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Uzbekistan 02/03/2020 Uzbekistan further strengthens the rights of the child
Uzbekistan further strengthens the rights of the child

Tashkent, Uzbekistan (UzDaily.com) -- A law enhancing the rights of the child was approved by the Senate of Uzbekistan on 28 February 2020. Its draft was developed by the National Center for Human Rights.

In 2019, the President of the Republic of Uzbekistan adopted a resolution “On additional measures to further strengthen guarantees of the rights of the child”, which became an organic part of the events dedicated to the celebration of the 30th anniversary of the adoption of the Convention on the Rights of the Child.

To achieve the goals specified in the resolution, the National Center for Human Rights developed a draft law "On Amendments and Additions to Some Legislative Acts of the Republic of Uzbekistan in Connection with Further Strengthening Guarantees of the Rights of the Child."

This law amends the Family Code, the Civil Procedure Code, the laws of the Republic of Uzbekistan “On guarantees of the rights of the child”, “On appeals of individuals and legal entities”.

Thus, additions are made to the Family Code, providing that each child has the right to express his opinion when deciding in the family any issue affecting his interests, as well as to be heard during any judicial or administrative proceedings.

At the same time, bodies and officials authorized to make decisions, when resolving issues affecting the interests of the child, should consider the opinion of the child regardless of his age and make decisions based on the best interests of the child. When the parents and the child are separated, the guardianship and guardianship authorities, as well as the child who has reached the age of fourteen, are entitled to initiate a claim for the recovery of alimony for the maintenance of minor children simultaneously with the father and mother.

The Law “On Guarantees of the Rights of the Child” is amended and supplemented, according to which in case of violation of the rights, freedoms and legitimate interests of the child, including failure to fulfill or improper fulfillment by parents (one of them) or persons replacing parents of the maintenance and upbringing duties and the education of the child, or in case of abuse of parental rights, the child has the right to independently apply for protection to the guardianship authority, as well as other state bodies. It is not allowed to leave such appeals without consideration due to the child's failure to achieve full legal capacity.

The Law “On Appeals of Individuals and Legal Entities” is supplemented by an article according to which minors have the right to independently submit appeals on the observance of their rights, freedoms and legitimate interests to state bodies, organizations or their officials in the manner established by this law.

Corresponding changes and additions are made to the Civil Procedure Code, according to which the rights and interests of minors protected by law, that is, citizens aged fourteen to eighteen years, as well as citizens recognized as legally incompetent, are protected in court by their parents, adoptive parents or guardians. However, this does not deprive the right to participate in such cases of minors and citizens recognized as having limited legal capacity.

The new provisions introduced by law contribute to the implementation of articles 12, 13 of the Convention on the Rights of the Child, as well as the Concluding Observations of the Committee on the Rights of the Child on the basis of consideration of the National Reports of Uzbekistan.

The law "On Amendments and Additions to Some Legislative Acts of the Republic of Uzbekistan in connection with the Further Strengthening of Guarantees of the Rights of the Child" was adopted by the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan on February 25, 2020 and then submitted to the Senate for consideration.

In accordance with Article 84 of the Constitution of the Republic of Uzbekistan, a law approved by the Senate of the Oliy Majlis is sent to the President of the Republic of Uzbekistan for signing and promulgation within ten days.

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