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Accessing Economic and Social Rights in Uzbekistan: an Analysis of Selected Laws and Practices Accessing Economic and Social Rights in Uzbekistan: An Analysis of Selected Laws and Practices 1 Composed of 60 eminent judges and lawyers from all regions of the world, ICJ Commission Member the International Commission of Jurists promotes and protects human rights April 2021 (for an updated list, please visit: www .icj .org/commission) through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems . Established in 1952 and active on the fi ve continents, the ICJ aims to ensure the progressive development and eff ective implementation of international President: human rights and international humanitarian law; secure the realization of Prof . Robert Goldman, United States civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession . Vice-Presidents: Prof . Carlos Ayala, Venezuela Justice Radmila Dragicevic-Dicic, Serbia ® Accessing Economic and Social Rights in Uzbekistan: An Analysis of Execurive Committee: Selected Laws and Practices Justice Sir Nicolas Bratza, UK Dame Silvia Cartwright, New Zealand © Copyright International Commission of Jurists, 2021 Ms Roberta Clarke, Barbados — Canada (Chair) Mr Shawan Jabarin, Palestine Ms Hina Jilani, Pakistan The ICJ permits free reproduction of extracts from any of its publications Justice Sanji Monageng, Botswana provided that due acknowledgment is given and a copy of the publication Mr Belisá rio dos Santos Jú nior, Brazil carrying the extract is sent to its headquarters at the following address: Other Commission Members: International Commission of Jurists Professor Kyong-Wahn Ahn, Republic of Korea Justice Charles Mkandawire, Malawi P .O . Box 1270 Justice Chinara Aidarbekova, Kyrgyzstan Justice Yvonne Mokgoro, South Africa Rue des Buis 3 Justice Adolfo Azcuna, Philippines Justice Tamara Morschakova, Russia 1211 Geneva 1 Ms Hadeel Abdel Aziz, Jordan Justice Willly Mutunga, Kenya Mr Reed Brody, United States Justice Egbert Myjer, Netherlands Switzerland Justice Azhar Cachalia, South Africa Justice John Lawrence O′Meally, Australia Prof Miguel Carbonell, Mexico Ms Mikiko Otani, Japan www .icj .org Justice Moses Hungwe Chinhengo, Zimbabwe Justice Fatsah Ouguergouz, Algeria Prof Sarah Cleveland, United States Dr Jarna Petman, Finland Justice Martine Comte, France Prof Mó nica Pinto, Argentina This publication was produced with the fi nancial support of the European Union. Mr Marzen Darwish, Syria Prof Victor Rodriguez Rescia, Costa Rica Its contents are the sole responsibility of the International Commission of Mr Gamal Eid, Egypt Mr Alejandro Salinas Rivera, Chile Jurists (ICJ) and do not necessarily refl ect the views of the European Union. Mr Roberto Garretó n, Chile Mr Michael Sfard, Israel Ms Nahla Haidar El Addal, Lebanon Prof Marco Sassoli, Italy — Switzerland Prof Michelo Hansungule, Zambia Justice Ajit Prakash Shah, India Ms Gulnora Ishankhanova, Uzbekistan Justice Kalyan Shrestha, Nepal Ms Imrana Jalal, Fiji Ms Ambiga Sreenevasan, Malaysia Justice Kalthoum Kennou, Tunisia Justice Marwan Tashani, Libya Ms Jamesina Essie L King, Sierra Leone Mr Wilder Tayler, Uruguay Prof Cé sar Landa, Peru Justice Philippe Texier, France Justice Ketil Lund, Norway Justice Lillian Tibatemwa-Ekirikubinza, Uganda Graphic Design: Eugeny Ten Justice Qinisile Mabuza, Swaziland Justice Stefan Trechsel, Switzerland Justice José Antonio Martí n Pallí n, Spain Prof Rodrigo Uprimny Yepes, Colombia Prof Juan Mé ndez, Argentina 2 Accessing Economic and Social Rights in Uzbekistan: An Analysis of Selected Laws and Practices Contents Introduction . 5 Chapter I. The General Framework for the Protection of International Law and Economic, Social and Cultural Rights in Uzbekistan . 9. International Obligations of States in realization of ESC rights . 9 . International law and the national legal system of Uzbekistan . 10 Access to Justice for Economic, Social and Cultural Rights . 13 Access to justice and effective remedies for ESC rights violations in international law . 13 Access to justice through the courts: justiciability of ESC rights in Uzbekistan . 15 Impediments to judicial protection of ESC rights . 16 The independence of the judiciary . 16 Access to independent legal advice . 17 Access to legal aid . 18 Length of proceedings . 19 Quality of decision-making and access to court decisions . 20 COVID-19 and access to justice . 22 Non-discrimination and Access to ESC Rights . 23 Non-discrimination and ESC rights in international law . 23 Non-discrimination and ESC rights in Uzbekistan’s national legislation and practice . 24 Discrimination against women . 26 Discrimination based on disability . 27 Conclusions . 27 Chapter II. The Right to Adequate Housing . 29 International law and standards . 29 National legal framework, policy and practice . 31 Forced evictions . 34 International law and standards . 34 National legal framework and practical issues . 35 Effective Remedies and the right to adequate housing . 40 Conclusions . 41 Chapter III. The Right to Health . 42 International law and standards . 42 National legal framework, policy and practice . 44 3 Public and Private Health . 47 International legal framework . 47 National legal and practical issues . 48 Diseases, Pandemics and Epidemics . 50 Non-discrimination . 54 International standards . 54 Legal and practical issues in Uzbekistan . 55 Access to justice . 57 Conclusions . 58 Chapter IV. The Right to Work and Rights in the Workplace . 59 International law and standards . 59 National legal framework, policy and practice . 61 General legal framework . 61 Non-discrimination . 62 Discrimination against women in the workplace . 62 Persons with disabilities . 64 Forced labour . 65 International law and standards . 65 Child labour and forced labour in Uzbekistan . 67 National minimum wage . 68 Informal workers . 69 Access to Justice . 72 Conclusions . 75 Chapter V. Conclusions and Recommendations . 76 Recommendations . 78 Recommendations in regard to the Judiciary . 78 Recommendations in regard to the Executive and Parliament . 79 Recommendations concerning specific ESC rights . 80 4 Introduction Economic, social and cultural rights (ESC rights) like civil and political rights, are indis- pensable for the preservation of human dignity 1. As agreed by States in Vienna in 1993, civil and political rights and ESC rights must be treated equally, as “all human rights are universal, indivisible and interdependent and interrelated” .2 As the UN Office of the High Commissioner on Human Rights has explained, there is no fundamental difference in nature between civil and political and ESC rights 3. Treaties such as the International Covenant on Economic, Social and Cultural Rights (ICESCR) are binding on the States that are party to them and States thereby un- dertake to implement them in good faith 4. All States parties, including the Republic of Uzbekistan, have internationally binding obligations to protect and secure these rights, including the rights to: healthcare; housing; food; water and sanitation; education; work; and social security 5. Thus, these are not benefits that depend on the good will of States, but rights that must be guaranteed by States which have undertaken to imple- ment these international obligations . The ICESCR is one of the principal universal treaties in this field — other treaties to which Uzbekistan is a party 6 provide particular guarantees for the ESC rights of persons from particular groups, including women, children and persons with disabilities 7. Under this and other human rights treaties, States implement their international legal obligations through their national legal systems: laws, policies and practices, on matters including healthcare, housing, food and nutrition, education or labour 8. This report considers some aspects of Uzbekistan’s implementation of these obligations through laws and policies as well as through access to justice and remedies for those who allege that their ESC rights have been violated . Analysing the general legal framework for protection of these rights, it considers in more detail particular challenges in Uzbekistan, in respect of the right to adequate housing, the right to health, and rights in the workplace . For rights to be effective in practice, they must not only be provided for in legislation and policy, but also be accessible to all, on an equal basis 9. Accessibility of rights re- quires access to information, and the dismantling of physical, administrative, economic or cultural barriers to accessing rights, as well as access to justice and effective rem- edies (including judicial remedies) to enforce these rights 10. The obligation to protect 1 Universal Declaration of Human Rights (UDHR), United Nations General Assembly (General Assembly resolution 217 A), 10 December 1948, article 22 . 2 Vienna Declaration and Programme of Action, Adopted by the World Conference on Human Rights in Vienna on 25 June 1993, article 5 . 3 OHCHR, Frequently Asked Questions on Economic, Social and Cultural Rights, Fact Sheet No . 33, https://www .ohchr .org/ Documents/Publications/FactSheet33en .pdf, p . 8 . 4 Vienna Convention on the Law of Treaties, concluded at Vienna on 23 May 1969, article 26 . 5 International Covenant on Economic, Social and Cultural Rights, adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 3 January 1976, article 2 . 6
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