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G. Situation of women
42. The Government of Tajikistan acknowledged in its initial report to the Human Rights
Committee that a significant constraint on women’s ability to exercise their rights under Tajik
law was the fact that gender stereotypes and religious and traditional customs continued to exert
a powerful influence in society (CCPR/C/TJK/2004/1, para. 47). Furthermore, it has been
reported that traditional stereotypes of the role of women in society are strengthening, especially
in the rural areas of Tajikistan, as evidenced by practices such as polygamy, customary
marriages and early marriages arranged by family members. A large number of women live in
monogamous unions based only on a religious ceremony, which has no legal value. In
polygamous unions, which are not uncommon, second or subsequent wives do not have any
rights to property, inheritance or maintenance. Religious leaders are reportedly complicit in
many cases, for example, by celebrating weddings despite the fact that polygamy and the
marriage of underage girls are illegal and prohibited by law. The legal age of marriage in
Tajikistan has been lowered to 17 years. In rural areas, many girls do not have passports and use
birth certificates for identification purposes. The access of girls to schools has decreased, partly
owing to the preference of sending boys to higher schools.
43. In 2004, the Central Council of Ulemas adopted a recommendation that women should not
participate in Friday mosque prayers and should rather pray at home, since their presence in the
mosque could distract men from performing their religious duties. Subsequently, members of the
Government either made statements in favour of banning women from mosques or indicated that
such a decision was an internal matter of the religious community concerned. The Islamic
Renaissance Party of Tajikistan objected to the decision of the Council, arguing that it violated
the constitutional guarantee of equal rights for women. The Special Rapporteur was informed
that a limited number of mosques had separate entrances and special places for women to pray.
44. All of the Special Rapporteur’s interlocutors emphasized that a robe cloaking the whole
body and head was not the traditional dress in Tajikistan but had been imported from abroad.
The Ministry of Education adopted a special decision on the introduction of a uniform for
schoolchildren, but the authorities stressed that nobody was prevented from obtaining a school
certificate for wearing a headscarf. With regard to requirements for photos on domestic or
international identification documents, the authorities emphasized that the former ban on women
wearing headscarves in such photos had been lifted in 2000, though the entire face had to be
visible in the photograph. According to other reports, in 2004, officials refused to issue passports
to approximately 100 women in Isfara who did not want to be photographed without a headscarf.
H. Conscientious objection
45. Neither the Constitution nor any other domestic legislation recognize the right to
conscientious objection to compulsory military service. The draft law on freedom of conscience
and religious association would even go further in prescribing that nobody be allowed to deviate
from implementing obligations established by law on the grounds of personal religious beliefs.
This would imply that conscientious religious practices must ultimately give way to general
duties imposed by legislation. However, international human rights standards provide that
freedom to manifest one’s religion or belief may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health or morals, or the
fundamental rights and freedoms of others.