of March 1, 2005 No. 89
About the state guarantees of equality of men and women and equal opportunities of their realization
This Law governs the relations on providing the constitutional guarantees of equality of men and women in social, political, cultural, and also in any other sphere, is directed to prevention of discrimination on the basis of floor and establishes the state guarantees of equal opportunities to persons of different floor.
In this Law the following basic concepts are used:
- gender, gender - the social relations between men and women who are shown in all spheres of public life, including the rights, ideology and culture;
- gender policy - the state, public work aimed at providing equality in relations between men and women;
- equality - equal rights, obligations and responsibility of men and women to the Law;
- gender equality - the equal legal status of women and men and equal opportunities for its realization allowing persons of both sexes to develop freely the potential capabilities, to develop skills for participation in political, economic, social and cultural development and development of its achievements;
- equal opportunities - practical providing equal conditions for realization by men and women of the rights according to the Constitution of the Republic of Tajikistan, the laws of the Republic of Tajikistan, and also the commonly accepted principles and rules of international law;
- discrimination - any distinction, exception or restriction on basis of sex which is directed to easing or nullifies recognition of equality of men and women in political, economic, social, cultural or any other sphere.
The legislation of the Republic of Tajikistan on the state guarantees of equality of men and women and equal opportunities of their realization is based on the Constitution of the Republic of Tajikistan, consists of this Law, other regulatory legal acts, and also the international legal acts recognized by the Republic of Tajikistan.
Discrimination of the rights of men and women is forbidden. Violation of the principle which is the cornerstone of gender equality (carrying out state policy, making of other actions which put men and women in unequal position based on floor), is considered discrimination and is subject to elimination in cases and the procedure established by this Law.
Are not discrimination:
- special measures on health protection of persons of both sexes;
- special protection of women in connection with pregnancy and childbirth;
- measures for realization of provisions of this Law.
Public authorities within their competence shall:
- perform gender education of government employees of all bodies, using system of preparation and retraining of personnel of the state apparatus;
- promote implementation of equal opportunities of men and women, including by acceptance of regulatory legal acts, creation of procedures and carrying out other specific measures, including elimination of the reasons and conditions interfering implementation of authentic equality;
- develop and implement the special programs directed to elimination of discrimination based on floor in life;
- include in the state programs of measure aimed at providing constitutional rights of citizens and strengthening of stability of society in regional plans of actions for development of the social sphere, along with others, and also measures for ensuring gender equality.
The state guarantees equal participation of men and women in government. The state provides equal representation of men and women in legislative, executive and judicial branches of the government via legal, organizational and other mechanisms.
Organizations of science and education of all patterns of ownership shall:
- provide equal conditions for men and women in receipt of the main general, secondary professional and higher education, all types of professional training and advanced training for participation in implementation of educational and scientific process;
- enter special training gender courses, promote development of researches on questions of sexual equality, promote gender education of citizens;
- use the training programs and textbooks excluding promotion of discrimination based on floor;
- create preferential terms for girls of mountainous areas, the rural zone in case of their receipt and further study in the highest and average professional educational institutions.
Operations of this article extend also to processes of education and advanced training in military educational institutions.
In case of employment, job development, professional training, establishment of the modes of work, and also dismissal of workers, including government employees, requirements of the legislation concerning the rights and guarantees to persons of both sexes with family obligations shall be considered.
The employer shall have system of retraining and advanced training for workers of both sexes including especially in connection with the breaks permitted by the legislation in labor activity, the birth and education of children, passing of conscription service to armies, accomplishment of other state obligations.
The electoral system in the Republic of Tajikistan provides equal suffrages, their guarantees for men and women for participation in political process.
When forming structure of the Central commission on elections and holding referenda, regional, city, district, district and local electoral commissions, it is necessary to be guided by the constitutional principle of the equal rights and equal opportunities of men and women,
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