Turkmenistan - Committee on Economic, Social, and Cultural Rights - Gender-Based Violence
Country: Turkmenistan
Issues: Gender-Based Violence, Women's Rights
Mechanism: UN Committee on Economic, Social and Cultural Rights
Report Type: Shadow/Parallel Report
In Turkmenistan, gender-based violence (GBV) is visible as there are minimal protections for domestic violence victim-survivors and restrictive access to abortion services. From a legal standpoint, the State has failed to secure women’s rights. On the one hand, the Criminal Code does not effectively criminalize and address domestic violence while it has succeeded in implementing regulations on the access to abortion services. Turkmenistan’s inability to protect women’s fundamental rights to safety and bodily autonomy reinforces cycles of violence and control over women.
Turkmenistan’s limited response to victim-survivors of domestic violence is a result of persisting legal and societal barriers. Under the existing legal provisions, victim-survivors are left vulnerable to the decisions made by law enforcement and judicial officials, who often opt from punishing their perpetrators. As a result, victim-survivors lose their trust in the governmental authorities and decide not to report their aggressor based on the premise that the intended outcome to obtain justice will not be secured. Often, the outcome for these victim-survivors is that they will be stigmatized as immoral or punished by their aggressor once they reveal their victim status. These fears based on reality discourage victim-survivors from seeking out resources, services, or support that would otherwise give them protection.
Turkmenistan’s abortion laws are also very restrictive, as there is a five-week window to perform legal abortions without the need to obtain medical advisory approval. Beyond this timeframe, these abortion regulations do not clearly define the criteria that would allow an individual to access abortion services after the five-week pregnancy mark. These ambiguous regulations are problematic, as they leave medical professionals vulnerable to penalties if their judgment does not align with the State’s interpretation, which is further reinforced by punitive legislation aimed at deterring them from providing abortion services, especially when performed outside designated state facilities. Additionally, Turkmenistan's restrictive stance on abortion is evident in the insufficient number of reproductive health clinics available to meet the needs of women seeking these services. These restrictive laws, unclear regulations, and insufficient healthcare facilities highlight the significant barriers women encounter when seeking to exercise their reproductive rights.
Progres Foundation (“Progres”) and The Advocates for Human Rights (“The Advocates”) have received direct information about gender-based violence and restrictive reproductive freedom from individuals in Turkmenistan. Progres’ allies in Turkmenistan confirm that domestic violence and abortion restrictions are having a negative impact on the well-being of women across the country. Based on the research and our partnerships, it is evident that Turkmenistan’s legal system and policies have failed to adequately protect women from violence, with these systems often exacerbating human rights violations.
