Committee on the Rights of the Child: Uzbekistan

Session 063 (2013)

(10 July 2013, CRC/C/UZB/CO/3-4, Concluding observations on third/fourth report, paras. 38, 39, 40 and 41)

"While welcoming the implementation of a national programme of action for the application of the Convention against Torture, the Committee regrets that the definition of torture in Article 235 of the State party Penal Code does not fully comply with the definition stipulated in the Convention against Torture as stated by the Committee against Torture in its latest concluding observations on the State party (CAT/C/UZB/CO/3, para. 5,). Furthermore, the Committee remains gravely concerned about continued reports of torture and ill-treatment being routinely used in investigations, including of persons under the age of 18 years. The Committee is also deeply concerned about the use of solitary cells (“kartcers”) as punishment in juvenile prisons. Furthermore, the Committee is seriously concerned about the frequent use of forced labour as a form of punishment for children in government institutions such as schools and orphanages. 

"With reference to the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment as well as general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, the Committee urges the State party to:

a) further strengthen its measures to effectively investigate the allegations of torture and ill-treatment of persons under 18, and take all measures to bring the alleged perpetrators to justice with commensurate sanctions; 

b) ensure that the conditions and treatment of children in juvenile prisons are in full compliance with the Convention and the United Nations Rules on the Protection of Juveniles Deprived of their Liberty (A/RES/45/113), including by ceasing the use of solitary cells (“kartcers”); and, 

c) prohibit, by law, the use of forced labour as a form of punishment for children in government institutions such as schools and orphanages. 

"While noting the statement regarding the prohibition of corporal punishment in all settings made by the State party during the interactive dialogue with it, the Committee is concerned that, in practice, corporal punishment continues to occur frequently in the domestic context and in alternative care settings.

"With reference to the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment, the Committee urges the State party to: 

a) ensure that its legislation explicitly prohibits corporal punishment in all settings, including in the home and alternative care, and establish monitoring and reporting mechanisms to enforce such a prohibition; 

b) undertake targeted awareness-raising, including campaigns, to promote positive, non-violent and participatory forms of child-rearing and discipline instead of corporal punishment; and, 

c) conduct research to learn about the public opinion and attitudes of professionals, parents and children on corporal punishment in order to better target awareness-raising and training programmes, and ensure that positive parenting and non-violent communication become well-known."

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Session 042 (2006)

(2 June 2006, CRC/C/UZB/CO/2, Concluding observations on second report, paras. 44 and 45)

"While noting that corporal punishment is prohibited in schools, the Committee notes with concern the reports that it is widely practiced in the family and in institutions.

"The Committee recommends that the State party take into account its general comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (2006), and:

a) prohibit corporal punishment by law in institutions and the family and ensure that legislation is properly enforced in schools and institutions, and complied with in the family;

b) carries out public education campaigns about the negative consequences of ill-treatment of children in order to change attitudes about corporal punishment, and promote positive, non-violent forms of discipline in schools, in institutions and at home."

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Session 028 (2001)

(7 November 2001, CRC/C/15/Add.168, Concluding observations on initial report, paras. 39, 40, 45 and 46)

"The Committee is deeply concerned by numerous and continuing reports of ill-treatment of persons under 18 by the militia, including psychological intimidation, corporal punishment, including for purposes of extorting confessions. The Committee deplores the insufficient efforts to investigate allegations of torture, as well as the failure to prosecute alleged perpetrators.

"In the light of article 37 of the Convention, and recalling the Code of Conduct for Law Enforcement Officials, adopted by the General Assembly in its resolution 34/169 of 17 December 1979, the Committee urges the State party to:

a) take all necessary effective steps to prevent incidents of ill-treatment from occurring;

b) implement the recommendations made by the Human Rights Committee (CCPR/CO/71/UZB), and the Committee against Torture (A/55/44, paras. 76-81);

c) provide the militia with training on how to deal with persons under 18;

d) ensure children are adequately informed of their rights when they are arrested and detained;

e) ensure that complaints procedures are simplified so that responses are appropriate, timely and child-sensitive, and provide rehabilitative support for victims.

"The Committee is concerned that there is insufficient information and awareness of the ill-treatment and abuse of children within the family, schools and institutions.

"The Committee recommends that the State party:

a) conduct a study to assess the nature and extent of ill-treatment and abuse of children, and design policies and programmes to address them;

b) take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools, and in institutions, taking into account WHO’s ‘European Strategies and Recommendations for Child Protection’;

c) carry out public education campaigns about the negative consequences of ill-treatment of children, and promote positive, non-violent forms of discipline as an alternative to corporal punishment…."

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