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IMPROVING THE SYSTEM OF PROTECTING WOMEN FROM
DOMESTIC VIOLENCE AND ENSURING GENDER EQUALITY IS AN
INTERNATIONAL TREATY OBLIGATION OF UZBEKISTAN
Ishankhanova Gulnora Amanovna- Independent applicant of
TSUL, USAID Legal Reform Program E-mail:
ishankhanova@gmail.com
Abstract.
The article is devoted to the international obligations of
Uzbekistan in the field of ensuring gender equality and protecting women
from gender-based violence, which influence the implementation in
national legislation of mechanisms for protecting women from domestic
violence through the introduction of a system for assessing the risks of
escalation of domestic violence.
Keywords:
Domestic violence, rights of women and girls,
assessment of the risks of continued violence.
States parties to international treaties are legally bound to comply
with their provisions. Such international documents, along with others,
include:
The Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW, 1979) is a human rights convention whose
provisions are legally binding on states that accede to it. [1]
Beijing Declaration and Platform for Action (1995) - States that have
acceded to these international instruments have committed to “develop
policies designed to ensure that women victims of violence are not re-
victimized as a result of laws, judicial and enforcement measures that do
not take into account gender... "[2]
The Universal Declaration of Human Rights (1948)
[3], the
Convention for the Protection of Human Rights and Fundamental
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Freedoms (1950) [4] established a prohibition of discrimination based on
gender. The International Covenant on Economic, Social and Cultural
Rights [5] and the International Covenant on Civil and Political Rights [6]
place an obligation on states to ensure that men and women enjoy equal
enjoyment of all economic, social, cultural, civil and political rights.
Important for the fulfillment of international obligations was the
adoption by Uzbekistan on September 2,
2019 of two laws: “On
guarantees of equal rights and opportunities for women and men” [7] and
“On the protection of women from oppression and violence”. [8]
Confirming its commitment to compliance with its international
obligations,
by Decree of the President of the Republic of Uzbekistan
No. UP-6012 dated June 22, 2020.
“ON the approval of the national
strategy of the Republic of Uzbekistan on human rights”
[9]it is
stipulated that in order to further improve the mechanism for the protection
of human rights and freedoms, ensure the implementation of the Action
Strategy for the five priority areas of development of the Republic of
Uzbekistan in 2017
- 2021, as well as the effective and timely
implementation of the tasks defined in the Address of the President of the
Republic of Uzbekistan Oliy The Majlis of January 24, 2020, determined
that one of the main activities of government bodies and organizations of
the Republic of Uzbekistan responsible for the implementation of
international human rights treaties is: ensuring the unconditional
implementation of national action plans (“road maps”) aimed at
implementing the recommendations of international human rights
organizations; identifying, analyzing, and eliminating the causes and
conditions that impede the implementation of the recommendations of the
statutory bodies and treaty committees on UN human rights, through the
development and implementation of measures aimed at improving
legislation and law enforcement practice; implementation of effective
cooperation with the Public Chamber under the President of the Republic
444
of Uzbekistan and civil society institutions in the field of implementation of
the international obligations of the Republic of Uzbekistan on human rights.
The issues of improving the state’s response to cases of harassment
and violence against women and ensuring the safety of victims of violence
remain relevant.
In April 2023, the Law “On amendments and additions to certain
legislative acts of the Republic of Uzbekistan in connection with further
improvement of the system of reliable protection of the rights, freedoms and
legitimate interests of women and children” was adopted.[10] This Law
introduces amendments to the laws of the Republic of Uzbekistan,
providing for the improvement of legislation. In particular, the Law
establishes proportionate sanctions for criminal acts affecting the rights of
women and children; legal guarantees have been introduced to protect
women from sexual harassment and domestic violence; the validity period
of an order providing state protection to a victim of harassment and violence
may be extended by court decision to one year; parole and mitigating
circumstances will not be applied to persons who have committed sexual
violence against minors.
Work should continue to introduce changes and additions to the
current legislation in this area, providing for the introduction of a system for
assessing the risks of continued domestic violence.
Risk assessment is the process of identifying and assessing the
degree of hazard in a particular situation. In cases of violence in
relationships between close people, the likelihood that such violence will
recur and worsen is assessed.[11]
The possibility of deadly consequences is also assessed. To assess
risk factors, a systematic approach is used, as well as appropriate methods
and tools for risk assessment.
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Objectives of risk assessment:
• assess the likelihood of recurrence and escalation of violence;
• assess the potential need of the victim (including children) for
assistance;
• provide the necessary protection and assistance to the victim -
reduce re-victimization;
• promote cooperation between the victim and the specialist;
• reduce fear of reporting violence;
• provide more efficient network operation.
Law enforcement officials, mahallas, NGOs, and courts, when
considering a specific case, should, based on the assessment, isolate the
victim of violence and children from the aggressor and not try to reconcile
them in order to avoid more serious consequences.
For example, the experience of Moldova shows that risk
assessments are carried out by police officers in accordance with Order of
the Ministry of Internal Affairs No. 360 of 08.08.2018 On the approval of the
Methodological Instructions on Police Intervention to Prevent and Suppress
Cases of Domestic Violence.[12]
“In order to determine the advisability of taking special measures of
administrative and legal protection against domestic violence, the most
common of which is the issuance of a protective order, a set of diagnostic
measures should be carried out to assess the risks of relapse of violent
acts. This experience was implemented in Poland as part of the
suppression of crimes related to violent acts in family and household
relations, and seems applicable to the Kazakh system of combating such
offenses by means of administrative law.
Considering the above, it seems reasonable to determine promising
446
directions for introducing a system for assessing the likelihood of re-
committing domestic violence (risk assessment) as a direction for
implementing administrative and legal protection against domestic violence
in the Republic of Kazakhstan”. [13]
“The state and officials are obliged to assess risks in accordance
with national legislation, international law and treaties, as well as the
obligations undertaken by departments in national development plans and
strategies. In cases of domestic violence, a risk assessment must be
carried out to assess the likelihood of recurrence and escalation of
violence, as well as the risks posed by the perpetrator, based on the victim's
own assessments. Article 51 of the Istanbul Convention requires the
development of an individual safety plan for all victims of domestic violence.
The safety plan should be based on the risks the victim is exposed to. The
risk assessment must adequately measure the severity of the situation,
since violence can lead to homicide. Particular attention should be paid to
offenders who have access to firearms. (Council of Europe, 2011b: p. 44)”
[14]
Based on the above, it is recommended to make similar additions to
the legislation of the Republic of Uzbekistan in order to protect and ensure
the safety of victims of violence in the event of recurrence of violence, as
well as to provide NGOs specializing in the protection of victims of violence
with the right to assess the risk of recurrence of violence, as the most
gender-sensitive and experienced organizations.
List of used literature:
1. UN Convention on the Elimination of All Forms of Discrimination
against Women ( CEDAW),
https://www.un.org/ru/documents/decl conv/conventions/cedaw.sht
447
ml
2. Beijing Declaration and Platform for Action (1995),
https://www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20R.pdf
3. Universal Declaration of Human Rights (1948),
https://www.un.org/ru/sections/universal-declaration/foundation-
international-human-rights-law/index.html
4. Convention for the Protection of Human Rights and Fundamental
Freedoms (1950),
https://www.echr.coe.int/documents/conventionrus.pdf
5. International Covenant on Economic, Social and Cultural
Rights,
https://www.un.org/ru/documents/decl conv/conventions/pactecon.
shtml
6.International Covenant on Civil and Political Rights,
https://www.un.org/ru/documents/decl conv/conventions/pactpol.sh
tml
10.
Law of the Republic of Uzbekistan “On the protection of women
from oppression and violence” (2019),
https://www. lex. uz/docs/4494712
11.
Law of the Republic of Uzbekistan “On guarantees of equal
rights and opportunities for women and men”,
https://lex.uz/docs/4494873
12.
Decree of the President of the Republic of Uzbekistan No. UP-
6012 dated June 22, 2020 “ON approval of the national strategy of the
Republic of Uzbekistan on human rights”,
https:// lex.
uz/ ru/ docs
/4872357
13.
Law “On amendments and additions to certain legislative acts
of the Republic of Uzbekistan in connection with further improvement of the
system of reliable protection of the rights, freedoms and legitimate interests
of women and children”,
https://lex.uz/ru/docs/6430278
14. Risk assessment in cases of violence in close relationships
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12,
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15. Best Practice Guide for Criminal Justice Interventions in
Domestic Violence Cases,
https://www.undp.org/sites/g/files/zskgke326/files/2022-
12/Narativ%20rusa.pdf
16.
E.S. Akimzhanov, “On the prospects for assessing the
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administrative and legal protection”, 2023,
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