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Ministry of Justice

Republic of Tajikistan 

 On March 20, 2015 No. 31

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 18, 2015 No. 1196

About protection of the rights of the child

(as amended on 17-12-2020)

Accepted by the Resolution MH MOPT of January 7, 2015, No. 1723

Approved by the Resolution MM MORT of March 5, 2015, No. 801

This Law determines the legal basis of protection of the rights of the child and the state guarantee of their realization in the Republic of Tajikistan.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- the child - person who did not reach eighteen-year age;

- the handicapped child - the child needing social protection as a result of violation of health with permanent disorder of functions of the organism caused by disease, injury, intellectual or physical defect, which is caused restrictions of its normal activity;

- the orphan child - the child at whom parents, or the single parent died;

- the child, without parental support - the child who was left without care of parents or the single parent, in connection with restriction or deprivation of their parent rights recognition of parents it is unknown missing, the announcement of parents the dead, recognition incapacitated (it is limited by capable), serving by parents of punishment in places of detention, evasion of parents from education of the child or from protection of its rights and interests, including in case of refusal of parents of acceptance of the child from educational and educational or medical institutions, and also left in other cases without parent care;

- the legal representative of the child - parents, adoptive parents, the guardian, the custodian and others, persons replacing them to whom according to the legislation of the Republic of Tajikistan care, training, education, protection of the rights and interests of the child is assigned;

- patronage family (tutor) - family or person which accepted on education the orphan child or the child, without parental support;

- complete state material and social security, orphan children and children without parental support - free providing with the state orphan children and children without parental support, the residence, food, clothes, footwear, money in the form of grants and grants, medical and social attendance and other services;

- medical and social attendance of children - package of measures for servicing of children (social support, rendering medical, pedagogical, psychological and legal assistance, social resettlement of the children who are in difficult vital conditions and employment of such children before achievement of eighteen-year age by them) the companies, organizations and other organizations, irrespective of their forms of business (further - the organizations), and the citizens performing without formation of legal entity business activity on medical and social attendance of children.

Article 2. Legislation of the Republic of Tajikistan on protection of the rights of the child

The legislation of the Republic of Tajikistan on protection of the rights of the child 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.

Chapter 2. State policy on protection of the rights of the child

Article 3. The purpose of state policy on protection of the rights of the child

1. The purpose of state policy on protection of the rights of the child consists from:

- providing rights and legitimate interests of the child and non-admission of their discrimination;

- consolidations of basic guarantees of the rights and legitimate interests of the child, and also recovery of these rights in case of their violation;

- forming of the legal basis of guarantees of the rights and legitimate interests of the child;

- assistance to physical, intellectual, spiritual and moral development of the child, his education in the spirit of patriotism, high feeling of civic consciousness and peacefulness;

- state support, complete state material and social security of orphan children and children without parental support;

- ensuring purposeful activities for forming of outlook and legal culture of the child;

- creations of necessary conditions for education of orphan children and children without parental support, from patronage family (tutor).

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