Tajikistan prohibits all corporal punishment of children!

 

Tajikistan has achieved full prohibition of corporal punishment of children with the enactment of The Law of The Republic of Tajikistan on Responsibility for Child Education and Upbringing 2024 (Former Law on Parents Responsibilities in Child Upbringing 2011). The new Law was adopted on June 20, 2024, and became immediately effective.

With this law reform, Tajikistan becomes the 67th state worldwide to realise children’s rights to protection from all violent punishment.

Tajikistan

The new legislation

Article 16 of The Law of The Republic of Tajikistan on Responsibility for Child Education and Upbringing requires that parents do not use violence, including corporal punishment, against the child during upbringing, that they respect the child's dignity, and do not allow cruel, inhuman, and degrading treatment towards them.

Article 17 confirms that persons substituting parents have all the rights and responsibilities provided for parents in Articles 14, 15, and 16 of this Law unless the legislation of the Republic of Tajikistan stipulates otherwise.

The new law also confirms the prohibition of corporal punishment in schools and other institutions, requiring that teachers do not use violence, including corporal punishment, against children during the education process, that they respect and uphold the rights, freedoms, and dignity of the child, and do not allow cruel, inhuman, and degrading treatment (article 20).

Article 4 lists the principles upon which responsibility for child education and upbringing is based, including respect for the child, their rights, and freedoms; ensuring the protection of the child's legal rights and interests; and prevention of violence against children.

Article 21 requires the relevant authorities to take measures to prevent violations in child education and upbringing:

‘implement a set of measures with economic, social, legal, informational, educational, upbringing, and rehabilitative characteristics to prevent violations by parents, guardians, caretakers, individuals raising children based on a contract, other legal representatives, and other individuals and legal entities under whose care and upbringing the child is, as well as to eliminate the causes and conditions contributing to them, in accordance with the legislation of the Republic of Tajikistan (unofficial translation).

Article 22 describes preventative measures that can be taken to provide assistance to parents, including conducting public education campaigns, holding meetings with parents and organizing "Parents' Days" in educational institutions; materially and morally encouraging parents who successfully fulfill their responsibilities in child education and upbringing; conducting preventive conversations; and providing individual support to parents.

 

 

The founder of national peace and unity, the President of the Republic of Tajikistan Emomali Rahmon, has reaffirmed his dedication to the well-being of children through support in adoption of the Law On Responsibilities in Child Upbringing and Education.

For the first time in its history, Tajkistan has taken a firm legal stand against violence or threats of violence against children and all forms of corporal punishment, whether inflicted by parents, guardians, teachers or other caregivers.

The purpose of these legislative changes is to promote the education, patriotism and positive upbringing of children and to ensure the protection of their rights and best interests.

- Dilrabo Mansuri, Deputy Prime Minister of the Republic of Tajikistan, Chair of the National Commission on Child Rights.  

 

 

Wider progress towards recognizing and upholding children's rights within the legal framework

The enactment of The Law of The Republic of Tajikistan on Responsibility for Child Education and Upbringing 2024, follows the revision of the Law On the Protection of the Rights of the Child 2015, in January 2024.  The revised Law On the Protection of the Rights of the Child 2015 prohibits “the use or threat to use violence against a child”, and requires adults, authorities and organisations to take preventive measures to protect the child. The recent enactment of these two child protection legislations reflects the Tajik Government’s commitment toward the protection and promotion of children’s rights and interests.

To enhance the protection of children from corporal punishment and all forms of violence, the legislators also introduced amendments to the Law on Appeals from Individuals and Legal Entities, the Law on Protection of Children's Rights, and the Family Code that now enable children to be heard in judicial proceedings and to submit complaints and appeals to the government, irrespective of their age.

These changes mark a substantial advancement in recognizing and upholding children's rights within the legal framework. By allowing children to voice their opinion and concerns, these amendments emphasize the necessity of considering the child's perspective in all judicial matters, helping to ensure that children's rights are safeguarded as well as creating a more inclusive environment for their active participation in legal processes. The reforms also prioritize the child's best interests, reinforcing the commitment to protect them from harm and promoting a more supportive and responsive system. Overall, the new legal provisions facilitate a more effective and empathetic implementation of child protection measures, aligning with international standards and fostering an environment where children's voices are heard and valued.

 

"As young activists, we feel a deep sense of gratitude and appreciation for the government's genuine care and respect for our opinion. The recent legislative changes have given us the invaluable opportunity to have our voices heard, despite our age. We feel immensely proud that the young generation in Tajikistan can now freely express their views and submit reports without age barriers."

– Shukrona Mirzoeva, young activist, UNICEF Young Participants Advisory Group, during the National Conference dedicated to World Children’s Day

 

Communicating the new law to the public

In partnership with UNICEF, the Government of Tajikistan is set to launch a series of awareness activities aimed at informing key stakeholders about recent legislative changes. These events will target a broad audience, including parents, children, and other relevant parties, to ensure comprehensive understanding of the new legal framework.

The planned activities will feature interactive sessions, informational workshops, and public events designed to effectively communicate the legislative updates. UNICEF's approach will utilize a multi-faceted strategy, employing various channels and platforms to reach and engage the target audiences.

 

A National Conference dedicated to World Children’s Day, focused on prevention of violence against children

On 31 May 2024, the National Commission on Child Rights under the Government of the Republic of Tajikistan, in partnership with UNICEF, the Swiss Government, and other development partners held a National Conference dedicated to World Children’s Day, focused on prevention of violence against children. [1]

The Conference was chaired by the Deputy Prime Minister and attended by the Minister of Education with Deputies from 6 Ministries and Agencies, Heads of the EU Delegation, The World Bank, Representatives of the Swiss Government, USAID, OSCE, CSOs, UN Agencies, development partners, journalists and academics. The Conference celebrated legislative progress in addressing violence against children introduced earlier in 2024, included commitments to prohibiting all corporal punishment – achieved on 20 June - and served as a National Preparatory Session for Ministerial Conference in Bogota, Colombia in November 2024.

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The National Conference on 31 May 2024 dedicated to World Children’s Day

A National Programme for Child Protection System Reform

In conjunction with these awareness efforts, the Government of Tajikistan has begun developing the National Programme for Child Protection System Reform. This Programme aims to institutionalize a robust child protection system that fosters inclusion and addresses issues such as separation, deprivation, violence, abuse, exploitation, and neglect. It will outline comprehensive policy and legislative changes, focus on evidence generation, and strengthen the child protection system at both national and local levels. Key components of the Programme include enhancing the social service workforce for child protection, building systemic capacity among child protection service providers, promotion of family-based care and improving coordination to support children and families in need.

 

 

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We applaud this critical progress for children, and also welcome the various interventions being delivered by the Government and its partners to put the law into practice! Together, the prohibition of corporal punishment and its implementation will enable Tajikistan to make significant progress in eliminating all forms of violence against children in whatever context they occur.

With a child population of 4,047,000, prohibition in Tajikistan brings the total number of children worldwide protected by law from corporal punishment to approximately 329 million, or 14% of the global child population.

But many children around the world are still waiting to be protected from legalized violence. Considering the global commitment to ending all violence against children in the context of the 2030 Agenda for Sustainable Development, we call on all remaining governments to enact prohibition as a matter of priority.

 

Find out more:

[1] https://www.unicef.org/tajikistan/press-releases/national-conference-commemorate-international-childrens-day