A/HRC/19/3
social and rehabilitation services in the framework of the project implemented by the
Government Committee on Women’s Issues and Families since 2009. Based on the
decision of the Ministry of Interior, inspectors specialized in issues of domestic violence
were introduced.
26.
Regarding religious freedom, the delegation stated that the 2009 Law on conscience
and religious organizations was adopted taking into account international human rights
instruments, the Constitution as well as recommendations by the Special Rapporteur on
freedom of religion or belief. The Law on the responsibility of parents for the upbringing
and education of children was adopted following a broad consultation of citizens and
stakeholders in order to protect children’s right to education, to protection from physical
and psychological violence and from proselytization, in line with the requirements of
Convention on the Rights of the Child. According to the Law, children are entitled to
religious education and other activities manifesting their religion on the consent of their
parents. A State body on the issue of religious freedom was established and 3,829 religious
associations have been registered. There are several religious educational institutions and
courses on religions have been introduced in primary and secondary schools.
27.
Domestic legislation developed based on the Paris Principles provides a broad
mandate to Commissioner for Human Rights (Ombudsman). The Ombudsman enjoys full
independence from the Government; he has unlimited access to State bodies, the army and
penitentiary institutions, may request and received information from State bodies, carry out
independent investigations related to the work of State bodies and request the relevant
bodies to initiate disciplinary and criminal measures against officials whose actions have
resulted in violations of human rights. The Ombudsman, in cooperation with NGOs and
journalists, have started carrying out visits to places of detention. Public complaints
reception centres have been established in four regions of the country.
28.
Regarding the judiciary, the delegation stated that the Constitution and relevant laws
guaranteed the independence of the judiciary and set out the functions and terms of office
of judges. The length of judges’ tenure as well as the remuneration of judges and other
members of the judiciary have been raised. The question of the lifelong appointment of
judges is currently being examined. The Council of Justice is a collegial body established
to, inter alia, put forward proposals for judicial reform, thereby removing the responsibility
for those issues from the executive branch.
29.
Regarding defamation laws, the delegation stated that criminal cases have been
initiated by individuals claiming to have been slandered or insulted.
30.
An inter-ministerial working group has been examining the issue of adhesion to the
Convention on the Rights of Persons with Disabilities, however, the 2010 Law on the social
protection of disabled persons has already incorporated norms contained in the Convention.
31.
Regarding questions on child labour, the delegation stated that child labour is
regulated by the Labour Code and other relevant laws, including a provision in the Law on
education which bans the use of pupils and students in agricultural labour during the school
year, and a section in the national poverty reduction strategy. Tajikistan noted that the high
level of unemployment has an impact on child labour, with many children taking on jobs,
often at the order of their parents. The issue of child labour will also be included in future
poverty reduction strategies.
32.
Regarding rights during administrative arrest, Tajikistan stated that in accordance
with the Code of Administrative Offences, rights during administrative arrest are the same
as for those detained under the Criminal Code or the Criminal Procedure Code, and would
be further enlarged in the Law on the code of administrative procedure currently under
preparation.
6
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