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Ministry of Justice

Republic of Tajikistan

 On February 2, 2017 No. 47

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of January 25, 2017 No. 29

About Regulations on the commissions on the child's rights

According to articles 12 and 28 of the constitutional Law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan" the Government of the Republic of Tajikistan decides:

1. Approve Regulations on the commissions on the rights of the child it (is applied).

2. Declare invalid Item 2 of the order of the Government of the Republic of Tajikistan of August 1, 2008, No. 377 "About ensuring protection of the rights of the child".

Prime Minister of the Republic of Tajikistan
Emomalii Rahmon

Approved by the order of the Government of the Republic of Tajikistan of January 25, 2017 No. 29

Regulations on the commissions on the child's rights

1. General provisions

1. The regulations on the commissions on the child's rights (further - this Provision) establish bases of the organization and activities of the commissions on the child's rights.

2. The commissions on the rights of the child are created for the purpose of comprehensive protection of the rights and legitimate interests of the child, including orphan children and without care, children who need government assistance and solutions of the most difficult questions connected with observance and protection of the rights and interests of the child, rendering legal, public, financial and other aid to the families having children to the children who are in the conflict with the law and provide coordination of activities of the central and local executive bodies of the government, public authorities, self-government institutions of settlements and dekhot, the companies, organizations and other organizations in this direction.

3. The commissions on the rights of the child consist of the Commission under the Government of the Republic of Tajikistan by the child's rights (further - the National commission on the child's rights) and the commissions on the rights of the child of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, the cities and areas (further - the local commissions on the child's rights).

4. Activities of the commissions on the rights of the child are based on the following principles:

- legality;

- ensuring the best interests of the child;

- recognition and respect of the rights of the child;

- humane attitude towards the child;

- ensuring confidentiality of information;

- family support and interaction with it in questions of protection of the rights and the interests of the child protected by the law;

- common and equal responsibility of parents in training and education, and also in development and enhancement of the child; responsibility of parents, other legal representatives, officials and citizens for violation of the rights and legitimate interests of the child.

5. Main objectives of the commissions on the child's rights:

- protection of the rights of the child, rendering the help in recovery of the violated rights, in protection of its rights and legitimate interests in all spheres of activity to him;

- organization of control of provision to the child of proper conditions of keeping, training, education, health protection, social security and other social services;

- creation of proper conditions for all-round development of the children who are needing the state protection and brought up in dysfunctional and conflict families;

- the social device of the children who appeared in difficult life situation;

- coordination of activities of the interested bodies for accomplishment of the legislation for protection of the rights and interests of the child;

- taking measures to ensuring protection of the child, from physical, sexual, psychological and other forms of violence, from involvement of the child in illegal actions and behavior, such as use of drugs, the stupefying substances, alcoholic drinks, occupation vagrancy or begging, and also other immoral and antisocial actions violating the rights and legitimate interests of other persons which are not crime or administrative offense;

- participation in the organization of work on identification of ill treatment of the child, the neglected and street children, parents, guardians, custodians, other legal representatives (further - legal representatives) who are not carrying out obligation on content, training and education of the child or negatively influencing his behavior, accounting of faces of such persons; the analysis of the reasons and conditions promoting violation of the law about protection of the rights and interests of the child, and also the reasons and conditions promoting neglect, homelessness and offenses of children;

- taking measures to coordination of the questions connected with observance of conditions of education, training, content of the child, and also the treatment of the child in organizations of system of prevention of neglect and offenses of minors;

- consideration difficult, the matters of argument connected with observance and protection of the property and personal non-property rights and legitimate interests of the child;

- consideration of materials concerning minors which before achievement of age from which there comes legal responsibility made acts against precepts of law, morals and antisocial actions;

- according to established procedure ensuring implementation of the Law of the Republic of Tajikistan "About responsibility of parents for training and education of children";

- other tasks provided by the regulatory legal acts of the Republic of Tajikistan, the international legal acts recognized by Tajikistan, and also this Provision.

6. The commissions on the child's rights in the activities are guided by the Constitution of the Republic of Tajikistan, the laws and other regulatory legal acts of the Republic of Tajikistan, the international legal acts recognized by Tajikistan, and also this Provision.

2. National commission on the child's rights

7. The national commission on the rights of the child is permanent interdepartmental body which coordinates activities of the central executive bodies of the government, of local executive bodies of the government, self-government institutions of settlements and dekhot, the companies, organizations and other organizations for execution of the international obligations of the Republic of Tajikistan in the field of the rights of the child and within the powers realizes state policy on providing the rights and interests of the child and regulates the questions connected with training and education of children.

8. The national commission on the rights of the child is formed by the Government of the Republic of Tajikistan which determines its quantity and structure.

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