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against discrimination on religious grounds; and article 27, which provides for the right of
members of religious minorities to profess and practice their own religion. Moreover, the Special
Rapporteur is guided by general comment No. 22 (1993) of the Human Rights Committee, which
interprets the content of article 18 of the International Covenant on Civil and Political Rights.
10. The mandate’s legal framework also includes other human rights international treaties
containing provisions relevant to freedom of religion or belief, including article 13 of the
International Covenant on Economic, Social and Cultural Rights; article 2 of the Convention on
the Elimination of All Forms of Discrimination against Women; article 5 of the International
Convention on the Elimination of All Forms of Racial Discrimination; articles 2, 14 and 30 of
the Convention on the Rights of the Child; and article 12 of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families.
11. The Special Rapporteur is also guided by relevant declarations as well as guidelines by
various United Nations bodies, including the 1981 Declaration on the Elimination of All Forms
of Intolerance and of Discrimination Based on Religion or Belief (1981 Declaration).
Furthermore, the mandate is guided by relevant resolutions of the former Commission on Human
Rights and its successor, the Human Rights Council.
IV. LEGAL FRAMEWORK ON FREEDOM OF RELIGION OR BELIEF
12. Article 5 of the Constitution of 26 September 2008 stipulates that laws and other legal acts
contradicting the Constitution have no juridical force. Furthermore, according to article 6,
Turkmenistan recognizes the precedence of generally recognized norms of international law.
Since its independence in 1991, Turkmenistan has acceded to several core international human
rights instruments:3 the Convention on the Rights of the Child (acceded in 1993) and its two
Optional Protocols (acceded in 2005); the International Convention on the Elimination of All
Forms of Racial Discrimination (acceded in 1994); the International Covenant on Economic,
Social and Cultural Rights (acceded in 1997); the International Covenant on Civil and Political
Rights (acceded in 1997) and its two Optional Protocols (acceded in 1997 and 2000); the
Convention on the Elimination of All Forms of Discrimination against Women (acceded in
1997); the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (acceded in 1999); and the Convention on the Rights of Persons with Disabilities
(acceded on 4 September 2008).
13. The right to freedom of thought, conscience and religion is embodied in the Constitution of
Turkmenistan. According to its article 11, the State guarantees freedom of religions and
confessions and their equality before the law. There is a separation between State and religion;
religious organizations may not interfere with State matters or perform State functions. The State
educational system is separate from religious organizations and is of a secular nature. In
addition, everybody has the right to independently determine his/her attitude toward religion,
to profess individually or with others any religion or not to profess any religion, to express and
3
Turkmenistan has not entered reservations or made declarations with respect to any of these
human rights treaties with the exception of the Optional Protocol to the Convention of the Rights
of the Child on the Involvement of Children in Armed Conflict.