The prevention and combating of discrimination in society

What is discrimination and how does it manifest itself?

Discrimination can be defined as the treatment of individuals belonging to a specific group or category in a manner that is less favourable than that accorded to others in comparable circumstances. Individuals may be subjected to discriminatory treatment on the basis of their age, disability, nationality, origin, political opinion, race, religion, gender, language, culture, or other grounds.

Discrimination, which is often the result of people's prejudices, renders individuals powerless, prevents them from becoming active citizens, restricts their ability to develop their skills, and in many cases prevents access to employment, healthcare, education, or housing.

Racial and ethnic discrimination. Racism is defined as a conscious or unconscious belief in the inherent superiority of one race over another.

Gender discrimination. A significant number of countries around the world have laws, regulations, customs and beliefs that infringe upon the rights of women and girls. In addition, women who are pregnant or who have young children may also experience discrimination.

Discrimination on the basis of disability manifests itself in a number of ways, including fewer opportunities than non-disabled persons to enrol in school, get a job, find their own place to live, start a family and raise children, and participate in society.

In order to eradicate discrimination, it is first necessary to address the issue within ourselves. It is of the utmost importance to recognise that all individuals are equal and possess the same rights.

Human Rights in Uzbekistan

Since its inception, Uzbekistan has identified a number of key priorities within its state policy, the foremost of which are the advancement of human rights, the creation of an environment conducive to the free development and realisation of human potential, the provision of equal rights for all citizens, and the protection of individuals against discriminatory practices. Additionally, the well-being of the population has been identified as a crucial objective.

In Uzbekistan, the rights of all individuals, regardless of race, ethnicity, language, religion, or social origin, are enshrined in the Constitution, laws, and other legal and regulatory instruments.

Uzbekistan has consistently acceded to and ratified in excess of 80 international instruments in this area and is taking measures to implement them in domestic legislation and law enforcement practice. In recent years, the Uzbekistan 2030 Strategy, the New Uzbekistan Development Strategy for 2022-2026, the National Human Rights Strategy and more than 50 other concepts and programmes have been implemented.

Concurrently, despite the existence of an extensive legislative and legal framework, discrimination remains one of the most complex problems of the modern world, which is of a global nature and exists in all countries of the world. Those who are victims of discrimination include women, children, persons with disabilities, indigenous peoples, migrants, national minorities and other vulnerable groups of people.

International Cooperation in Combating Discrimination and the Instruments Ratified by Uzbekistan

The international community recognises the need to combat discrimination and has adopted a number of instruments that serve as a basis for the development and implementation of legislation in this area. One of the key documents is the Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948, which states that "all human beings are born free and equal in dignity and rights". The document prohibits any form of discrimination and calls for equal rights and freedoms for all.

According to the Universal Declaration of Human Rights, the peoples of the United Nations recognise their commitment to fundamental human rights, the dignity of the individual, the equal rights of men and women, the promotion of their beliefs, social development and the improvement of the living conditions of society:

- All persons are equal before the law and are entitled without any discrimination to equal protection of the law.

- Everyone has the right to decent pay for work without discrimination.

- Everyone has the right to participate directly in the government of his country through elected representatives.

- Everyone has the right to enter the public service in his or her country.

It is also important to consider the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. The aforementioned instruments recognise the right to equal remuneration for work, as well as the right to education, freedom of thought and expression, conscience and religion, and other fundamental rights.

Additionally, there are instruments that are specifically designed to address specific forms of discrimination. For instance, the UN Convention on the Elimination of All Forms of Racial Discrimination (adopted in 1965) prohibits any form of racial discrimination and establishes measures aimed at its prevention and elimination. The UN Convention on the Elimination of All Forms of Discrimination against Women (adopted in 1979) acknowledges the equality of men and women and requires states to implement measures to eliminate discrimination against women.

The Committee on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women are significant international bodies that address these issues. The committees monitor compliance with the relevant conventions by States parties and provide advice and guidance on combating discrimination.

The Committee on the Elimination of Racial Discrimination (CERD) is the executive body of the United Nations with responsibility for the oversight of the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination.

The Committee on the Elimination of Racial Discrimination is a body of independent experts whose role is to monitor the implementation of the Convention on the Elimination of All Forms of Racial Discrimination by States parties. All States parties are obliged to submit reports on the measures taken in relation to the rights set out in the Convention, as well as on the progress made in ensuring their implementation.

The thirteenth and fourteenth periodic reports of Uzbekistan as a State party were submitted in 2022.

The United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted on 18 December 1979 and entered into force on 3 September 1981. The objective of the Convention is to protect women's rights.

The Committee on the Elimination of Discrimination against Women (CEDAW) is comprised of independent experts who are tasked with monitoring the implementation of the Convention on the Elimination of All Forms of Discrimination against Women. The Committee on the Elimination of Discrimination against Women (CEDAW) is composed of 23 women's rights experts from around the world. The Convention on the Elimination of All Forms of Discrimination against Women serves as a tool that enables women globally to alter their daily lives. In countries that have ratified the Convention, it plays an important role in combating the effects of discrimination, including violence, poverty, lack of remedies, denial of inheritance, property rights and access to credit. All States parties are obliged to submit reports on the measures taken in relation to the rights set out in the Convention, as well as the progress made by the State in ensuring them.

In 2022, Uzbekistan presented its Sixth Periodic Report to the UN Committee on the Elimination of Discrimination against Women (CEDAW), which has now concluded its consideration of the report.

The Committee on the Elimination of Racial Discrimination (CERD) and the Committee on the Elimination of Discrimination against Women (CEDAW) are located in the Department for the Support of the Work of the Human Rights Council and Treaty Bodies of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva, Switzerland.

Furthermore, Uzbekistan is a signatory to and implements the provisions of international instruments aimed at prohibiting discrimination, including: The Convention against Discrimination in Education, the Convention concerning Discrimination in Respect of Employment and Occupation, and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

The International Labour Organization (ILO), the World Health Organization (WHO) and other international bodies play a significant role in combating discrimination. They develop recommendations and standards with the objective of improving the situation of individuals subjected to discrimination and providing countries with the necessary support to implement measures to combat the problem.

The elimination of discrimination in employment and occupation is a central and most important issue addressed by the ILO. This is evident in the Declaration of Philadelphia, which states: "All human beings, regardless of their race, sex, or creed, have the right to pursue material well-being and spiritual development in freedom and dignity, economic security, and equal opportunity."

The elimination of discrimination against citizens on the grounds of nationality, race, ethnicity or religion.

Uzbekistan fulfils its international obligations with regard to non-discrimination against all persons under the jurisdiction of the state. Article 8 of the amended Constitution of Uzbekistan asserts that all citizens of the Republic of Uzbekistan are equal regardless of their nationality.

In accordance with Article 23 of the Constitution, foreign citizens and stateless persons in Uzbekistan are guaranteed rights and freedoms in accordance with the norms of international law. They are subject to the obligations established by the Constitution, laws, and international treaties of the Republic of Uzbekistan.

Article 19 guarantees equal rights, freedom and equality before the law without distinction as to race, nationality, language or religion or any other grounds.

The Labour Code of Uzbekistan incorporates all ILO standards pertaining to equality and the elimination of discrimination in the field of labour and employment.

One of the most significant objectives of the Uzbekistani state is to cultivate a culture of tolerance and humanism, and to reinforce inter-ethnic, inter-confessional and civil concord in society. The legislation provides ample opportunities for the creation of conditions that enable ethnic groups to utilise their languages in everyday life and to preserve and develop their culture, customs and traditions.

The concept of state policy on inter-ethnic relations is being implemented. A variety of media outlets are available in multiple languages, with television and radio programmes broadcast in 12 languages and newspapers and magazines published in more than 10. Approximately 20% of general education schools are taught in seven languages (Uzbek, Karakalpak, Russian, Tajik, Turkmen, Kyrgyz and Kazakh).

A committee on inter-ethnic relations and friendly relations with foreign countries, as well as public councils to ensure inter-ethnic harmony, tolerance and solidarity, have been established to ensure cooperation between state bodies and civil society institutions. In addition, the anniversary of the establishment of the Soviet Union and the award of the Khalklar Dustligi badge have been commemorated.

The Uzbekistani legal system incorporates severe penalties for the infringement of equality among citizens. The Criminal Code provides for a penalty of up to three years' deprivation of liberty for the direct or indirect violation, restriction of rights or establishment of direct or indirect advantages for citizens on the basis of sex, race, nationality, language, religion, social origin, beliefs or personal or social status.

Furthermore, in light of the longstanding history and cultural traditions of the Uzbek people, Parliament is contemplating the Act on amendments and additions to the Criminal Code and the Administrative Liability Code. This Act establishes liability for advocating the superiority or inferiority of citizens on the grounds of their national, racial, ethnic or religious affiliation, and for performing a religious rite of marriage by persons who are not registered with the relevant authorities. 

Prohibition of discrimination under the Labour Code of the Republic of Uzbekistan.

Under the Labour Code, all citizens have equal labour rights and opportunities. No restrictions or privileges may be imposed on the performance and labour results of employees (on the basis of sex, age, race, property and official status, attitude to religion, faith, voluntary associations, etc.). These circumstances are considered discrimination and are inadmissible.

Differences in the field of labour due to the inherent requirements of a given type of labour or the State's special concern for persons in need of increased social protection (women, minors, persons with disabilities, etc.) are not considered discrimination.

A person who has been discriminated against in the field of labour may apply to a court for the elimination of discrimination and compensation for material and moral damage.

Gender equality

In the area of gender equality, 25 legal and regulatory acts have been adopted in recent years. These include two laws and more than 20 presidential decrees and decisions.

The term "women's rights" is used to describe the socio-economic, civil and political status of women. The aforementioned legal instruments are designed to protect women against discrimination on grounds of sex.

Uzbekistan has consistently prioritised the protection and advancement of women's rights. From the earliest days of independence, the fundamental tenets of the state's policy on the prevention of discrimination against women began to take shape. Uzbekistan has ratified the principal international instruments that regulate the principles and standards for the protection of women's rights. In order to ensure women's rights in accordance with international norms and legal standards in this area, the country acceded to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Political Rights of Women, the Convention on Maternity Protection, other international instruments on women's rights, and the Beijing Platform for Action (BPoA) adopted at the Fourth World Conference on Women (Beijing, 1995).

The consistent implementation of legislative and other measures designed to safeguard women's rights, freedoms and interests has enabled women to successfully exercise their rights and freedoms, utilise their knowledge and skills in a range of fields, including business, education, health, science and the public and political spheres. The aforementioned achievements are the result of the legal and regulatory framework established in our country.

The latest version of the Labour Code (updated on 30 April 2023) enshrines the following fundamental principles:

- equality and guarantees of labour rights with inadmissibility of discrimination;

- free labour, social partnership, prohibition of forced labour;

- prohibition of worsening the legal status of workers;

- Guarantees of gender neutrality in labour legislation relating to workers with family responsibilities.

The Family Code has been supplemented by a provision on the possibility of paying alimony in advance for the period until the child reaches the age of majority, including through the provision of immovable or movable property or other things of value. A procedure for the division of property in the event of the dissolution of marriage has been established, guaranteeing the rights of both spouses. The Criminal Code and the Code of Administrative Liability establish penalties for violations of the legislation on the age of marriage.

Over the past few years, national legal mechanisms have been improved to ensure compliance with norms on non-discrimination on the basis of sex. Gender-oriented laws have been adopted, such as "On Guarantees of Equal Rights and Opportunities for Men and Women" and "On the Protection of Women against Harassment and Violence".

In the World Bank's 2023 Women, Business and Law Index, Uzbekistan was ranked among 27 countries that have implemented significant reforms in the area of women's rights and gender equality. Uzbekistan achieved high scores in such components of the index as women's mobility, entrepreneurship and assets. However, on issues of discrimination in the workplace, wages and pensions, and gender parity in child-rearing, Uzbekistan has yet to improve its gender policy.

Further steps to enhance performance and preclude discrimination against women may encompass the following activities:

- The practice of appointing women to senior positions in higher and lower levels of government bodies should be expanded. In government bodies where there is a gender imbalance, ensuring equal representation of women and men by introducing a temporary quota system is recommended.

- Efforts to ensure employment, create decent working conditions and support socially vulnerable and low-income women, especially women from families living in rural areas, should be increased in effectiveness.

- Implementing measures to prevent cases of harassment and violence against women in the family and in the workplace, and eliminating stereotypes in society;

- Increasing Uzbekistan's place in the global rankings of the World Bank's Women, Business and the Law Index, the Gender Inequality Index, the Social Institutions and Gender Index, and the Women's Power Index.

- The active utilisation of high-performance technologies, in particular information and communication technologies, for the empowerment of women.

Persons with disabilities

In recent years, the Government of Uzbekistan has made considerable strides in enhancing the quality of life for individuals with disabilities. In 2018, President Shavkat Mirziyoyev enacted a law on the rights of people with disabilities, which delineates their rights to education, healthcare and employment.

Furthermore, the government has taken steps to enhance accessibility for individuals with disabilities. In 2019, the government established the Commission on Improving Accessibility for People with Disabilities.

The Commission is tasked with the development of policies and programmes designed to enhance the accessibility of public places, transport and buildings.

In 2020, the Uzbek Law on the Rights of Persons with Disabilities was enacted, which stipulates that individuals with disabilities are entitled to the full range of socio-economic and personal rights and freedoms enshrined in the Constitution and other legislative acts of the Republic of Uzbekistan. The discriminatory treatment of individuals with disabilities is prohibited and is subject to legal sanctions.

At the beginning of 2023, 845,300 individuals in Uzbekistan were officially designated as disabled, representing 2.3 per cent of the total population. The highest percentages are observed in Navoi (3.6) and Syrdarya (3.1) provinces, as well as in the Republic of Karakalpakstan (2.9). The total number of individuals with disabilities is significantly higher in rural areas. A total of 313,300 individuals reside in urban areas, while 532,000 reside in rural areas. The total urban and rural populations are comparable in number, with 49.57% of the population residing in urban areas in 2021. Additionally, 142,300 children under the age of 18 and 396,700 individuals up to the age of retirement (55 for women, 60 for men) are disabled. The number of men with established disabilities (475.8 thousand) exceeds that of women (369.5 thousand). (Source: Technical Notes on the Implementation of the Convention on the Rights of Persons with Disabilities, World Bank, 2023)

As a continuously developing member state of the United Nations, Uzbekistan is committed to ensuring the comprehensive and widespread protection of the rights of persons with disabilities within its territory. This is corroborated by the Decree of the President of the Republic of Uzbekistan No. DP-5270 of 01.12.2017. The Decree, entitled "On measures to radically improve the system of state support for persons with disabilities," identifies practical measures to prepare for the ratification of the UN Convention on the Rights of Persons with Disabilities. Furthermore, the Decree provided the impetus for the continued drafting and adoption of the Rights of Persons with Disabilities Act, which was signed by the President on 15 October 2020. This Act entered into force on 15 February 2021 and is intended to replace the Social Protection of Persons with Disabilities Act.

With regard to the organisational measures taken to safeguard the rights of persons with disabilities, it should be noted that the national institutional structure in this area has undergone a radical reform. In particular, the Agency for the Development of Medical and Social Services, attached to the Cabinet of Ministers, and the Interdepartmental Council for Persons with Disabilities have been established. Another significant achievement in this regard was the establishment of the National Agency for Social Protection under the President of the Republic of Uzbekistan.

Furthermore, the government has augmented its financial support for programmes designed to assist individuals with disabilities. These funds have been allocated to vocational training programmes and initiatives that provide financial assistance to families with children with disabilities.

Disability rights issues and areas for improvement:

Despite the progress made in improving the lives of people with disabilities in Uzbekistan, there are still many challenges that need to be addressed. One of the biggest challenges is changing attitudes towards people with disabilities. Many people in Uzbekistan still have negative attitudes towards people with disabilities and view them as a burden on society.

Another challenge is the lack of resources and infrastructure to support people with disabilities.

Although the government has increased funding for programmes to support people with disabilities, there is still a lack of resources and infrastructure to provide adequate support.

There is also a lack of awareness and education about disability in Uzbekistan. Many people do not understand the needs of people with disabilities and are unaware of the laws and policies that protect their rights.