Komron Tursunmurodov

Image source: www.politicalyouthnetwork.org

Advocting for women’s rights are an essential aspect of ensuring equality and fairness in society. International conventions, such as the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Discrimination against Women, have recognized this fundamental principle. However, despite these declarations, discrimination against women still persists, leading to gender inequality.

In Uzbekistan, the government has made significant efforts to address this issue and provide women with social and economic benefits to ensure their full participation in society. The key areas where these benefits are evident is in education, labor and criminal punishment system. This blog post will discuss whether such positive privileges given to women are an indispensable measure for promotion of women’s rights or a cause of social injustice. It will start-off by reviewing the positive discrimination measures in: (i) education; (ii) labor and (iii) criminal justice system.

I. Empowering Women Through Educational Opportunities in Uzbekistan

Many young girls from low-income households face barriers in pursuing higher education due to financial constraints. In the past, this lack of access to education often resulted in early marriages and limited opportunities for these girls. Recognizing this problem, the government has taken steps to increase the number of state grants available to girls from needy families, as outlined in Presidential Decree PD-6155. Additionally, Presidential Decree PD-5020 ensures that local authorities covers the tuition fees for girls who are accepted to universities but are unable to pay for the education. According to Presidential Decree PD-87, the government of Uzbekistan annually allocates a minimum of 200 billion soums from the state budget to provide non-refundable contract payments for women enrolled in master’s programs at state higher educational institutions.

Furthermore, efforts have been made to increase the representation of women in prestigious educational and scientific institutions abroad through scholarships from the “El-yurt Umidi” Foundation. By ensuring that at least 20% of the recipients are women who have successfully completed their bachelor’s degrees, the government is promoting gender equality in higher education.

The Decree of the Cabinet of Ministers also provides educational benefits for women in Uzbekistan. According to this decree, women from disadvantaged families who wish to pursue higher education are eligible for an additional state grant allocated to the country’s higher educational institutions.

Certainly, there are arguments that the above mentioned privileges harm the principles of equality, as embroidered in the Constitution. However, the need for promotion of women’s access to education cannot be denied in light of the fact that  women’s representation in higher education is only around 37%.  By providing educational benefits to women from disadvantaged backgrounds, the Uzbek government is working towards promoting gender equality and empowering women to reach their full potential.

II. Labor Benefits for Women in Uzbekistan

Uzbekistan’s Labor Code (from now on referred to as – the Code) guarantees various rights for women in the workforce, aiming to protect them from discrimination and ensure equal opportunities regardless of pregnancy or childcare responsibilities. There were cases when pregnant women or women with young children were deprived of job opportunities mainly because they had “household problems”. Employers assumed that these women were too busy to perform their work duties effectively, and they either terminated employment contracts or decreased their salaries. To avoid this injustice, the Code, along with the new Constitution, prohibits employers from refusing to hire, dismissing, or reducing wages of women based on pregnancy or having children, addressing issues where women were previously discriminated against due to assumptions about their ability to balance work and family responsibilities.

The Labor Code provides for further guarantees for women as follows:

  1. Article 119 and 392 of the Code prevent unlawful denial of employment based on pregnancy or childcare. Employers must provide a written justification for refusing to hire women under these circumstances.
  2. Article 129 allows pregnant women or women with children under three years old to be hired without the need for a probation period, ensuring they have the same opportunities as other employees from the start.
  3. Article 186 and 398 require employers to accommodate part-time working hours for pregnant women and parents of children up to three years old, promoting work-life balance for employees with caregiving responsibilities.
  4. Article 232 and 400 prohibit employers from recalling pregnant women from annual leave, ensuring they can take necessary time off for antenatal care while maintaining their pay.
  5. Article 403 mandates that employers provide pregnant women with necessary prenatal care, including additional days off for medical appointments while receiving their average salary.
  6. Article 404 grants women maternity leave before and after childbirth, with payment of benefits ensuring financial support during this period.

The new Labor Code promotes equality by providing equal opportunities for men and women, such as allowing both genders with children under three to work part-time and protecting their annual leave rights. These provisions aim to create a fair working environment for all employees, regardless of gender or family responsibilities.

III. Privileges in the Criminal Justice System in Uzbekistan

In the criminal justice system of Uzbekistan, certain privileges are granted when determining punishments, particularly when it comes to pregnant women and women with young children. These privileges are aimed at considering the unique circumstances these women are in and adjusting the severity of punishment accordingly.

A crime committed by a pregnant woman is recognized as a mitigating circumstance in Uzbekistan’s criminal law. This means that the punishment for a pregnant woman committing a crime would generally be less severe compared to that of a man committing a similar offense. For example, while a man might face life imprisonment for a serious crime like a vicious murder, the law prohibits imposing the same punishment on a pregnant woman under similar circumstances.

According to the Criminal Code of Uzbekistan, certain punishments, such as mandatory community service and correctional work, cannot be applied to pregnant women and women with children under three years of age. Additionally, for crimes that do not pose significant public danger, crimes committed through negligence, or less serious intentional crimes, imprisonment as a form of punishment cannot be applied to these women.

It is worth noting that men who are single caretakers of children under three years of age may face imprisonment or alternative punishments like mandatory community service and correctional work. This difference in treatment raises concerns of potential discrimination and questions the principles of equality and justice in the legal system.

Privileges for women and principle of equality

There is a prevailing view that the government provides more benefits to women, which, while positive, should also extend opportunities equally to men in line with the principles of equality enshrined in Uzbekistan’s Constitution. The Constitution guarantees equal rights and freedoms for all citizens without discrimination based on sex, among other factors, and any privileges granted should align with principles of social justice. Kamila Olimova, a chief specialist at the National Center of the Republic of Uzbekistan for Human Rights, emphasizes that social justice encompasses principles such as equality before the law, social security, and meeting the essential needs of the population.

Yet still, this blogpost aruges that specific privileges are warranted for women due to their limited access to education and their disadvantaged position in the workforce when compared to men. Educational opportunities for women are often curtailed by societal pressures promoting early marriages, as illustrated by instances like that of a schoolgirl forced into matrimony. Moreover, data indicates that women face more frequent violations of their rights than men in various contexts, making them more susceptible to abuse and human rights violations. For instance, in 2022, 32,783 women experienced harassment and violence, with over 27,000 incidents occurring within family settings, more than 3,000 on the street, over 1,000 in public spaces, 81 in educational institutions, and 429 at workplaces. Given the comparatively weaker position of women in terms of human rights protection, implementing certain legal privileges for women becomes imperative to secure their equal standing and contribution within society.

Providing affirmative action for women does not contravene constitutional norms as it is rooted in the principle of social justice favoring equality. The State, guided by Article 14 of the Constitution, is mandated to operate based on the principles of social justice and solidarity to promote human well-being and foster sustainable societal development.

Conclusion

This blog post has highlighted the significant benefits and rights that women enjoy in Uzbekistan, particularly in the areas of education, labor, and the criminal justice system. It has also shed light on the prevalent view that women are often granted privileges while men may not receive similar treatment leading to breach of principle of equality. It is crucial to emphasize that granting these privileges to women does not infringe upon men’s rights; rather, it aligns with the prevailing social context in Uzbekistan where women frequently experience abuse and violations of their human rights.

Cite as:  Komron Tursunmurodov, “Affirmative actions: Promotion of Women’s Rights or Social Injustice?”, Uzbekistan Law Blog, 04.07.2024.