Protection of children against violence to be strengthened: what will the new law change?
An important law aimed at toughening liability for violence against children has been adopted in Uzbekistan. On September 30, the Legislative Chamber approved the document in the second reading, and it was sent to the Senate for further review. This means the new norms have not yet entered into force, but the draft law provides for a number of serious changes regarding children's safety.
One of the biggest updates is the introduction of penalties of up to 25 years or life imprisonment for certain particularly grave sexual crimes committed against children under the age of 14. At the same time, mechanisms for protecting victimized children during investigation and court proceedings are also being strengthened.
Penalties for crimes against children under 14 to be toughened
The draft law envisages making relevant amendments to the Criminal Code.
Accordingly, it is stipulated that crimes such as rape or sexual gratification with a person of the same sex using violence against children under the age of 14 shall be punishable by up to 25 years of imprisonment or life imprisonment.
Along with this, it is established that exempting a person from liability or punishment due to the expiration of the limitation period for prosecution or execution of sentence for certain crimes against a child's sexual freedom will not be permitted.
Repeated interrogation of child victims to be prevented
The draft law pays special attention not only to toughening penalties, but also to protecting the procedural rights of children who have fallen victim to violence.
In particular, it is established that the interrogation process of a minor victim or witness must be recorded on video.
Furthermore, it is stipulated that the confrontation of a child with a suspect, accused person, or defendant will be carried out under a special procedure. Norms ensuring the participation of a guardianship and trusteeship authority representative in this process are also being improved.
Legal assistance to be provided to children at state expense
Another important change is the establishment of a mechanism for providing legal assistance at the state expense to children who are victims of violence or have witnessed such cases.
That is, an appropriate legal mechanism is being created so that the opportunity to use legal assistance to protect a child's rights does not depend on the financial capabilities of their family.
This norm is particularly important in terms of professionally protecting the interests of the child during investigation and court proceedings regarding cases of violence.
What measures will be taken against an employee who commits violence against a child?
The draft law also provides for measures aimed at ensuring children's safety in educational institutions.
In particular, norms are introduced aimed at toughening the liability of individuals who commit violence against children and increasing the accountability of responsible organizations and officials.
The information you cited also notes the norm on the immediate termination of the employment contract with an employee of an educational institution. It will be appropriate to evaluate this issue based on the official text following the Senate's review of the final wording and adopted norms of the law.
Restrictions on crimes resulting in the death of a child
The draft law also envisages restricting the application of certain leniencies for intentional crimes that result in the death of a child.
In particular, certain rules regarding suspended sentences and early conditional release will be restricted.
These norms are aimed at strengthening the inevitability of liability for grave crimes against children.
Has the law entered into force now?
No. It is important to emphasize this aspect specifically.
On September 30, the Legislative Chamber adopted the draft law in the second reading. The document was sent to the Senate. Therefore, it is currently incorrect to interpret the above new norms as effective legislation.
The law may enter into force only after being reviewed by the Senate in the established manner and passing subsequent legal procedures.
Main changes in brief
certain particularly grave sexual crimes against children under the age of 14 will be punishable by up to 25 years or life imprisonment;
the interrogation process of minor victims will be mandatory to record on video;
the confrontation of a child with a suspect, accused person, or defendant will be conducted under a special procedure;
a mechanism for providing legal assistance at the state expense to children who are victims or witnesses of violence is being established;
measures are being introduced to strengthen liability and the inevitability of punishment for certain grave crimes against children.
A new stage in child safety
The new draft law is not limited only to aggravating penalties. It also encompasses mechanisms aimed at protecting the rights of child victims of violence during investigation and court proceedings, providing legal assistance, and preventing such cases.
From this perspective, the main goal of the document is, along with assigning punishment after violence against a child has been committed, to strengthen the system of protecting the rights and interests of the victimized child at all stages of the process.
The future fate of the law will depend on discussions in the Senate and established legal procedures.
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