Legal response to domestic violence in Tajikistan

Abstract

Upon consideration of the combined initial, second and third periodic report of Tajikistan, the Committee on the Elimination of Discrimination against Women (CEDAW) recommended to Tajikistan to adopt promptly the existing draft law on social and legal protection against domestic violence that will ensure criminalisation of the violence against women and girls, access of victims to relevant social services and protection mechanisms such as protection orders and prosecution of abusers (CEDAW, 2007:2). Similarly, in her mission report after visiting Tajikistan in 2008, Yakin Erturk, the Special Rapporteur on violence against women, its causes and consequences, recommended the following: [to] ‘Adopt Bill on Social and Legal Protection against Domestic Violence, including provisions for protection and restraining orders, and provide adequate funding and instructions to relevant State bodies for its implementation’ (UN Human Rights Council, 2009:25). Indeed, the draft law on social and legal protection against domestic violence has been in place since 2003 when women’s civil society organisations took the initiative to study similar laws and experiences in other countries and developed on this basis a draft law. The draft law had undergone several reviews by international experts in the area to ensure its better compliance with similar legislation, relevant best practices and international standards. It was submitted for consideration to the Government of Tajikistan and the lower chamber of the Tajik Parliament. Nevertheless, it was not adopted due to the following two arguments. The first argument is that the necessary legal norms already exist in the current criminal legislation and those legal mechanisms necessary for prosecution of domestic violence and protection of victims of domestic violence are already embedded in the system. The second reason is economic. The Government argued that due to budgetary constraints, adoption and proper implementation of this draft law will require a substantial allocation from the national budget that is not possible given current budget deficits (see Bhate-Deosthali and Duggal in this volume).