A/HRC/37/49/Add.2
that everything is done in the service and security interest of its citizens, the Special
Rapporteur would like to point out that undue interference in the freedom of conscience,
movement or the right to privacy is incompatible with international human rights law.
VI. Equality in relation to gender and sexuality
87.
Gender equality is promoted and guaranteed by the Constitution of Uzbekistan. In
its concluding observations on Uzbekistan in 2015, the Committee on the Elimination of
Discrimination against Women expressed concern at the persistence of deep-rooted
patriarchal attitudes and stereotypes concerning the roles and responsibilities of women and
men in the family and in society, which reflected women’s educational and professional
choices, their limited participation in political and public life, their unequal participation in
the labour market and their unequal status in marriage and family relations. 3
88.
For his part, the Special Rapporteur noted that, while interreligious marriage is
possible, there is discrimination in some matters relating to religion, such as the absence of
public places of worship for women and the regulated dress code, such as wearing the
headscarf.
89.
During the meeting with the Special Rapporteur, the Committee on Women in
Uzbekistan indicated that more and more women were raising their voices as they were
interested in exercising their agency. It stated that many of the recommendations made by
the Committee on the Elimination of Discrimination against Women had been implemented
and the State policy has focused on improving women’s health, empowering their
capacities for employment and upholding women’s rights. The action plan with OHCHR
that was agreed in May 2017 includes the expansion of women’s participation in public
administration and the protection of their rights. In addition, Mahallas in the regions have
established Working Groups on Women, involving at least 76,000 activists, to address
issues relating to women’s rights, especially family matters.
90.
The Special Rapporteur also learned that there is a law that protects the
socioeconomic interests of women as well as draft laws criminalizing non-payment of
alimony and increasing the number of centres that provide support to victims of domestic
violence. He noted that early marriage was prohibited and efforts have been made to
increase awareness among young girls about this. Awards are granted to girls entering
higher education and a financial incentive is given to increase entrepreneurship among
women.
91.
In general, the State does not acknowledge the existence of the lesbian, gay,
bisexual, transgender, intersex community. Public officials rarely talk about the community
and when they do, deep-seated homophobia is expressed. Article 120 of the Criminal Code
criminalizes voluntary sexual intercourse between two male individuals, with imprisonment
of up to three years. The Special Rapporteur also received unconfirmed reports of bullying
and entrapment of lesbian, gay, bisexual, transgender and intersex persons by some law
enforcement officials.
VII. Moving from religious toleration to freedom of religion or
belief
92.
Although the Constitution of Uzbekistan guarantees freedom of religion or belief, in
practice, the manifestation of that freedom is subject to excessive regulations that pit
security against freedom. The approach taken by the Government tends to promote
“toleration” instead of the positive right to enjoyment of one’s freedom. Toleration may be
promoted to maintain interreligious harmony, but it fails to guarantee everyone’s freedom
of religion or belief. The Special Rapporteur acknowledges the absence of religions in the
past, but sees an urgent need to increase literacy with regard to religions and religious
freedom for all, today.
3
16
See CEDAW/C/UZB/CO/5, para. 15.