Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, schools, penal institutions and alternative care settings.

There appears to be no confirmation in legislation of a right to impose “reasonable chastisement” or similar in childrearing, but provisions against violence and abuse of children are not interpreted as prohibiting all corporal punishment in childrearing. The near universal social acceptance of corporal punishment in childrearing necessitates clarity in law that no level of corporal punishment is acceptable. Explicit prohibition should be enacted of all corporal punishment and other cruel or degrading forms of punishment, in the home and all other settings where adults have authority over children.

Explicit prohibition of corporal punishment should be enacted in relation to all education settings (public and private), all institutions accommodating children in conflict with the law, and all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. There appears to be no confirmation in legislation of a right to impose “reasonable chastisement” or similar (information unconfirmed) and during the Universal Periodic Review of Tajikistan in 2011, the Government accepted recommendations to prohibit corporal punishment of children stating that it considers these have already been implemented (A/HRC/19/3, Report of the Working Group, paras. 89(3) and 89(4)). However, while the Family Code (2011) states that every child has the right to respect for human dignity (article 55) and that in bringing up their children parents must not use neglectful, cruel, degrading or abusive means (article 65) and the Law on Parental Responsibility for Education and Upbringing of Children (2011) states that parents have a responsibility to respect the honour and dignity of children and protect them from ill-treatment (article 8), there is no explicit prohibition of all corporal punishment in childrearing. Provisions against violence and abuse in the Criminal Code (2010) and the Constitution (1994) do not prohibit all corporal punishment in childrearing.

Schools

Article 39 of the Education Act (2004) protects students from humiliating and other unlawful acts against their dignity, but the Act does not explicitly prohibit corporal punishment.

Penal system

Corporal punishment is unlawful as a sentence for crime. There is no provision for it in the Criminal Code or the Code of Criminal Procedure (2010). Cruel, inhuman or degrading treatment or punishment is prohibited in the Penal Enforcement Code (article 10), the Constitution (article 18).

There is no prohibition of corporal punishment as a disciplinary measure in penal institutions.

Alternative care

There is no explicit prohibition of corporal punishment in alternative care settings.

Prevalence research

A UNICEF report published in 2010 states that 78% of children aged 2-14 experienced violent discipline (physical punishment and/or psychological aggression) in 2005-2006. Six in ten experienced physical punishment, while a much smaller percentage (12%) of mothers and caregivers thought that physical punishment was necessary in childrearing, and non-violent discipline was also widely used: experienced by 89% of children. Nearly one child in five experienced severe physical punishment (being hit or slapped on the face, head or ears or being hit over and over with an implement) and 73% experienced psychological aggression (being shouted at, yelled at, screamed at or insulted). Boys were slightly more likely than girls to experience violent discipline: 80% compared to 75%. Children aged 5-9 were more likely to experience violent discipline than those of other ages: 81% of children aged 5-9 compared to 69% of children aged 2-4 and 79% of children aged 10-14. Children living in larger households were more likely to experience violent discipline: 79% of children in households of 6 or more people compared to 61% of children in households of 2-3 people. The statistics also suggest that children with more siblings are more likely to experience violent discipline in most countries involved in the study (p. 72). No significant differences in children’s experience of violent discipline were found according to level of education of adults in the household or engagement in child labour.  (UNICEF (2010), Child Disciplinary Practices at Home: Evidence from a Range of Low- and Middle-Income Countries, NY: UNICEF)

According to statistics from UNICEF on violence in the family, in 2005-2006 seventy-four per cent of girls and women aged 15-49 thought that a husband is justified in hitting or beating his wife under certain circumstances. (UNICEF (2009), Progress for Children: A report card on child protection, NY: UNICEF)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee notes the State party’s efforts to raise awareness on violence against children, including campaigns ‘protecting children from abuse’ as well as the establishment of rehabilitation centres for women and children. The Committee, however, regrets that these activities are limited to certain regions of the country and corporal punishment is not explicitly prohibited under domestic laws and is extensively used as a disciplinary measure at home, schools, and childcare institutions. The Committee regrets the lack of representative data on corporal punishment of children by parents, teachers and the staff of childcare institutions.

“The Committee recommends that the State party, as a matter of urgency:

1. conduct a study on prevalence of corporal punishment in all settings;
2. enact legislation in order to explicitly prohibit all forms of corporal punishment in all settings;
3. organize awareness campaigns on the negative impact of corporal punishment on children, and provide teachers, parents, community leaders, and personnel working in penal institutions with training;
4. investigate reported cases of corporal punishment and apply adequate sanctions.”

(5 February 2010, CRC/C/TJK/CO/2, Concluding observations on second report, paras. 39 and 40)

“The Committee is concerned at numerous and continuing reports of ill-treatment of persons under the age of 18 by the militia, including psychological intimidation, corporal punishment and torture. The Committee is also concerned that victims of such treatment are largely from vulnerable groups, such as children living and/or working on the streets; and that fear of reprisals and inadequate complaints procedures discourage children and their parents from filing complaints.

“In the light of article 37 of the Convention and the Code of Conduct for Law Enforcement Officials, adopted by the General Assembly in its resolution 34/169 of 17 December 1979, the State party should take all necessary and effective steps to prevent incidents of ill-treatment by law enforcement officials. The Committee recommends that the State party provide the militia with training on how to deal with persons under the age of 18; ensure that persons are adequately informed of their rights when they are detained; ensure that complaints procedures are simplified so that responses are appropriate, timely, child-friendly and sensitive to victims; and provide rehabilitative support to victims.

“The Committee is concerned at the incidence of ill-treatment of children in the family, in institutions and in school. The Committee is also concerned that violence against women is a problem in Tajikistan and that this has harmful consequences on children.

“In the light of articles 19 and 39 of the Convention, the Committee recommends that the State party ensure that all forms of physical and mental violence, including corporal punishment and sexual abuse, against children in the family, in schools and in care institutions are prohibited. The Committee recommends that measures to that effect be accompanied by public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and schools….”
(23 October 2000, CRC/C/15/Add.136, Concluding observations on initial report, paras. 28, 29, 34 and 35)

Human Rights Committee

“The Committee is concerned about reports of persistent recourse to corporal punishment as a means of discipline in schools (art. 24).

The State party should take the necessary measures to prohibit this practice.”
(18 July 2005, CCPR/CO/84/TJK, Concluding observations on initial report, para. 23)

Universal Periodic Review

Tajikistan was examined in the first cycle of the Universal Periodic Review in 2011.The Government accepted recommendations to prohibit corporal punishment of children, stating that it considers they have already been implemented (A/HRC/19/3, Report of the Working Group, paras. 89(3) and 89(4)). Examination in the second cycle is scheduled for 2016.