Submitted by Denitsa 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.
Turkmenistan ratified the CRC, which seems to take precedence in cases of conflict with national law, but it has not been expressly incorporated into the legal system and it is not clear whether it can be relied on in court. Children may only bring a case in court through an adult representative, however, they may apply to the relevant state body for protection if their rights are being violated, including by a parent. A serious obstacle to access to justice is the financial cost of bringing a case as the provisions for legal aid are unclear and there are no specific provisions relieving children from the requirement to pay court fees. Finally, although children are allowed to provide oral evidence in court, there are no developed laws to regulate a special procedure for hearing testimony from children.
