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Ministry of Justice

Republic of Tajikistan 

On July 22, 2022 No. 47

LAW OF THE REPUBLIC OF TAJIKISTAN

of July 19, 2022 No. 1890

About equality and liquidation of all forms of discrimination

Accepted by the Resolution of Majlisi namoyandagon of MORT of June 22, 2022, No. 773

Approved by the Resolution of Majlisi milli of MORT of July 15, 2022, No. 286

This Law determines the organizational and legal basis of implementation of the equal rights and opportunities for all persons in the Republic of Tajikistan and installs system of law of the prevention and effective protection against all forms of discrimination.

Chapter 1. General provisions

Article 1. Discrimination

1. Discrimination - any distinction, exception, restriction or preference created on the real and (or) expected bases concerning any physical person and legal entity or group of persons, their relatives or persons related otherwise is also based on signs of race, skin color, origin, floor, language, religion and beliefs, national or ethnic origin, disability, the state of health, age, nationality, look, property status or other circumstance and the purpose or consequence of which deterioration, destruction and (or) derogation of recognition, use or implementation by all persons, as equals bases, all human rights and freedoms is.

2. Discrimination includes all its forms, including refusal in reasonable adaptation. Reasonable adaptation means introduction when it is necessary in specific case, necessary and corresponding changes and modifications, including preventive measures, all human rights and fundamental freedoms which are not becoming disproportionate or unjustified burden for the purpose of ensuring realization by persons on an equal basis with others.

3. The special and temporary measures taken for the purpose of ensuring proper assistance to individuals or group of persons in use or implementation of the rights provided that implementation of such measures are not consequence of investment with the special rights of various groups of persons are not discrimination. The following measures are not considered discrimination on condition of their implementation in the legal purposes and respect for reasonable proportionality between the used means and effective objectives:

1) are result of implementation or acceptance of the temporary special measures directed to non-admission of damage or its compensation to persons which were injured on the signs provided in part of 1 this Article which first of all concern members of vulnerable groups, such as persons with limited opportunities, the representatives of ethnic, religious, ethnic or linguistic minorities, women, children, youth, elderly people and other socially vulnerable persons, persons who were injured during criminal trial, the internal forced displaced persons, refugees and persons who are looking for shelters for the purpose of ensuring their complete participation in all spheres of life;

2) are based on requirements for nationality, on the basis and conditions, stipulated by the legislation the Republic of Tajikistan provided that such provisions do not discriminate any specific nationality.

Article 2. Legislation of the Republic of Tajikistan on equality and liquidation of all forms of discrimination

The legislation of the Republic of Tajikistan on equality and liquidation of all forms of discrimination is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Coverage of this Law

Operation of this Law extends to all government institutions, self-government institutions of settlements and villages, officials, physical persons and legal entities, irrespective of them organizationally - legal form and field of activity.

Article 4. Right to equality and effective protection against all forms of discrimination

1. All are equal in the Republic of Tajikistan before the law and court and have the right to effective protection against all forms of discrimination.

2. Any person or group of persons who consider that they underwent to discrimination have the right to the appeal to judicial and other state bodies behind protection of the rights, and also the right to fair and proper compensation or satisfaction for any damage caused as a result of discrimination.

3. The state guarantees equal and effective legal protection against discrimination and takes measures to promotion of policy and the programs aimed at providing equality and liquidation of all forms of discrimination.

Article 5. Direct and indirect discrimination

1. Discrimination is expressed in direct and indirect forms.

2. Direct discrimination - any address (action or failure to act) or creation of such conditions which when using of the rights established by the legislation of the Republic of Tajikistan lay down or can deliver person in view of any of the signs provided by part 1 of article 1 of this Law in disadvantage in comparison with other persons which are in similar conditions.

3. Indirect discrimination - neutral in form, but the involving disproportionately serious consequences, provisions, bases or practice which put or can deliver person in view of any of the signs provided by part 1 of article 1 of this Law in disadvantage in comparison with other persons which are in similar conditions.

Article 6. Prosecution

1. Prosecution - the undesirable behavior concerning any basis established by this Law, the purpose or of which derogation of advantage of person and (or) creation of the spiteful, destructive, intimidating, hostile, humiliating, offensive or offensive situation is result.

2. Sexual harassment - any form of spiteful, unseemly verbal, nonverbal or physical behavior of sexual nature which is directed or represents insult of honor and advantage of person or creation for it the frightening, hostile, degrading, wounding dignity or offensive situation.

3. Prosecution on workplace - any form of not physical prosecution (harassment) on workplace with the repeating actions which make the degrading impact on person and is aimed by deteriorations in working conditions of the worker or his professional status.

Article 7. Instigation to discrimination

Instigation to discrimination - any behavior by means of which person puts pressure or shows certain behavior for the purpose of discrimination of the third party on the signs established by this Law.

Article 8. Segregation

Segregation - any address (action or failure to act) directly or indirectly leading to separation or distinction of person on the signs established by this Law.

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