Volume 04 Issue 12-2024
79
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
79-87
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article examines the international legal framework for protecting women's rights and ensuring gender equality,
focusing on its implementation in Uzbekistan. It analyzes key international instruments including CEDAW, the Beijing
Declaration and Platform for Action, the Convention on Political Rights of Women, and the UN Sustainable
Development Goals. The research explores how these international standards have influenced Uzbekistan's national
legislation and policies on gender equality. Special attention is given to challenges in implementing these standards
and potential solutions within the Uzbek context. The study reveals that while Uzbekistan has made significant
progress in aligning its legislation with international standards, certain cultural and institutional barriers remain. The
article concludes that effective implementation of international standards is crucial for strengthening women's rights
and achieving gender equality in Uzbekistan.
KEYWORDS
Women's rights, gender equality, international standards, CEDAW, Uzbekistan.
INTRODUCTION
The protection of women's rights has become a global
priority, with numerous international documents
adopted and monitored by UN prestigious committees
and commissions. These situations require theoretical
analysis and development of preventive measures,
indicating the importance and urgency of women's
rights.
With the establishment of the UN (1945), the struggle
for women's rights became more organized and
purposeful. The UN Charter [1] proclaimed, for the first
time in history, the equality of all people regardless of
race, gender, language, and religion. In 1946, the
Commission on the Status of Women [2] was
established as a subsidiary div of the UN Economic
Research Article
INTERNATIONAL STANDARDS ON WOMEN'S RIGHTS PROTECTION AND
GENDER EQUALITY AND THEIR SIGNIFICANCE FOR UZBEKISTAN
Submission Date:
December 20, 2024,
Accepted Date:
December 25, 2024,
Published Date:
December 30, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue12-14
Umarkhanova Dildora Sharipkhanovna
Doctor of Law, Professor, Uzbekistan
ORCID: - https://orcid.org/0000-0002-3492-010X
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 12-2024
80
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
79-87
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
and Social Council, creating conditions for examining
and resolving human rights issues and studying
women's conditions worldwide.
On December 10, 1948, the UN General Assembly
adopted the "Universal Declaration of Human Rights"
[3]. This document became the primary global
instrument on human rights. Based on the Declaration,
the women's movement began drawing public
attention to various women's issues.
A significant step toward achieving women's equality
was taken on December 18, 1979. On that day, the UN
General Assembly adopted CEDAW (The Convention
on the Elimination of All Forms of Discrimination
Against Women) [4]. This document emerged as the
first and only international instrument broadly
addressing women's political, cultural, economic,
social, and living conditions. Scholars such as Freeman
(2013) [5] and Charlesworth (2015) [6] emphasize that
CEDAW’s
binding provisions mandate transformative
structural reforms, compelling states to embed gender
equality into their legislative and institutional
frameworks.
The creation of this Convention was a pivotal step in
advancing women's human rights. The comprehensive
Convention addresses various forms of discrimination
based on gender and calls for equal rights for women
in all spheres regardless of marital status:
- Politics, economy, social life, culture, and citizenship:
Calls for states to adopt national legislation against
discrimination and implement temporary special
measures to establish equality between men and
women. Recommends changing social and cultural
patterns that perpetuate discrimination.
- Education and employment: Ensures equality in
political and social life, access to education, identical
curricula, and guarantees employment protection
during marriage and motherhood.
The Convention establishes equal rights and
responsibilities for men and women in family life. It
calls for social services, including childcare facilities, to
enable parents to combine family obligations with
work and participation in public life.
Other articles address:
- Healthcare: Eliminating discrimination in healthcare
- Family planning: Equal civil rights for men and women
- Legal documents: States agree to void all contracts
and private instruments restricting women's rights
The Committee on the Elimination of Discrimination
against Women (CEDAW Committee) was established
to analyze implementation. It consists of 23
independent experts who:
- Review reports from member states
- Evaluate national-level implementation
- Analyze implementation data
- Develop general human rights standards protecting
women's cultural, social, economic rights and
freedoms of conscience [7].
According to the Additional Protocol to the
Convention, the Committee's mandate includes:
1. Receiving complaints from individuals and groups
claiming violations of rights under the Convention
2. Initiating investigations in cases of serious or
systematic violations of women's rights [8].
Volume 04 Issue 12-2024
81
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
79-87
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
These procedures are optional and only apply when
ratified by the participating state.
The Convention is not an inexperienced draft treaty. Its
implementation for over forty years demonstrates that
it is a high-quality instrument for guaranteeing
women's rights. The Convention's main purpose is to
eliminate discrimination against women and serve as a
global human rights standard. The Convention has
helped protect fundamental rights and freedoms of
women worldwide.
Significance of CEDAW Convention for Uzbekistan.
The Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW) is one of the
most
important
international
documents
on
protecting women's rights and ensuring gender
equality. Uzbekistan's accession to this convention in
1995 signifies the country's commitment to
international obligations regarding women's rights
protection and gender equality.
CEDAW's core principles serve as key guidelines in
shaping Uzbekistan's policies on women's rights
protection and gender equality.
Uzbekistan joined CEDAW due to:
1. Desire to strengthen its position in the international
arena
2. Commitment to implement democratic reforms and
take on international human rights obligations
3. Need to improve national policy on women's rights
protection and gender equality
4. Desire to change gender stereotypes formed during
the Soviet era
After joining CEDAW, Uzbekistan took important steps
to align its national legislation with Convention
requirements. This was evident in the law on gender
equality, changes to constitutional, labor, criminal, and
educational legislation, the Convention's influence on
Uzbekistan's policies, national strategies and
programs,
institutional
mechanisms,
increasing
women's political participation, expanding women's
economic opportunities, and family relations.
Despite this, Uzbekistan faces several challenges in
implementing CEDAW requirements:
1. Persistent gender stereotypes: Traditional gender
roles remain strong, especially in rural areas
2. Incomplete law implementation: Progressive laws
exist but aren't fully enforced in practice
3. Women's economic vulnerability: Many women,
particularly in rural areas, remain economically
dependent on men
4. Continuing domestic violence: Despite improved
legislation, domestic violence cases still occur
5. Gender gaps in education and career choices:
Women remain underrepresented in certain fields
(e.g., technical areas)
6. Regional disparities: Gender equality achievements
are more prominent in the capital and major cities,
while rural areas lag behind
The CEDAW Convention remains an important tool for
Uzbekistan to strengthen efforts in women's rights
and gender equality, implement international
standards, and enable improvements in women's legal,
psychological, and economic status, strengthening
their role and position in society.
Volume 04 Issue 12-2024
82
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
79-87
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
UN Beijing Declaration and Platform for Action.
The Beijing Declaration and Platform for Action (BPfA)
[9] was adopted by delegations from 189 countries at
the Fourth World Conference on Women in Beijing,
China on September 15, 1995 [10]. This international
declaration affirms and builds upon the Convention on
the Elimination of All Forms of Discrimination against
Women (CEDAW). The BPfA represents a turning point
in the global women's movement and serves as an
"action plan" for implementing women's rights. It
identifies inequality as a major obstacle in fully
implementing issues such as human rights, women's
rights, gender equality, peace and security, and
poverty elimination.
Based on this document, a roadmap was developed
with strategic goals and specific actions to improve
women's situation in each problem area. This allows
governments and other stakeholders to move toward
specific goals.
Although the BPfA is not legally binding, it calls on
governments and other institutions to make firm
commitments and fully implement the designated
roadmap. This enables change through social and
political pressure. However, as Htun and Weldon
(2018) [11] highlight, the BPfA's non-binding nature
requires unwavering political commitment and
sustained advocacy to achieve meaningful outcomes.
Uzbekistan's alignment with BPfA objectives has been
uneven, with rural areas frequently lagging behind
urban centers. Addressing these disparities demands
targeted interventions, such as capacity-building
programs for local governments and partnerships with
international organizations to strengthen policy
implementation. This multifaceted approach can
bridge the gap between policy aspirations and
practical achievements, ensuring that the BPfA's
transformative
potential
is
fully
realized
in
Uzbekistan's socio-cultural context.
Uzbekistan has supported the Beijing Declaration and
Platform for Action. This document is important for
Uzbekistan
in
comprehensively
forming
and
implementing policies on women's rights protection
and gender equality. It serves as a main guideline in
developing national programs and strategies.
Specifically, it served as a foundation for legal reforms.
The BPfA served as an international standard for
improving legislation aimed at ensuring women's
rights and gender equality in Uzbekistan. This
accelerated the process of adopting laws and
regulatory
documents
aimed
at
eliminating
discrimination against women and expanding their
rights and opportunities in the country.
In accordance with BPfA requirements, Uzbekistan
gained opportunities to strengthen the capacity of
state bodies and non-governmental organizations
working on women's rights protection and gender
equality. This creates necessary conditions for
implementing effective gender policies and programs
in the country.
During BPfA implementation, Uzbekistan can
exchange experiences with other countries and
international organizations, receiving financial and
technical assistance. This helps accelerate reforms in
women's rights and gender equality.
Additionally, BPfA activities and programs help raise
public awareness about women's rights and gender
equality in Uzbekistan, helping eliminate gender
stereotypes and strengthen women's position in
society.
The BPfA particularly focuses on increasing women's
economic activity and labor market participation. This
Volume 04 Issue 12-2024
83
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
79-87
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
allows Uzbekistan to strengthen efforts in supporting
women entrepreneurs, expanding women's access to
financial resources, and promoting their professional
development.
The Beijing Declaration and Platform for Action is an
important
document
enabling
Uzbekistan
to
strengthen efforts in women's rights and gender
equality, study and apply international experience.
Through implementing BPfA goals and objectives,
Uzbekistan can achieve:
1. Improved legislation on women's rights and gender
equality
2. Expanded women's participation in economic, social,
and political life
3. Elimination of all forms of violence and
discrimination against women
4. Increased women's access to education, healthcare,
and other social services
5. Elimination of gender stereotypes and formation of
gender equality culture
6. Support for women entrepreneurs and expanded
business participation
7. Increased women's participation in decision-making
processes
8. Strengthened international cooperation on
women's rights and gender equality
Moreover, in implementing the BPfA, it's important for
Uzbekistan to adapt international standards and best
practices while considering national characteristics,
cultural values, and development priorities. This serves
to ensure sustainable development and social justice,
as well as strengthen women's role and position in
society.
Convention on the Political Rights of Women.
The Convention on the Political Rights of Women,
adopted on December 20, 1952, through UN General
Assembly Resolution 640 (VII), is a key international
legal document [12]. It aims to ensure women's
political rights, guarantee their active participation in
society, and promote gender equality.
The Convention is one of the first international treaties
protecting women's rights and marks a significant step
in recognizing and protecting women's political rights.
It serves to expand women's political participation
globally.
Additionally, by ensuring women's political rights, the
Convention
strengthens
democratic
processes,
enables decision-making that considers all segments of
society, ensures social justice, and eliminates all forms
of discrimination. Scholars such as Norris (2004) [13]
argue that political inclusion is not merely a component
of gender equality but a fundamental driver of broader
democratic development. Political representation
allows women to influence policy decisions that
directly impact their rights and opportunities, creating
a ripple effect across various sectors.
By joining this Convention, Uzbekistan demonstrates
its commitment to fulfilling international obligations in
protecting women's rights and ensuring gender
equality. The Convention serves as an international
standard for improving legislation aimed at ensuring
women's political rights in Uzbekistan. Most
importantly, through implementing Convention
requirements, Uzbekistan can expand women's
participation in political life and increase their
involvement in electoral processes.
Volume 04 Issue 12-2024
84
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
79-87
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The Convention is crucial in ensuring gender equality in
public
administration,
helping
achieve
equal
distribution between women and men in government
bodies and elected positions in Uzbekistan. This leads
to:
- Development of political culture
- Decision-making that considers all segments of
society
- Elimination of gender stereotypes related to women's
political activity
- Opportunities for women to demonstrate leadership
potential
Difficulties states may face in implementing the
Convention on Women's Political Rights and ways to
overcome them.
1. Traditional views and stereotypes. Some traditional
views and stereotypes in society hinder women's
political activity. To overcome this, we believe it's
necessary to conduct large-scale educational events
and shape a positive image of women politicians and
leaders through mass media.
2. Family obligations. Many women cannot find time
for political activities due to family obligations. To solve
this problem, it's necessary to expand the network of
kindergartens, implement flexible work schedules, and
promote the idea of equal distribution of family
responsibilities between spouses.
3. Violence and threats. Sometimes women politicians
face violence or threats. This can be primarily
countered by developing mechanisms to ensure the
safety of women politicians and establishing strict
punitive measures for such cases.
4. Insufficient study of international experience. Many
of the above problems arise due to insufficient study of
international experience in ensuring women's political
rights. We can see this primarily in the lack of
strengthened international cooperation, failure to
involve foreign experts, and lack of experience
exchange programs.
The Convention on Women's Political Rights is an
important tool for Uzbekistan in protecting women's
rights, ensuring gender equality, and strengthening
democratic
processes.
Through
effective
implementation of this convention's requirements,
Uzbekistan not only fulfills its international obligations
but also takes an important step toward creating equal
opportunities for all members of society, ensuring
social justice, and achieving sustainable development.
Women's active participation in political life is crucial
for
Uzbekistan's
future
progress,
innovative
development, and achieving a worthy place in the
global community.
Convention on Consent to Marriage, Minimum Age for
Marriage and Registration of Marriages.
In adopting the Convention, States agreed to take all
necessary measures to eliminate outdated traditions,
laws and practices, namely: ensuring complete
freedom in choosing a spouse; completely eliminating
child marriages before the age of maturity and
preliminary arrangements by parents regarding their
daughters' marriages; adopting necessary penalties
where appropriate; and ensuring the establishment of
a civil status registry or other registry where all
marriages would be recorded [14].
In many countries, the mandatory conditions for
marriage are not limited to reaching marriageable age.
By rule, laws contain several conditions that prevent
marriage. Often, marriage between close relatives,
Volume 04 Issue 12-2024
85
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
79-87
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
brothers and sisters is not allowed. At the same time,
polygamy is permitted for men in several countries.
According to the UN Population Division, in the late
1990s, the percentage of men in polygamous
marriages was: 20% in Sudan and Cameroon, 20-25% in
Central African regions Mali and Nigeria, and 40% in
Guinea. In Arab countries, this figure was: 1.9% in Syria,
8% in Egypt, and 11.7% in Kuwait [15].
It is crucial to study and establish marriage conditions
more thoroughly. In many countries around the world,
including Uzbekistan, the number of single-parent
families where children live with only one parent is
increasing.
In developed countries, divorce decisions are typically
implemented in two stages. In the first stage, divorce
is permitted after proving and confirming the fault of
one spouse in the family breakdown (i.e., in cases of
infidelity, cruelty towards spouse and family members,
etc.). Based on whether the husband or wife is at fault
for the family breakdown, the court determines the
legal consequences of divorce: which parent the
children will stay with, who will be obligated to pay
alimony, and so on.
UN Sustainable Development Goals.
The UN Sustainable Development Goals, adopted in
2015, comprise 17 global goals to be achieved by 2030.
Among these goals, Achieving gender equality and
empowering all women and girls is designated as Goal
5 [16].
Goal 5 holds a special place among the SDGs as it
focuses on ensuring gender equality and empowering
all women and girls. This goal aims to eliminate
inequality between women and men in all spheres of
society, protect women's rights, and ensure their
active participation in social life. As noted by Kabeer
(2005) [17], the SDGs signify a paradigm shift by
embedding gender equality as a foundational element
in addressing broader global challenges such as
poverty alleviation, health improvement, and
economic growth. This multifaceted approach
underscores gender equality not only as a goal in itself
but also as a catalyst for sustainable development,
amplifying its importance in national and international
agendas.
Uzbekistan has committed to implementing the
Sustainable Development Goals at the national level.
Goal 5 serves as a crucial direction in shaping and
implementing policies on gender equality and
women's rights protection in Uzbekistan. It serves as a
foundation for developing national strategies and
programs.
In implementing Goal 5, it is important for Uzbekistan
to adapt international standards and best practices
while considering its national characteristics, cultural
values, and development priorities. This serves to
ensure sustainable development and social justice in
the country, as well as strengthen women's role and
status in society [18].
The international standards and documents discussed
above are crucial for protecting women's rights and
ensuring gender equality. They serve as guidance for
states, international organizations, and civil society
institutions.
To improve these directions, the following legal
mechanisms should be established:
1. Improving national legislation: Uzbekistan can
strengthen its legal framework by adopting laws or
making relevant amendments to existing legislation
aimed at ensuring women's rights and gender equality
in accordance with international standards and
documents. This may include measures such as
Volume 04 Issue 12-2024
86
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
79-87
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ensuring gender equality in labor legislation and
adopting special laws on combating domestic violence.
2. Ratification of international treaties: Uzbekistan can
strengthen its commitments by ratifying international
conventions and treaties in the field of women's rights
and gender equality. This ensures the country's
compliance with international legal norms.
3. Monitoring and reporting mechanisms: According to
international standards and documents, Uzbekistan
can implement a system of regular national reporting
on achievements and challenges in women's rights and
gender equality to international organizations. This
allows monitoring progress in this area and taking
necessary measures in a timely manner.
4. Improving judicial practice: Within international
standards and documents, Uzbekistan can ensure
women's right to fair justice by implementing gender
equality principles in the judicial system and training
judges and law enforcement officers on women's
rights issues.
5. Gender expertise: In accordance with international
standards and documents, Uzbekistan can implement
a system of gender expertise for draft laws and state
programs. This ensures that adopted documents
comply with women's rights and interests [19].
By implementing these recommendations, Uzbekistan
can establish a robust framework that not only aligns
with international standards but also ensures tangible
and sustainable advancements in gender equality.
These measures collectively have the potential to
break systemic barriers and empower women across
all sectors of society, paving the way for a more
inclusive and equitable future.
REFERENCES
1.
Charter
of
the
United
Nations,
1945
https://www.un.org/en/about-us/un-charter
2.
The Commission on the Status of Women
https://www.unwomen.org/
3.
Universal
Declaration
of
Human
Rights
https://www.un.org/en/about-us/universal-
declaration-of-human-rights
4.
The Convention on the Elimination of All Forms of
Discrimination
Against
Women
https://www.ohchr.org/en/instruments-
mechanisms/instruments/convention-elimination-
all-forms-discrimination-against-women
5.
A Commentary. The UN Convention on the
Elimination of All Forms of Discrimination Against
Women. Edited by Marsha A. Freeman, Christine
Chinkin, and Beate Rudolf. 2013. Oxford University
Press.
6.
Charlesworth, Hilary, and Emma Larking, eds.
Human rights and the Universal Periodic Review:
Rituals and ritualism. Cambridge University Press,
2015.
7.
UN Office of the High Commissioner for Human
Rights
official
website.
https://www.ohchr.org/ru/treaty-bodies/cedaw
8.
Beijing Declaration and Platform for Action
https://www.un.org/womenwatch/daw/beijing/pd
f/BDPfA%20E.pdf
9.
UN Office of the High Commissioner for Human
Rights
official
website.
https://www.un.org/en/conferences/women/beijin
g1995
10.
Convention on the Political Rights of Women.
https://treaties.un.org/
11.
Htun, M., & Weldon, S. L. (2019). The Logics of
Gender Justice: State Action on Women's Rights
Around the World. Cambridge University Press.
12.
Convention on Consent to Marriage, Minimum Age
for Marriage and Registration of Marriages
Volume 04 Issue 12-2024
87
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
12
P
AGES
:
79-87
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
https://www.refworld.org/legal/agreements/unga/
1962/en/46882
13.
Norris P. Electoral Engineering: Voting Rules and
Political Behavior. Cambridge University Press;
2004.
14.
Human Rights of Women. National and
International Perspectives. P. 398-406.
15.
United Nations Population Fund and United
Nations Children's Fund, Child Marriage and Other
Harmful Practices: A Desk Review of Evidence from
South Asia, UNFPA, Bangkok, 2020. P.18.
16.
UN
Sustainable
Development
Goals.
https://sdgs.un.org/goals
17.
Kabeer, Naila. “Gender Equality and Women’s
Empowerment: A Critical Analysis of the Third
Millennium Development Goal.” Gender and
Development, vol. 13, no. 1, 2005, pp. 13
–
24. JSTOR,
http://www.jstor.org/stable/20053132. Accessed 3
Jan. 2025.
18.
Umarkhanova D. Analysis of the Dynamics of Social
Progress: Employment Prospects in Uzbekistan.
Central Asian Journal of Social Sciences and History
2024, 5(4), 222-226.
19.
UMARXANOVA D.Sh. Ayollarning odil sudlovga
erishish darajasini oshirish: yevropa ittifoqi
mamlakatlari tajribasi va milliy amaliyot // Юрист
ахборотномаси –
Вестник юриста –
Lawyer
herald. № 4 (2024) B. 128
-135.
