A/HRC/7/10/Add.2 page 7 IV. LEGAL FRAMEWORK ON FREEDOM OF RELIGION OR BELIEF 13. According to article 10, paragraph 3, of the Constitution of Tajikistan, international legal instruments ratified by Tajikistan form an integral part of the national legal system. In the event of a conflict, the norms contained in the international legal instruments apply. Since its declaration of independence in 1991, Tajikistan has ratified seven core international human rights instruments: the Convention on the Rights of the Child (ratified in 1993) and its two Optional Protocols (ratified in 2002); the Convention on the Elimination of All Forms of Discrimination against Women (ratified in 1993); the International Convention on the Elimination of All Forms of Racial Discrimination (ratified in 1995); the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified in 1995); the International Covenant on Economic, Social and Cultural Rights (ratified in 1999); the International Covenant on Civil and Political Rights and its Optional Protocol (ratified in 1999); and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ratified in 2003). Tajikistan has not entered any reservations to these human rights treaties. 14. The right to freedom of thought, conscience and religion is embodied in the Constitution. Under article 26 of the Constitution, everyone has the right, independently, to determine their attitude to religion, to profess either individually or in community with others any religion or none, and to take part in religious services, ceremonies and rites. According to article 8 of the Constitution, public life in Tajikistan is developing on the basis of political and ideological pluralism. No single ideology, including religious ones, may be established as the State ideology. Religious organizations are separate from the State and may not interfere in affairs of State. The establishment and activity of public associations and political parties that encourage racism, nationalism, social and religious enmity and hatred as well as advocate the forcible overthrow of the constitutional State structures and the formation of armed groups are prohibited. 15. Furthermore, the Religion and Religious Organizations Act, adopted on 1 December 1994, spells out the constitutional provisions in more detail. Article 3 of the Act prohibits coercion in any way in respect of the determination of attitudes towards religion, profession of a religion or refusal to profess any, participation or non-participation in religious services, rites or ceremonies or in religious instruction. According to article 5, the State is to encourage mutual tolerance and respect among citizens, whether or not they profess a religion, and among religious organizations of different denominations as well as their members, and suppresses “religious fanaticism and extremism”. Children may be taught religious doctrine and receive a religious education from the age of 7 with the written consent of their parents or guardians, and from the age of 16 and with their consent, in their free time after school. Registered religious organizations are entitled to set up educational institutions, however persons teaching religious education must have the authorization of a clerical directorate. Religious organizations are recognized as legal persons from the moment of registration of their articles of association (statutes). The registration of religious organizations is governed by article 14 of the Act, which requires that at least 10 citizens aged 18 or over submit an application accompanied by the statute to the local authorities in the place where the organization is to be established. The religious associations and administrations, central mosques, monasteries and seminaries established by religious organizations submit their approved statutes to the State Body for Religious Affairs for registration, a controlling, informational, consulting and expert centre which, inter alia, oversees

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