The USA Journals Volume 03 Issue 04-2021
46
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 27, 2021 |
Pages:
46-54
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-08
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article examines the work done in recent years to ensure gender equality in the Republic of
Uzbekistan. Views were expressed on the ratification by the Republic of Uzbekistan of international
conventions and treaties on the protection of women’s rights and the implementation of the norms
set out in these internationally recognized documents in national legislation. The legislation of
Uzbekistan analyzes the norms for raising the issue of gender equality to the level of state policy and
protecting women’s rights in normative legal acts. A number of scientific opinions on gender equality
issues were cited. A number of practical problems on the issue of equality of women and men in the
conditions of Uzbekistan were discussed, as well as some theoretical and practical proposals for their
solution were proposed.
KEYWORDS
Equality, gender equality, women's rights, international conventions, implementation, Labor Code,
Family Code, Parliament, Address, women’s literacy.
INTRODUCTION
Since the first years of independence, wide
range of works has been carried out in the
Republic of Uzbekistan to ensure equal rights
for women and men, and protect motherhood
Features Of Uzbekistan’s Experience In Ensuring Equal
Rights Of Women And Men
Shahnoza Nuritdinovna Gaffarova
Doctoral Student, Tashkent State University Of Law, Uzbekistan
Journal
Website:
http://usajournalshub.c
om/index,php/tajpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 04-2021
47
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 27, 2021 |
Pages:
46-54
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-08
I
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2021:
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and childhood. Special attention was paid to
the establishment of legal and practical
framework for ensuring gender equality.
Article 46 of the Constitution of the Republic of
Uzbekistan, adopted in 1992, is considered to
be a practical example of this issue. That is, in
this article, the norm “Women and men have
equal rights” is strengthened
1
. The current
basis indicates that the issue of gender equality
was an important practical step in the early
years of independence.
The socio-political and spiritual stability of
women in society depends on their attitude
and attention to the youth and family. Such
issues as strengthening the role of women in
our country, creating the necessary conditions
for them to acquire modern education, healthy
and strong families, and protecting the health
of mothers and children are identified as
priorities of state policy.
Uzbekistan was also one of the first Central
Asian States to take a number of measures to
ensure equal rights for women with men. In
1995, Uzbekistan ratified the Convention on
the Elimination of All Forms of Discrimination
against Women (CEDAW)
2
, and a number of its
1
https://lex.uz/docs/4032775
2
https://www.ohchr.org/en/professionalinterest/pages/
cedaw.aspx
3
https://www.un.org/en/about-us/universal-
declaration-of-human-rights
4
https://www.ohchr.org/en/professionalinterest/pages/
crc.aspx
5
https://www.ohchr.org/en/professionalinterest/pages/
cedaw.aspx
6
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEX
PUB:12100:0::NO::P12100_ILO_CODE:C100
articles were incorporated into national
legislation.
MAIN PART
Over the years of independence, Uzbekistan
has signed and acceded to many important
international documents aimed at the equality
of women and men. In particular, the
“Universal Declaration of Human Rights”
3
, the
Convention “On the Rights of the Child”
4
, the
Convention “On the Elimination of All Forms of
Discrimination
against
Women”
5
,
the
Declaration “Оn Equal Remuneration for Men
and Women for Work of Equal Value”
6
,
“Convention
against
Discrimination
in
Education”
7
, the Convention "On the Political
Rights of Women"
8
, the Convention “On
Discrimination in Work and Employment”
9
, the
Declaration "Оn the Elimination of All Forms of
Intolerance and of Discrimination Based on
Religion or Belief"
10
and others
11
.
On the basis of international norms and
standards in the field of human rights,
significant work has been carried out in
Uzbekistan to harmonize national legislative
acts, and more than 100 legislative acts on the
rights and freedoms of citizens have been
adopted.
7
http://portal.unesco.org/en/ev.php-
URL_ID=12949&URL_DO=DO_TOPIC&URL_SE
CTION=201.html
8
http://hrlibrary.umn.edu/instree/e2cprw.htm
9
https://www.ilo.org/wcmsp5/groups/public/---
ed_norm/---
declaration/documents/publication/wcms_decl_fs_85
_en.pdf
10
https://www.ohchr.org/en/professionalinterest/pages/r
eligionorbelief.aspx
11
Review of the current legislation of the Republic of
Uzbekistan. T, 1999, p. 10.
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A wide range of activities is being carried out in
our country to increase the socio-political and
social activity of women and girls, to create
conditions for them to realize their abilities and
opportunities in various fields and industries,
to ensure unconditional respect for their rights
and legitimate interests, to fully support
motherhood and childhood, as well as to
strengthen their health.
At the same time, it is noted that the state of
affairs in this area is evidenced by the presence
of a number of systemic problems and
shortcomings that prevent comprehensive
support for women in all spheres, the
organization of purposeful work with them,
the strengthening of the moral environment in
families and the creation of effective health
care institutions, improving the quality of life of
women. In fact, this shows that women do not
give them the opportunity to fully mobilize
their strength and capabilities when it comes
to solve the most important problems.
It is also necessary to ensure the effective
implementation of state policies to support
women, protect their rights and legitimate
interests, as well as to increase their role and
activity in the socio-political life of the country.
In his Address to the Oliy Majlis on December
29, 2020, President of the Republic of
Uzbekistan SH.M.Mirziyoyev noted that
“strengthening the role and position of women
in state and public administration is the most
priority area of reforms”, and analyzed the
results of the positive growth of the role of
women in public administration in recent years.
In his speech, the President noted that “the
task facing our state is to increase the prestige
12
https://president.uz/en/lists/view/4047
of women in society, and proposed as a next
step to create a Republican Women’s Public
Council, which will include initiative women
who are well aware of women’s problems, in
order to create more opportunities for
women”
12
.
In general, the head of our state will address
the issue of women, practical reforms related
to ensuring their rights and freedoms, and
plans for the future in each of his speeches.
In particular, at the 75th session of the UN
General Assembly on September 23, 2020,
President of the Republic of Uzbekistan
Shavkat Mirziyoyev pointed: “As a result of our
large-scale measures for the political, social
and economical modernization of society, a
new Uzbekistan is being formed. Today, the
democratic changes in our country have taken
such a turn that you can’t go back.
The gender equality policy became a priority
for us. The role of women in public
administration is growing. In our new
Parliament the number of women deputies has
doubled”
13
.
The Convention on the Elimination of All Forms
of Discrimination against Women has been
ratified by some States under additional
conditions, which means that much remains to
be done in this regard. But the norms adopted
by the majority of States on the protection of
women from various forms of violence,
protection of motherhood, ensuring equality in
the sphere of work, active participation of
women in political and social processes, and
support for defenseless women have been
adopted by the majority of States.
13
https://www.un.int/uzbekistan/news/speech-
president-republic-uzbekistan-he-mr-shavkat-
mirziyoyev-75th-session-united-nations
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Pages:
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RESULTS AND DISCUSSIONS
Consistent measures are being taken in the
Republic to implement women’s rights,
develop gender legislation, and improve the
legislative framework and norms. In the
process
of
improving
the
legislative
framework, laws were adopted aimed at the
following. In particular, attention was paid to
the protection of women’s rights in family and
marriage relations, efforts to prevent violence,
and the fight against outdated patriarchal
stereotypes
14
.
Thus, the legislation of the Republic of
Uzbekistan fully complies with international
standards, and from a legal point of view, we
do not have the opportunity to create
advantages of one sex over the other. For
example, the restrictions that prohibit women
from working in difficult and harmful working
conditions that exist in the labor legislation, as
well as the fact that women actively participate
in the performance of maternal duties and
social life (part-time work, an abundance of
vacation time, etc.). and the use of incentive
benefits are not considered discriminatory
under international law, that is, it is a specific
positive discrimination
15
. In our opinion, for the
same reason, it is impossible to deny the
physiological properties of the female div.
The norms established by the Labor, Family and
other codes of the Republic of Uzbekistan are
aimed at ensuring equality between women
and men. However, in some places, women are
also given certain preferences. In particular,
14
Twenty-fifth anniversary of the Fourth World
Conference on Women and the adoption of the Beijing
Declaration and Platform for Action (1995). Report on
the implementation of the provisions of the Beijing
Declaration and Platform for Action Uzbekistan.
2019.
article 16 of the Labor Code of the Republic of
Uzbekistan defines in accordance with the
Constitution of the Republic of Uzbekistan:
“everyone has the right to work, to freely
choose their place of work, to work on the
basis of fair working conditions, and to be
protected from unemployment in accordance
with the procedure established by law”
16
.
Article 78 of the Labor Code establishes
procedures for preventing illegal refusal of
employment. According to this article
17
, an
employer has no right not to employ people
who are required by law to conclude an
employment contract (people employed at the
expense of the established minimum number
of jobs; pregnant women and women with
children under three years of age - on the basis
that they are pregnant or have children,
respectively).
Chapter XIV of the Labor Code deals with
additional guarantees and benefits that are
provided to employees of certain categories.
Article 224 “Guarantees for the employment of
pregnant women and women with children”,
Article 225 “Work in which the use of women’s
labor is prohibited”, article 226 “Transfer of
pregnant women to easier or non-harmful
work factors”, Article 227 “transfer of women
with children under two years of age to work
exposed to lighter or unfavorable factors of
production, when working on weekends, there
are restrictions on the use of women’s labor
and sending them on a business trip”, other
perks and amenities are also provided. And in
15
Cherkashina I. In the field of Gender law and
management. Legislative basis of Gender equality. //
Introduction to Gender relationship theory and
practice. Collection of scientific articles T.: 2007.
Р.189
16
https://cis-legislation.com/document.fwx?rgn=974
17
https://cis-legislation.com/document.fwx?rgn=974
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article 289 it is established that “the old-age
pension is assigned to employees who are
insured on a general basis: men-sixty years, and
women-fifty-five years, if the total work
experience is not less than twenty-five years,
then the total work experience is assigned at
least twenty years”.
Both women and men have the right to choose
their own profession. No one can be forced to
accomplish what they don’t want to do.
International human rights standards and the
requirements of national legislation prohibit
forced labor.
After all, the state protection of gender
equality is a reform of discriminatory norms
based on democratic principles and their
implementation in practice. The norms
established by the state, national rules, must
be
implemented
by
society,
public
organizations and state bodies.
The Family Code of the Republic of Uzbekistan
defines the norms aimed at protecting the
interests of women in the family.
In particular, article 3 of the Family Code
establishes the equality of citizens in family
relations, according to which “all citizens have
equal rights in family relations. When entering
into a marriage, depending on gender, race,
nationality, language, religion, social origin,
nationality, personal and social status, as well
as other circumstances, it is not allowed to
directly or indirectly restrict rights in a certain
way, establish direct or indirect advantages
and interfere in family relations”. Article 14 of
the Code establishes the exclusivity of
marriage, according to which “for the
purposes of marriage, the future couple must
18
https://cis-legislation.com/document.fwx?rgn=973
be able to freely express their consent. Forced
marriages are forbidden”
18
.
In addition, chapter 4 of the Family Code
defines the personal rights and obligations of
spouses. In particular, article 18 of the Code
defines “the existence of the rights and
obligations of spouses”, and article 19
“equality of husband and wife in the family”.
And Chapter 5 of the Family Code establishes
the property rights and obligations of the
husband and wife.
According to S.Baratova, the Chairman of the
Senate of the Oliy Majlis of the Republic of
Uzbekistan on Women and Gender еquality,
the law on gender Equality “guarantees equal
rights for women and men in the exercise of
personal, political, economical, social and
cultural rights. The same guarantee provides
for the provision of equal rights and
opportunities in the areas of public
administration, equal participation in the
electoral process, health, education, science,
culture, labor and social protection, as well as
in other areas of public and public lives. Most
importantly, true equality between women
and men will be achieved in all areas, especially
if our society as a whole understands and fully
understands the essence of this law”
19
.
Issues of international cooperation for the
protection of women’s rights in Uzbekistan are
of paramount importance for improving the
national legislative framework aimed at
equalizing the opportunities of women and
men in Uzbekistan.
Because there is a concrete experience of
ensuring gender equality in the leading
countries of the world. In particular, since 1996,
19
https://uza.uz/uz/posts/khotin-izlar-va-erkaklar-
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the
European
Commission
has
been
monitoring
the
implementation
of
a
comprehensive approach to gender equality.
Reports are published under the general title
“Equal opportunities for women and men in
the European Union” on issues of ensuring
equality between women and men. The special
significance of the world community’s
approach to gender equality lies in the fact that
this approach unites the interests and dignity
of women.
According to I.Cherkashina, who conducted
scientific research in the same field, this is
directly related to the full realization of all the
rights and freedoms granted to women to
improve their position in society, increase their
status. The State is obliged to support this, to
protect the rights and legitimate interests of
women
20
.
In our opinion, when reforming the issue of
gender equality, the state’s protective
measures can be manifested in the following
types:
Reform of legislation, improvement and
elimination
of discriminatory
norms
against women;
Elimination of shortcomings in the
legislation that deprive women of the right
to self-defense;
Monitoring of practical compliance with
the norms introduced into the recognized
international and national legislation
ensuring women’s rights and interests;
Increasing legal literacy of women;
It is necessary to expand the network of
public organizations that directly deal with
20
Cherkashina I. Measures of legal protection and
promotion of gender equality. Introduction to the
theory of gender relations. Introduction to the theory
women’s issues, and to support them from
the state.
In accordance with the accepted international
requirements, women’s working volume in
public administration bodies, organizations
and institutions must make up at least 30% of
the total number of employees. This norm is
also enshrined in the documents adopted in
the Republic of Uzbekistan.
It should be noted that the introduction of
quotas for creating equal conditions in
Parliament and self-government bodies in
order to increase women’s political activity is
an important effect of ensuring equality
between women and men.
Special attention is paid to the socio-political
activity of women in the electoral system. The
provision that at least 30 percent of candidates
from political parties are women indicates that
the electoral legislation complies with
international requirements.
At the beginning of 2002, women accounted
for 13.7% of the senior management bodies in
Uzbekistan, while men accounted for 86.3%. In
the legislative and representative bodies, the
proportion of women was 12.3%, men 87.7%, in
the executive authorities 15.3% and 84.7%,
respectively, in the judiciary 20.3% and 79.7%,
21
.
The Election Code of the Republic of
Uzbekistan has introduced a provision that the
number of women must be at least thirty
of gender relations. // Collection of scientific articles.
- Vol.: 2007. 233-p.
21
Women and men of Uzbekistan. Article. collection.
T., 2002. p. 101.
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percent of the total number of candidates for
these deputies from a political party
22
.
In his congratulatory message on the occasion
of International Women’s Day on March 8,
2020, President of the Republic of Uzbekistan
Sh.Mirziyoyev said: “Thanks to mothers, our
country is peaceful, the sky is clear, our work is
fruitful and our life is blessed. The country pays
great attention to women’s rights and gender
equality. In addition to caring for their families,
women are also actively involved in public and
public affairs. Of the 150 deputies elected to
the Legislative Chamber of the Oliy Majlis, 32%
were women. In the Senate and local councils,
this figure exceeds 25 percent. For the first
time in Uzbekistan’s history, the number of
women in the national parliament has reached
the level set by the United Nations. The
legislative div of our country has risen to 37
th
place among 190 national parliaments in the
world in terms of the number of women
deputies. However, 5 years ago, we were in
128
th
place”
23
.
If we compare the share of women in the
parliaments of other countries of the world,
then women in the parliament of the State of
Israel make up 27.5%, in Sweden-43.6%, in
Finland-42%, in Norway-41.4%, in Iceland-
38.1%.
24
.
World experience shows that the solution of
many problems in the field of ensuring
women’s rights largely depends on the culture
of equality of men and women in society, the
culture of gender relations. And this cannot be
22
https://lex.uz/docs/4458857
23
https://president.uz/uz/lists/view/3431
24
Abdieva F. Increasing the role of women in public
administration: problems and ways to solve them.
Collection of articles of the Republican scientific and
practical conference on the topic "Increasing the socio-
political activity of women – an important factor of the
achieved without raising a woman in a
respectful relationship as a person, without
raising her status, without improving her
position in the family and society, without
strengthening her legal status. For this reason,
it is increasingly important to create a clear
legal framework for the protection and
enforcement of women’s rights, a favorable
social environment for women, strengthening
their status in the family and society, and
increasing participation in State power
structures. At the same time, in the national
mechanism for the implementation of
international human rights standards, the
importance of coordinated work of various
associations, the activities of women’s and
women’s public associations to protect the
rights of men and women are increasing. The
legal and organizational conditions created in
Uzbekistan for women’s participation in public
and public life are an important area of State
policy
25
.
Unfortunately, “women’s low self-esteem
remains an extremely worrying principle.
Gender inequality is considered the norm of
life, they are even more patriotic than men.
Teenagers naturally accept the withdrawal of
women from the political scene and the long
silence that reigns over family problems”.
Without training women for leadership and
responsible decision-making, it is difficult to
imagine the development of civil society, the
strengthening of democratic reforms, and the
reforms carried out in our country". - T.:
"ECONOMY-FINANCE", 2019. - p. 82
25
Akhmedshina F. Gender problems of Uzbekistan in
the conditions of independence. Introduction to the
theory of gender relations. Introduction to the theory
of gender relations. // Collection of scientific articles.
- T.: 2007. Р. 413-415
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development of various public and women’s
organizations.
Gender equality between men and women –
the development of the legal and political
culture necessary for women for social
changes in society, the further promotion of
which is necessary. Women’s legal and political
literacy provides a practical basis for strategic
changes in society.
Currently, women are involved not only in
political
reforms,
but
also
in
the
implementation of legal reforms. The
participation of women widows in the reforms
undertaken to ensure gender equality in
society, especially the participation of legal
scholars and women practitioners, contributes
to further improving the consistency and
effectiveness of hymns conducted in the field
of gender equality.
CONCLUSION
To recapitulate, it is worth noting that now
almost all countries take into account the
interests and needs of women. They
participate in the processes of public
administration and decision-making.
The effective use of the equal rights of women
and men is seen as a fundamental value of
sustainable development. There is a consensus
on the empowerment of women in all areas.
It is necessary to continue practical actions
aimed at changing the negative attitude of
women to gender equality in society, removing
obstacles to improve the social status of
women, respecting their views and rights, and
preventing discrimination and violence as a
result of gender inequality.
Although the law prohibits any discrimination
on the basis of sex and provides a legal
framework for protecting women’s rights in
the labour market, its practical effect is not the
same in all areas. The expected results will not
be achieved if the implementation of the
adopted legal acts on ensuring equality of
women and men is not strengthened by the
coercive power of the State. At the same time,
the
principle
of
the
inevitability
of
responsibility must be ensured. The adoption
of judicial measures against violations of the
law in cases of insufficient protection of the
legitimate interests of women will contribute
to improving the effectiveness of work to
ensure equality between women and men.
It is necessary to increase the number of
politically-active,
legally-educated
and
spiritually-educated women in society, to
expand their participation in state and public
administration.
Providing women with privileged access to
higher education institutions, depending on
their appearance in the districts, attracting
women’s working in public administration
bodies, organizations and institutions that give
birth and leave for childcare to online training
courses serves to prevent cases of lag in the
acquisition of modern knowledge and skills of
women.
Keeping a clear record of women in need of
social protection is necessary to further
expand measures to provide them with
guaranteed assistance from the State, as well
as to develop effective monitoring of the
protection of women’s rights and further
improve existing opportunities.
REFERENCES
1.
https://www.ohchr.org/en/professionalint
erest/pages/cedaw.aspx
The USA Journals Volume 03 Issue 04-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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Pages:
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Doi:
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https://www.un.org/en/about-
us/universal-declaration-of-human-rights
https://www.ohchr.org/en/professionalint
erest/pages/crc.aspx
5.
5.https://www.ilo.org/dyn/normlex/en/f?p
=NORMLEXPUB:12100:0::NO::P12100_ILO
_CODE:C100
http://portal.unesco.org/en/ev.php-
URL_ID=12949&URL_DO=DO_TOPIC&UR
L_SECTION=201.html
http://hrlibrary.umn.edu/instree/e2cprw.h
tm
https://www.ohchr.org/en/professionalint
erest/pages/religionorbelief.aspx
10.
Review of the current legislation of the
Republic of Uzbekistan. T, 1999, p. 10.
11.
https://president.uz/en/lists/view/4047
13.
Twenty-fifth anniversary of the Fourth
World Conference on Women and the
adoption of the Beijing Declaration and
Platform for Action (1995). Report on the
implementation of the provisions of the
Beijing Declaration and Platform for
Action Uzbekistan. 2019.
14.
Cherkashina I. In the field of Gender law
and management. Legislative basis of
Gender equality. // Introduction to Gender
relationship
theory
and
practice.
Collection of scientific articles T.: 2007.
Р.189
https://cis-
legislation.com/document.fwx?rgn=974
https://cis-
legislation.com/document.fwx?rgn=974
https://cis-
legislation.com/document.fwx?rgn=973
https://uza.uz/uz/posts/khotin-izlar-va-
erkaklar-rtasida-a-i-iy-tenglikka-achon-
erish-26-09-2019
19.
Cherkashina
I.
Measures
of
legal
protection and promotion of gender
equality. Introduction to the theory of
gender relations. Introduction to the
theory of gender relations. // Collection of
scientific articles. - Vol.: 2007. 233-p.
20.
Women and men of Uzbekistan. Article.
collection. T., 2002. p. 101.
21.
22.
https://president.uz/uz/lists/view/3431
23.
Abdieva F. Increasing the role of women in
public administration: problems and ways
to solve them. Collection of articles of the
Republican
scientific
and
practical
conference on the topic "Increasing the
socio-political activity of women – an
important factor of the reforms carried
out in our country". - T.: "ECONOMY-
FINANCE", 2019. - p. 82
24.
Akhmedshina F. Gender problems of
Uzbekistan
in
the
conditions
of
independence. Introduction to the theory
of gender relations. Introduction to the
theory of gender relations. // Collection of
scientific articles. - T.: 2007. Р. 413-415
