The Constitution of Uzbekistan prohibits all forms of discrimination and provides for equal rights for men and women. In reality, a very strong patriarchal tradition affects the role of women within the family and in society in general. Uzbekistani women face discrimination in many areas including forced marriage, early marriage and polygamy. Moreover, the resurgent nationalist movement has reinforced traditional gender stereotypes. Fewer than three-quarters of Uzbekistani women believe they have the same rights as men.
The Uzbekistani Family Code, adopted in 1998, does not sufficiently protect women’s rights. The country has a system of Neighbourhood Committees that deal with day-to-day family matters, but these committees have no legal authority. Moreover, they can be obstacles to women’s rights: for example, women may face major difficulties obtaining a divorce if their local Neighbourhood Committee has not given its consent.
The minimum legal age for marriage in Uzbekistan is 17 years for women and 18 years for men, but special dispensation can be granted up to one year before this limit if there are “valid reasons or exceptional circumstances”. Early marriage is common: a 2004 United Nations report estimated that 13 per cent of girls between 15 and 19 years of age were married, divorced or widowed. The long-standing tradition of paying a dowry prevails, but nowadays the amount paid is largely symbolic.
Polygamy is prohibited by the Uzbekistani Penal Code and when practised in a single home is punishable by three years of imprisonment. The Committee on the Elimination of Discrimination against Women (CEDAW) reports that this wording is confusing as it suggests polygamy is authorised when practised in more than one home. It appears that the number of polygamous families is rising in Uzbekistan, but there are no statistics available to confirm this.
Men are generally considered to be the heads of families in Uzbekistan. In more than half of households, husbands alone decide about important expenses. In the event of divorce, the courts traditionally award custody to mothers, but impose certain restrictions. In regard to parental authority, fathers are considered to be “natural guardians” of their children and can appeal against a custody decision. They may also win custody if the mother lives far away.
There are no reported restrictions on the inheritance rights of women Uzbekistan.
Much progress is needed to better protect the physical integrity of women in Uzbekistan. Violence against women is punishable by law, but has wide social acceptance, even among women. Domestic violence is not specifically covered in the Penal Code and is, as a result, quite common. Moreover, there are few convictions because the police often discourage victims from pressing charges against their husbands. There is a high incidence of suicide among women who have suffered domestic violence, but as most cases are not recorded it is very difficult to assess the scope of this issue. In certain cases, Neighbourhood Committees may step in to settle disputes between spouses. The government is in the process of preparing new legislation in relation to violence against women.
Rape is punishable by law in Uzbekistan and spousal rape is specifically prohibited, but no man has ever been convicted for raping his wife. Cultural norms often discourage victims of sexual violence from speaking out.
Female genital mutilation is not a common practice in Uzbekistan. Some independent newspapers and human rights associations report other related concerns, including that hospitals sometimes perform hysterectomies or doctors implant contraceptive devices without the woman’s consent. The authorities say such operations were carried out on medical grounds, but NGOs believe it is more a case of hospitals or doctors carrying out unnecessary procedures.
There is no evidence to suggest that Uzbekistan is a country of concern in relation to missing women.
Thanks to recent legislative advances, Uzbekistani law now grants women the same ownership rights as men. However, women still face numerous obstacles that undermine these rights. For example, couples can sign marriage contracts that guarantee the fair division of joint property in the event of divorce, but divorce courts sometimes disregard these contracts and ignore the woman’s rights.
Current legislation has officially removed all legal obstacles that previously prevented Uzbekistani women from owning property, yet the proportion of women who actually have access to land is relatively low. The situation may improve now that women can obtain long-term loans and have more equitable inheritance rights. The law also unconditionally recognises the right of all individuals to benefit from the fruits of their own labour.
Women and men have equal rights to access to property other than land. It appears, however, that the rights of married women are insufficiently protected, particularly in the event of divorce.
Uzbekistani law guarantees the right of women to have access to bank loans. Due to the difficulties they face when seeking loans from formal lending institutions, a significant percentage of women rely instead on micro-credit programmes.
Uzbekistani legislation promotes women’s civil liberties, but tradition preserves a legacy of discrimination. There are no legal restrictions on women’s freedom of movement, but nearly one-third of Uzbekistani women need permission from their husbands (or other male family members) to go to the market, see a doctor or visit a neighbour alone.
There are no reported restrictions on Uzbekistani women’s freedom of dress. Under the 1998 Law on Freedom of Conscience and Religious Organisations, Uzbekistanis (both men and women) are prohibited from wearing religious clothing in public, unless they work for a religious organisation.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discri¬mination against Women: Uzbekistan, Combined Second and Third Periodic Reports of States Parties, CEDAW/C/TTO/1-3, CEDAW, New York, NY.
DHS (Demographic and Health Surveys) (2002), Uzbekistan Health Examination Survey, 2002 (English), Analytical and Information Center, State Department of Statistics, and ORC Macro, Calverton, MD, www.measuredhs.com/pubs/pub_details.cfm?ID=457&srchTp=advanced.
FAO (Food and Agriculture Organization), IFAD (International Fund for Agricultural Development), ILC (International Land Coalition) (2004), Rural Women’s Access to Land and Property in Selected Countries: Progress Towards Achieving the Aims of the Convention on the Elimination of All Forms of Discrimination against Women, FAO Gender and Population Division, IFAD Technical Advisory Division, and ILC, Rome.
HRW (Human Rights Watch) (1999), Laws and Rules Regulating Religious Attire, HRWNew York, NY, available at: http://199.173.149.140/reports/1999/uzbekistan/uzbek-03.htm
International Helsinki Federations for Human Rights (2005), Uzbekistan: Women Human Rights Defenders Being Forcibly Detained in Psychiatric Hospitals, International Helsinki Federations for Human Rights, Vienna.
JICA (Japan International Cooperation Agency) (2005), Uzbekistan: Country Gender Profile, JICA, Tokyo, www.jica.go.jp/english/global/gend/back/pdf/e05uzb.pdf.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Uzbekistan, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
Sustainable Development Policy Institute (n.d), Custody of Children, available at www.sdpi.org/networking/know%20you%20rights/Custody%20of%20Children.htm, accessed 5 may 2008
