A/HRC/55/47/Add.1 law or restriction, indicating that wearing those particular types of head covering was “not our custom” and emphasizing the need to maintain Tajik traditions and customs. Reports confirm that regulations concerning wearing the hijab are enforced, although enforcement is stricter or more lenient depending on the period of the year. Enforcement also differs in different parts of the country. This runs counter to the protection of the freedom to manifest one’s religion or belief. 59. The Ulama Council has issued a fatwa requiring women to pray at home and not attend mosques.17 Explanations provided during the Special Rapporteur’s visit varied from “it is not our custom as Hanafi Sunni Muslims” to “since children are not allowed in mosques, women stay at home to look after them”. Irrespective, it is not possible for women to pray in mosques, although they can enter mosques as visitors outside prayer times. An exception is the case of Ismaili jama’at khaneh, where women and men pray alongside one another in separate columns. However, as indicated above (para. 31), the large-scale closure of jama’at khaneh left only three such establishments in Tajikistan. D. Children and young people 60. The Special Rapporteur notes that the authorities indicated that concern about children and young people being attracted to extremism and terrorism is given as justification for three prohibitions: (a) boys aged under 18 years may not enter mosques;18 (b) no persons aged under 18 years may participate in any religious ceremonies apart from funerals; and (c) children may not receive any religious education outside the home or from their parents. The only exceptions are that children may receive religious education in specific places licensed for that purpose by the State Committee for Religious Affairs, by a person licensed to provide such education and with the explicit permission of both parents. Central district mosques and grand mosques may operate madrasas that are open only to high school graduates. However, as indicated above (para. 41), there are currently no madrasas operating in the country because none has met the Ministry of Education’s requirements regarding the authorization of the religious organization, approved qualified teachers and an approved curriculum. 61. The result is severe control of children’s freedom of religion or belief. Freedom of religion or belief is for everyone, including children (everyone under the age of 18). The Convention on the Rights of the Child provides that States parties must “respect the right of the child to freedom of thought, conscience and religion” (art. 14). It provides for only the same limitations on that right as those recognized in article 18 (3) of the International Covenant on Civil and Political Rights. The Convention on the Rights of the Child also explicitly recognizes the importance of children’s spiritual well-being and development (arts. 17, 23 (3), 27 (1) and 32 (1)). Those rights and freedoms are reinforced by the recognition of the right of parents and legal guardians to ensure the religious and moral education of their children in conformity with their own convictions and to provide direction in that regard.19 In Tajikistan, that right has effectively been reduced to the provision of such direction in private homes by the child’s parents or legal guardians, and even then only if the children express a desire to learn, as was emphasized by the State Committee for Religious Affairs. This weighs particularly heavily on persons belonging to religious and belief minorities, as their ability to maintain their culture and religion is even more challenged by such limitations. 62. During the Special Rapporteur’s visit, some interlocutors expressed serious concern that the restriction on religious education, particularly Islamic education, forces it underground. It has the counterproductive effect of pushing those with curious minds towards the Internet, risking making them more prone to violent extremism and terrorism than if the matter were dealt with openly. The authorities express concern about Tajiks who have become attracted to terrorism abroad and list the countries where they have committed 17 18 19 12 Fatwa 9 of 17 August 2004. Act on Parental Responsibility for the Education and Upbringing of Children. International Covenant on Civil and Political Rights, art. 18 (4), and Convention on the Rights of the Child, art. 14 (2). GE.24-00093

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