Committee on the Rights of the Child: Tajikistan

Session 076 (2017)

(29 September 2017, CRC/C/TJK/CO/3-5, Concluding observations on third/fifth report, Advance unedited version, paras. 4, 21 and 22)

“The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations. The Committee would like to draw the State party’s attention to the recommendations concerning the following areas, in respect of which urgent measures must be taken: corporal punishment (para. 22), family environment (para. 25), children with disabilities (para. 29), health and health services, in particular, nutrition (paras. 31 and 33), and administration of juvenile justice (para. 47).”

“The Committee notes the adoption of the Act on Parental Responsibility for the Education and Raising of Children (2011), Prevention of Domestic Violence Act (2013) and its accompanying strategic plan (2014-2023), Education Act (2013) and Children’s Rights Act (2015). It is, however, deeply concerned that:

(a) The legislative framework does not explicitly prohibit corporal punishment against children, including in the home, alternative care, day care settings and penal institutions;

(b) Although corporal punishment against children is prohibited in school, implementation of the prohibition under the Education Act (2013) remains inadequate due to the absence of an established reporting mechanism.

“With reference to its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee urges the State party to:

(a) Explicitly prohibit by law corporal punishment of children in all settings;

(b) Reinforce the capacity and number of officers throughout the country dedicated to preventing family violence and expand their mandate to include all settings where violence is perpetrated against children to ensure that the prohibition of violence against children, including corporal punishment, is adequately monitored and enforced in all settings;

(c) Establish reporting mechanisms for the use of corporal punishment in all settings and ensure that investigations, administrative and legal proceedings are initiated promptly and systematically in relation to cases of all violence against children, and that data on cases and their resolution is collected and disaggregated;

(d) Strengthen support for child victims of violence and ensure their access to adequate services for recovery and counselling;

(e) Promote positive, non-violent and participatory forms of child-rearing and discipline through awareness campaigns and trained officers working with families.”

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Session 053 (2010)

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

"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:

a) conduct a study on prevalence of corporal punishment in all settings;

b) enact legislation in order to explicitly prohibit all forms of corporal punishment in all settings;

c) 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;

d) investigate reported cases of corporal punishment and apply adequate sanctions."

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Session 025 (2000)

(23 October 2000, CRC/C/15/Add.136, Concluding observations on initial report, paras. 28, 29, 34 and 35)

"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…."

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