which usually provide them with very low quality housing, food, clothing and care. The Committee is in particular disturbed by reports that children living in such institutions are deprived of the opportunity to attend schools and to participate in social and cultural life outside the institutions . (paras 26, 28)
the number of children that drop out of school and take up work. The Committee is particularly concerned that many of these children work in hazardous conditions harmful to their health, with little or no training on safety precautions, and that they are exposed to various forms of violence. A major concern is the forced labour of children, mostly in cotton harvesting on collective farms, which is generally tolerated by local authorities. The Committee recommends the State conduct a national survey on the nature and extent of child labour, and include information on progress made in combating child labour in its next report to the Committee. (para 29)
the decline in the quality of education. The Committee notes the lack of adequate infrastructure in schools, i.e. furniture and supplies, textbooks, heating and fresh drinking water, especially in rural areas. The Committee urges the State to take all necessary measures to enable children to fully enjoy their right to education and an adequate standard of living by allocating greater human and financial resources to education, and by seeking technical assistance from UNICEF, UNESCO and WHO, among other organisations. (para 41)
unequal access to education for girls and children with disabilities. The Committee urges the State to ensure equal access to education for boys, girls and children with disabilities, in accordance with the equal right of men and women and persons with disabilities to the enjoyment of all economic, social and cultural rights. (para 42)
the high mortality rate of children and mothers. The Committee recommends that the State take steps to combat this problem by improving child and maternal health through measures aimed at introducing sexual and reproductive health-related education and information, including family planning. The Committee also recommends the State take steps to improve access to sexual and reproductive health services, including hygienic conditions in hospitals, pre- and post-natal care, and emergency obstetric services. (para 68)
Last reported: 7 / 8 November 2012
Concluding Observations issued: 21 January 2013
Issues raised and recommendations given:
Violence: The Committee is deeply concerned about the lack of any domestic legislation criminalizing acts of violence against women, despite the existence since 2009 of a draft law on “social and legal protection against domestic violence”; reports of high prevalence of domestic violence; difficulties in filing complaints; and the reluctance of law enforcement officials to intervene in such cases. It is further concerned about the lack of domestic legislation prohibiting corporal punishment of children, despite allegations of its widespread use in the family, schools and other educational establishments (arts. 2, 12, 13 and 16). Para 16.
The State party should strengthen its efforts to prevent, combat and punish violence against women and children, inter alia, by:
(a) Swiftly adopting the draft law on “social and legal protection against domestic violence” and criminalizing such acts;
(b) Taking effective measures to ensure that victims of violence against women and children, including domestic violence, can exercise their right to make complaints, and that such complaints are thoroughly investigated and perpetrators prosecuted and punished with appropriate penalties;
(c) Adopting legislation to explicitly prohibit corporal punishment in all settings;
(d) Providing victims of domestic and sexual violence with immediate protection and redress, including separation from perpetrators, provision of shelters, and rehabilitation;
(e) Training law-enforcement officials, judges and prosecutors on how to receive, monitor and investigate complaints of domestic and sexual violence, trafficking and violence against children in a sensitive manner that respects confidentiality;
(f) Organizing awareness-raising campaigns on the negative impact of corporal punishment of children, as well on domestic and sexual violence.
Training: The Committee welcomes the organization of human rights training programmes for law enforcement officials, judges, prosecutorial staff and Ministry of Interior personnel during the period under consideration, as well as the establishment of a Working Group headed by the Chair of the Constitutional Court to raise awareness and build capacity of law enforcement officials on the prohibition of torture. However, it remains concerned at the lack of adequate training of law enforcement officials and medical professionals in assessing and responding to cases of domestic violence against women, including rape, violence against children, and trafficking. The Committee is further concerned that forensic services are reportedly not staffed with medical personnel trained in documenting and investigating torture in accordance with the provisions of the Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) (art. 10). Para 19.
The State party should strengthen training programmes for law enforcement officials, judges, medical professionals, prosecutorial staff and prison staff on the requirements of the Convention and undertake a comprehensive assessment of the impact of such programmes. The State party should ensure that relevant officials, in particular medical professionals, receive training on the use of the Istanbul Protocol to identify and document signs of torture and ill-treatment. The State party should further ensure adequate training of law enforcement officials and medical professionals in assessing and responding to cases of domestic violence against women, including rape, violence against children, and trafficking.
Juvenile justice: While noting the adoption of the National Action Plan on Juvenile Justice Reform 2010 – 2015, the Committee is concerned that the criminal juvenile system lacks juvenile courts and judges specialized in juvenile justice. It is further concerned about reports that children are frequently placed in pretrial detention and isolation cells in the Juvenile Colony as a disciplinary measure; subjected to extended deprivation of liberty for minor offences; denied their basic legal rights, including access to lawyers; and often mistreated by police inquiry officers to confess, and, as a result, in some cases leading to attempted or actual suicides (arts. 11, 12 and 16). Para 20.
The Committee urges the State party to:
(a) Establish an effective and well-functioning juvenile justice system in compliance with international standards, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines);
(b) Review all cases of children sentenced to imprisonment to ensure that deprivation of liberty is only used for serious criminal offences, and ensure that solitary confinement of juveniles should be limited as a measure of last report, for as short a time as possible under strict supervision and with a possibility of judicial review, and limited to very exceptional cases;
(c) Guarantee that the rights of children are respected in all places of detention, including the right to appropriate legal assistance and defence by assigning a sufficient number of lawyers with relevant training and competence;
(d) Take effective measures to prevent police inquiry officers from mistreating children, including by investigating such acts and ensuring that appropriate disciplinary or penal measures are taken.
Last reported: 7 and 8 November 2006
Concluding Observations adopted: 20 November 2006
Trafficking and sexual violence: The Committee expresses concern about continuing allegations of violence and abuse of women and children, including human trafficking and sexual violence. The Committee is concerned about the alleged involvement of officials in acts of trafficking and the absence of information on prosecutions in relation to these crimes. The Committee urges the State to take effective measures to prosecute and punish violence against women and children and trafficking in persons by: developing, adopting and monitoring appropriate legislation; raising awareness about the problem; and training law enforcement personnel and other relevant groups. (para 8)
Juvenile justice: The Committee also expresses concern that the country lacks a well-functioning juvenile justice system, with children often being subjected to the same procedures, laws and violations as adults. The Committee urges the State to take the necessary steps to ensure a separate, well-run juvenile justice system in compliance with international standards. (para 9)
Tajikistan was requested to provide the information within one year of the Committee's examination of its initial report on 24 November 2006.
The information was due in November 2007. A reminder was sent in April 2008.
Children were not mentioned specifically in the request for information.
Last reported: 9 October 2013 Concluding Observations published: 29 October 2013
Issues raised and recommendations given:
Stereotypes: The Committee remains concerned at the persistence of adverse cultural norms, practices and traditions, as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society. The Committee notes that such stereotypes contribute to the persistence of violence against women, the practice of child marriage and de facto polygamy and result in the disadvantaged and unequal status of women in many areas. The Committee expresses its deep concern that the State party has not taken sufficient sustained and systematic action to eliminate such stereotypes. (Para. 15)
The Committee urges the State party: (a) To adopt, without delay, a comprehensive strategy to modify or eliminate patriarchal attitudes and stereotypes that discriminate against women. Such measures should include efforts, at all levels, in collaboration with teachers, civil society, community leaders and the media, to educate people and raise their awareness of existing sex-based stereotypes that persist at all levels of society and their role in overcoming them; (b) To expand public education programmes on the negative impact of such stereotypes on women’s enjoyment of their rights, in particular in rural areas; (c) To use innovative measures that target the media to strengthen understanding of the concept of equality of women and men and to ensure that curricula and teaching materials promote a positive and non-stereotypical portrayal of women and men; (d) To regularly monitor and review the measures taken to eliminate gender stereotypes in order to assess their impact; (e) To address the restriction on women’s attendance at, and praying in, mosques. (Para. 16)
Violence against women: While noting the adoption in 2013 of a law on prevention of violence in the family and the establishment of the position of inspector for the prevention of domestic violence within the Ministry of Internal Affairs in 2010, the Committee remains concerned about: (a)The persistence of violence against women, including domestic violence, in the State party, which often remains underreported as a result of the prevalence of discriminatory social and cultural norms and limited access to justice and legal support for victims; (b)The lack of a specific definition of family in the existing legislation, including that on the prevention of violence in the family, which may leave out of its scope women in de facto polygamous relations, which are quite widespread, in particular in rural and remote areas; (c)The lack of information and data on the nature, forms, extent and causes of violence against women; (d)The lack of adequate shelters for women victims of violence. (Para. 17)
The Committee urges the State party to give priority attention to combating all forms of violence against women and girls, both within and outside the family, and to adopt comprehensive measures to tackle such violence, in accordance with its general recommendation No. 19 on violence against women, including by: (a) Amending the Criminal Code, the Criminal Procedure Code and other relevant national legislation in order to enforce, among other things, the provisions of Law No. 954 (2013) on prevention of violence in the family with a view to criminalizing all forms of violence against women; (b) Developing a comprehensive national action plan for the prevention of all forms of violence against women, the protection and support of victims and punishment of the perpetrators and ensuring its full implementation, monitoring and evaluation; (c) Providing mandatory training for judges, prosecutors and police officers on the strict application of legal provisions criminalizing violence against women.
The Committee further urges the State party to combat all forms of violence against women and girls, including by: (d) Raising public awareness of Law No. 954 (2013) on prevention of violence in the family and other legislation relating to violence against women through the use of media and educational programmes, as well as raising the awareness of law enforcement personnel, health service providers and teaching staff regarding all forms of violence against women and girls; (e) Providing free legal aid, adequate assistance and protection to women victims of violence by establishing an adequate number of shelters, especially in rural areas, in cooperation with non-governmental organizations; (f) Collecting statistical data on all forms of violence against women, including domestic violence, disaggregated by sex, age and relationship between the victim and the perpetrator, and undertaking or supporting studies and/or surveys on the extent and root causes of violence against women. (Para. 18)
Trafficking and prostitution: While noting that two draft laws on trafficking in persons and on providing assistance to the victims of human trafficking are currently being revised by the parliament, the Committee notes with concern that the State party is a country of origin and transit for trafficked women and girls. The Committee is also concerned that women in prostitution are criminalized, unlike clients. It is further concerned about the lack of efforts to prevent exploitation of prostitution and address its root causes and the lack of protection and services available to women victims of such exploitation. (Para. 19)
The Committee calls upon the State party: (a) To expeditiously adopt the draft law on trafficking in persons and the draft law on providing assistance to the victims of human trafficking and ensure their effective enforcement, including by providing assistance and legal support to victims of trafficking and establishing special shelters for women victims of trafficking; (b) To review its legal framework on prostitution in order to ensure that women in prostitution are not criminalized, step up efforts to discourage demand for prostitution and consider introducing sanctions for sex buyers; (c) To increase efforts aimed at international, regional and bilateral cooperation to prevent trafficking, including by exchanging information and harmonizing legal procedures to prosecute traffickers; (d) To address the root causes of trafficking and prostitution, including poverty, in order to determine the vulnerability of women and girls to sexual exploitation and trafficking and to ensure the rehabilitation and social integration of victims, including by providing them with access to shelters, legal, medical and psychosocial assistance, and alternative income-generating opportunities. (Para. 20)
Education: While noting that the State party applies some temporary special measures in the field of education, the Committee is concerned at the low enrolment rate of girls and at the high dropout rates among girls at the secondary and higher levels of education. It notes with concern that traditional attitudes and child marriages are among the main causes of girls dropping out of education. The Committee is also concerned at the persistence of gender segregation in education, in particular in vocational education, where girls and women remain predominant only in non‑technical areas. The Committee recommends that the State party: (a) Address and eliminate barriers to the access of girls and women to education, such as negative cultural attitudes about gender roles; reduce and prevent dropout from education among girls; and strengthen the implementation of re-entry policies, enabling girls who have dropped out to return to school; (b) Implement measures to eliminate traditional stereotypes and structural barriers that often deter girls from enrolling in mathematics, informatics, natural science and technological subjects at the secondary and tertiary levels of education; (c) Step up efforts to provide girls with career counselling that orients them to non-traditional career paths. (Paras. 23-24)
Discrimination in employment: While noting that wage differentiation based on sex is prohibited under the State party’s legislation, the Committee remains concerned: (e)That child labour persists and limits girls’ attendance at school. The Committee requests the State party to ensure equal opportunities for women in the labour market and urges it: (e) To ratify the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No. 183), of the International Labour Organization, as well as to continue its efforts to eradicate child labour. (Paras. 25, 26)
Health: The Committee reiterates its concern expressed in its previous concluding observations about the limited access to adequate health-care services for women, especially in rural areas (CEDAW/C/TJK/CO/3, para. 31). While acknowledging the progress achieved by the State party in reducing maternal mortality, the Committee is concerned that maternal mortality remains high (37.2 per 100,000 live births), as a result of the lack of adequate obstetric care, infrastructure and skilled personnel, among others. The Committee is also concerned at the growing incidence of HIV/AIDS among women in the State party and the lack of adequate access to health-care services for them, in addition to stigmatization and discrimination against women living with HIV/AIDS. (Para. 27)
The Committee calls upon the State party: (a) To increase access for women and girls, in particular in rural and remote areas, to basic health-care services and to address obstacles to women’s access to health care; (b) To strengthen the maternal mortality reduction programme by addressing the limited access to obstetric services, developing the reproductive health infrastructure and increasing the number of skilled personnel; (c) To develop strategies to combat HIV/AIDS with a gender perspective, to strengthen the provision of free antiretroviral treatment to all women and men living with HIV/AIDS, including pregnant women so as to prevent mother-to-child transmission, and to ensure that women and girls living with HIV/AIDS are not subjected to stigmatization and discrimination. (Para. 28)
Disadvantaged groups of women: The Committee is concerned about the particular vulnerability of refugee women, older women, migrant women who work overseas and those left behind by male migrants, stateless women, including what are termed “border wives”, and women and girls with disabilities, who suffer multiple forms of discrimination. It is also concerned about obstacles preventing them from enjoying adequate access to health-care services, social benefits, education, employment and participation in political and public life. While noting the information and data provided on some groups of women, the Committee is concerned at the lack of detailed statistical data, disaggregated by sex, age and nationality, which would enable the situation of disadvantaged groups of women to be accurately assessed. (Para. 31)
The Committee recommends that the State party: (a) Take all measures, including temporary special measures, necessary to improve the situation of disadvantaged groups of women, protect them from exploitation and improve their access to health-care services, social benefits, education and employment opportunities and participation in political and public life; (b) Establish mechanisms to regularly monitor the impact of social and economic policies on disadvantaged groups of women, including by taking a comprehensive, multifaceted approach to addressing the specific challenges of migration that may affect women; (c) Provide comprehensive information and statistical data, disaggregated by sex, age and nationality, that can be used to assess the situation of disadvantaged groups of women; (d) Take the measures necessary to address the statelessness of women and children in the State party, including through amendment and enactment of relevant legislation, as well as through compulsory birth registration; (e) Ratify the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness. (Para. 32)
Marriage and family relations: While noting the amendment to the Family Code in 2011, which raised the marriage age to 18 years for girls and boys, and the existing legal prohibition of polygamy, the Committee is concerned about the high incidence of child marriages and de facto polygamous marriages in the State party. The Committee also remains concerned at the large number of marriages based only on a religious ceremony (nikokh), given that such marriages are not always registered and may deny women and children legal and economic protection if they are dissolved. The Committee urges the State party to effectively enforce its legislation that prohibits polygamy, in line with the Committee’s general recommendation No. 21 on equality in marriage and family relations and taking into account general recommendation No. 29 on the economic consequences of marriage, family relations and their dissolution, and to protect the rights of women and their children in existing polygamous and religious marriages (nikokh), regardless of their registration status. (Paras. 33-34)
Last reported: 26 January 2007
Concluding Observations adopted: 2 February 2007
the high drop-out rates of girls from school as a result of the resurgence of patriarchal attitudes and strong stereotypes about female roles and responsibilities in the family and society, particularly in rural areas. The Committee urges the State to tackle this problem though awareness-raising and educational campaigns targeting religious and community leaders, parents, teachers, officials and children themselves. (paras 19, 20)
the prevalence of domestic violence perpetrated against women and girls. The Committee urges the State to enact, without delay, the draft bill on social and legal protection against domestic violence. Such legislation should ensure that: violence against women and girls constitutes a criminal offence; women and girls who are victims of violence have access to immediate means of redress and protection, including protection orders and availability of a sufficient number of shelters; and perpetrators are prosecuted and adequately punished. The Committee also recommends that the State ensure training for police and justice sector employees, as well as health-service providers, on all forms of violence against women, especially domestic violence. (paras 21, 22)
the exploitation of women and girls who resort to prostitution as a means of survival after they have been trafficked. To combat this problem, the Committee urges the State to enforce the Trafficking in Persons Act. It further recommended that the State alleviate women's dire social and economic situation, in particular that of young women, by establishing services to rehabilitate and reintegrate women and girls involved in prostitution. (paras 23, 24)
the low attendance rate by girls in primary schools, the sharp decline in the enrolment of girls in secondary schools, the high drop-out rate of those who do enrol, and the low enrolment rate of female students in institutes of higher education. The Committee urges the State to investigate and eliminate barriers preventing girls and young women from attending school. The Committee recommends: getting community leaders and local authorities involved in promoting education for girls; holding seminars and awareness-raising activities to help parents understand the important role of education for girls; making education for girls affordable; and ensuring special measures are implemented to allow girls and women who have dropped out of school to re-enter the education system in an age-appropriate classroom environment. The Committee also requests the State to continue reviewing all school textbooks to eliminate gender stereotypes. (paras 27, 28)
high maternal and infant mortality rates. The Committee urges the State to improve access to adequate health-care services for women, especially in rural areas. It also requests that in its next report the State provide information on the rates and causes of mortality of women in comparison with men, diseases affecting women and girls, and updated information regarding improved access to health-care services. (paras 31, 32)
Last reported: 29 january 2016
Concluding observations issued: 19 September 2017
The Committee also welcomes the State party’s efforts to amend its legislation and policies to better protect human rights and implement the International Convention on the Elimination of All Forms of Racial Discrimination, including: the introduction of several provisions to prevent statelessness, including among children, and to facilitate the naturalization of certain categories of stateless persons under the simplified procedure; the creation of an ombudsman for children (2016) (para 4, f and g).
Concerns and recommendations
Situation of stateless persons
The Committee welcomes the efforts undertaken by the State party to identify and register stateless persons, the majority of whom are women and children, who are facing an array of protection challenges owing to their lack of nationality. It also welcomes the efforts undertaken by the State party to finalize its Amnesty Law in order to regularize the status of stateless persons and persons with undetermined nationalities (art. 5) (para 17).
The Committee encourages the State party to continue its measures to ensure the identification, registration and regularization of stateless persons, while ensuring the inclusion of disadvantaged groups such as Roma/ Jughi (art. 5). The Committee also recommends that the State party adopt the Amnesty Law and accede to the Convention relating to the Status of Stateless Persons and the Convention on the Reduction of Statelessness (para. 18).
Combating human trafficking
The Committee notes the efforts undertaken by the State party to combat human trafficking and assist victims. It remains concerned that Tajikistan continues to be a source of trafficking in women and children, in particular those from vulnerable groups, including minorities, refugees and asylum seekers (art. 5) (para 19).
The Committee encourages the State party to continue its efforts to combat this scourge by prosecuting perpetrators, and providing protection, assistance and reparation to victims of trafficking, including in cooperation with neighbouring States (para. 20).
Promotion of minority languages
While the Committee recognizes the efforts undertaken by the State party to increase the number of textbooks in minority languages, to train teachers and to promote the further development of ethnic minority languages, it is concerned about the decrease in instruction in Uzbek, Russian, Kyrgyz and Turkmen, and the absence of the Pamiri and Yaghnobi languages from the educational curriculum. The Committee also notes the planned reform of the State party to introduce a requirement for students to write an essay in Tajik when taking university entrance exams, and finds that, while ensuring knowledge of the State language among members of ethnic minorities is an important consideration, it is crucial that efforts made to this end do not put members of minority groups at a disadvantage (art. 5) (para. 25).
The Committee recommends that the State party take measures to ensure that ethnic minorities have access to instruction in minority languages, taking into account the particular needs and interest of these groups when developing strategies and programmes to this end. The Committee encourages the State party to continue its efforts to ensure that schools attended by minority students have the necessary equipment and capacities. The Committee also encourages the State party to support the preservation and development of the Pamiri and Yaghnobi languages, through academic research, and the introduction of cultural and language tools in educational curricula and in the media (para. 26).
Last reported: 8 / 9 August 2012
Concluding Observations issued: 24 October 2012
Issues raised and recommendations given:
Refugee children: The Committee is concerned about restrictions on refugees’ freedom of movement and right to choose their place of residence. It remains concerned about challenges faced by refugees and asylum seekers in terms of employment, access to public services, education and citizenship and about the number of long-time stateless persons (art. 5). Para 14.
The Committee recommends that the State party:
(a) Lift the regulation forbidding refugees to live in specific areas, in particular in Dushanbe and Kjujand;
(b) Take all the necessary measures to ensure that refugees enjoy the rights to work, health care and education;
(c) Ensure the appropriate protection to refugee children;
(d) Resolve the problem of the stateless persons and consider ratifying the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness;
(e) Speedily conclude ongoing legislative efforts, with the assistance of the United Nations High Commissioner for Refugees, to adopt a new Law on Citizenship and revise the Refugee Law.
Trafficking: The Committee notes that Tajikistancontinues to be a source of trafficking in women and children, in particular those from vulnerable groups, including minorities, refugees and asylum seekers (art. 5). Para 15.
The Committee encourages the State party to continue its efforts in combating this scourge by prosecuting perpetrators, providing reparation to victims of trafficking and cooperating with neighbouring States.
Education and minority groups: The Committee reiterates its concern regarding the lack of textbooks for children belonging to minority groups and the lack of qualified teachers for minority languages. While noting efforts to promote languages spoken at the universal level, such as Russian and English, the Committee is of the view that this should not be done at the expense of languages of minority groups (art. 5). Para 18.
The Committee encourages the State party to continue its efforts to ensure supplies of school textbooks in minority languages. Furthermore, the Committee recommends that the State party set up training programmes for teachers for minority students including mother-tongue vocational training. The Committee also encourages the State party to strengthen its efforts to provide education, particularly at the secondary and higher levels in or of minority languages, according to the needs and wishes of persons belonging to such groups.
Last reported: 11 and 12 August 2004
Concluding Observations adopted: 19 August 2004
Education for children from minority groups: The Committee welcomes the State's efforts to provide children belonging to ethnic minorities with education in their native language. However, it notes that there is an insufficient number of Uzbek textbooks in the Latin alphabet adapted to new curricula. The Committee encourages the State to work with the Uzbek minority to address their concerns in this regard. The State should also submit information on the effective implementation of the Education Act, in particular on the number of schools teaching in minority languages and their geographical distribution, the quality of education provided and any difficulties encountered. (para 17)
Last reported: 17 / 18 April 2012
Concluding Observations issued: 1 May 2012
No mentions of children's rights.
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