On State Guarantees To Provide Equal Rights And Equal Opportunities For Women And Men

Original Language Title: О государственных гарантиях обеспечения равных прав и равных возможностей женщин и мужчин

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On State guarantees to provide equal rights and equal opportunities for women and men, this law establishes State guarantees of equal rights and equal opportunities of women and men in all spheres of State and public life.
 
Chapter i. General provisions article 1. The basic concepts used in this law are used in this law the following concepts: 1) equal rights is established and protected by the State rules and regulations guaranteeing equality between women and men in all spheres of State and public life;
2) equal opportunities-the availability of funds, the conditions necessary to ensure equal participation of women and men in all spheres of State and public life;
3) discrimination based on sex-limitation or infringement of human rights and opportunities or belittling his dignity on the basis of sex.
 
Article 2. Turkmen legislation on State guarantees to provide equal rights and equal opportunities for women and men 1. Turkmen legislation on State guarantees to provide equal rights and equal opportunities for women and men is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. If an international treaty to which Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
 
Article 3. State guarantees of equal rights and equal opportunities for women and men in Turkmenistan 1. Turkmenistan guarantees women and men equal rights and equal opportunities (hereinafter referred to as "gender equality) in all spheres of State and public life, as well as equality before the law irrespective of their nationality, race, sex, origin, property status, job status, and marital status, place of residence, language, attitude to religion, political beliefs, party affiliation or lack of affiliation with any political party.
2. Women and men who are foreign citizens or stateless persons permanently residing in Turkmenistan, along with women and men who are citizens of Turkmenistan are guaranteed gender equality, established by the present law, unless otherwise provided by the legislation of Turkmenistan and international treaty.
3. women and men have an equal responsibility.
4. women and men have a shared responsibility for the upbringing of their children. In all cases the interests of the children shall be paramount.
 
Article 4. The purpose of this Act, the objectives of this Act are the establishment of State guarantees to safeguard gender equality in all spheres of State and public life.
 
Article 5. The main directions of the State policy in the sphere of gender equality the main directions of the State policy in the field of gender equality are: 1) the prohibition of discrimination on grounds of sex;
2) establish and improve a legal base, as well as the implementation of policy documents;
3) cooperation with public associations, as well as international organizations active on gender equality;
4) implementation of the universally recognized principles and norms of international law and international obligations of Turkmenistan.
 
Article 6. Non-discrimination on grounds of sex 1. Gender discrimination is not allowed.
2. Do not constitute discrimination based on sex: 1) the adoption on the basis of this law of temporary special measures aimed at achieving gender equality in all spheres of State and public life;
2) protection of motherhood and fatherhood;
3) distinctions, exclusions, restrictions and preferences in the area of labour, arising from the specific requirements of a particular job or special care extended by the State to persons requiring social and legal protection, established by the legislation of Turkmenistan;
4) establishing requirements for professional qualifications, based on the capacity to implement obligations only by persons of a particular sex;
5) performance exclusively men conscription in cases stipulated by the legislation of Turkmenistan;
6) features for the protection of women's rights in criminal proceedings in accordance with the legislation of Turkmenistan.
 
CHAPTER II. MECHANISM to ENSURE GENDER EQUALITY Article 7. Bodies implementing gender equality 1. Bodies working for gender equality, is the Cabinet of Ministers of Turkmenistan, the authorized body in the sphere of gender equality (hereinafter referred to as the authorized body).
2. Other State bodies, local executive bodies and local self-government, public associations organize activities to promote gender equality.
 
Article 8. The activities of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan: 1) defines a uniform State policy in the field of gender equality;
2) publishes the normative legal acts in the field of gender equality;
3) provides an implementation of policy documents on gender equality;
4) defines the authorized body;
5) approves the plans of action for gender equality;

6) monitors the gender equality;
7) promotes the development of international relations in the field of gender equality;
8) perform other functions in the field of gender equality.
 
Article 9. Activities of the authorized body Empowered body: 1) implements a uniform State policy in the field of gender equality;
2) adopts the normative legal acts in the field of gender equality;
3) implementing policy documents on gender equality;
4) develops action plans to promote gender equality;
5) complaints and statements of persons discriminated against on the grounds of sex, as well as protect their interests in court;
6) provides information and education on gender equality;
7) oversees the implementation of activities on gender equality in other State bodies, local authorities and bodies of local self-government;
8) is the Cabinet of Ministers of Turkmenistan annual reports on its activities to promote gender equality;
9) conducts monitoring of normative legal acts in the field of gender equality;
10) interacts with international organizations on gender equality;
11) exercise other functions in the field of gender equality.
 
Article 10. Gender equality in other public authorities other public bodies: 1) implement unified State policies in the area of gender equality;
2) participate in the implementation of the programme documents and plans of action on gender equality;
3) are normative legal acts in the field of gender equality;
4) carry out activities aimed at protecting maternity and paternity;
5) provide to local executive bodies and local self-government, public associations, organizational, informational and methodological assistance on gender equality;
6) exercise other functions in the field of gender equality.
 
Article 11. Gender equality bodies of local executive bodies and local self-government, local executive bodies and local governments: 1) implement unified State policies in the area of gender equality;
2) together with other public authorities involved in the implementation of programme documents and plans of action on gender equality;
3) are normative legal acts in the field of gender equality;
4) carry out activities aimed at protecting maternity and paternity;
5) provide other State bodies, public associations, organizational, informational and other assistance in organizing events to promote gender equality;
6) interact with public associations on gender equality;
7) exercise other functions in the field of gender equality.
 
Article 12. The participation of NGOs in gender equality public associations: 1) participate in the implementation of the programme documents and plans of action on gender equality;
2) nominated candidates in elected bodies in the manner prescribed by the legislation of Turkmenistan, support candidates, the program which include gender equality issues;
3) are taking initiatives on gender equality;
4) participate in the decision-making organs of State power and local self-government relating to gender equality, in accordance with the legislation of Turkmenistan;
5) perform other functions in the field of gender equality.
 
Article 13. Financing financing of gender equality in the field of gender equality is carried out at the expense of the State budget of Turkmenistan, as well as other sources not prohibited by Turkmen law.
 
CHAPTER III. STATE GUARANTEES to SAFEGUARD GENDER EQUALITY Article 14. State guarantees to safeguard gender equality, the State guarantees the equality of men and women in the enjoyment of civil rights, equal participation in managing the Affairs of society and the State, the electoral process. The State guarantees of gender equality in the field of health, education, science, culture, labour and social protection, as well as in other spheres of State and public life.
 
Article 15. State guarantees to safeguard gender equality in the enjoyment of civil rights 1. The State guarantees the equality of men and women in the enjoyment of civil rights.
2. the State guarantees women and men equal rights to life and liberty of its implementation, to preserve his or her identity, including name, middle name, surname, nationality and citizenship, as well as the right freely to express their own opinions and views.
3. the State guarantees women and men equal rights to conclude contracts and administer property.
4. the State guarantees the equality of women and men before the law.

5. the State provides for the creation of conditions for the free development of the personality, guarantees women and men equal judicial protection of honour and dignity, personal and political rights and freedom, personal inviolability and citizens ' natural and inalienable rights.
6. Women and men have equal rights to free movement and choice of place of residence within Turkmenistan, unless otherwise provided by the legislation of Turkmenistan.
7. Woman and man is free to determine his attitude to religion, to profess any religion or not to profess any religion.
 
Article 16. State guarantees to provide equal rights for women and men to participate in the management of the Affairs of society and the State 1. The State shall guarantee to women and men the equal right to participate in managing the Affairs of society and the State directly or through their elected representatives, in accordance with the legislation of Turkmenistan.
2. the State guarantees women and men equal rights to access to public service through their appointment or election to public office, the career of public service.
3. the State guarantees women and men equal opportunities to represent the interests of the State and society at the international level and to participate in the work of international organizations.
4. Women are granted the right of entering military service on a voluntary basis in accordance with the legislation of Turkmenistan.
 
Article 17. State guarantees to safeguard gender equality in the electoral process 1. The State guarantees women and men to ensure their freedom of expression, protection of their voting rights.
2. the State guarantees women and men equal opportunities to participate in the electoral process in accordance with the legislation of Turkmenistan.
 
Article 18. State guarantees of equal rights for women and men in the field of health, the State guarantees women and men equal rights to: 1) of the health protection and promotion;
2) obtaining guaranteed amount of free medical assistance;
3) receive good medical care and use of health services;
4) receiving information on reproductive health, the prevalence of diseases, new methods of prevention and treatment of diseases;
5) use the services of the spa and sanatorium-and-Spa institutions, children's health and rehabilitation centres, as well as sports facilities.
 
Article 19. State guarantees to safeguard gender equality in the field of education and science 1. The State guarantees women and men equal rights to access to all types of educational services provided by the State, as well as the binding nature of general secondary education and its free of charge in State educational institutions.
2. the State guarantees gender equality in the implementation of educational and scientific activities.
 
Article 20. State guarantees to safeguard gender equality in the field of culture, the State guarantees women and men: 1) an equal right to participate in cultural life;
  2) equal right of access to all types of services provided by cultural institutions;
 3) equal rights to exercise creative activities in a professional and non-professional basis in accordance with their interests and abilities;
4) equal opportunities to create, revival, preservation, development, dissemination and utilization of cultural values, as well as the preservation and development of national cultural identity.
 
Article 21. State guarantees of equal rights for women and men in employment 1. The State guarantees women and men the equal right to work.
2. the State guarantees equal opportunities for women and men to employment, free choice of profession, occupation and place of employment, entrepreneurial activity, vocational training and retraining, the co-ordination of work with the responsibilities of parents, as well as guarantees the equal right to safe conditions of work, to protection against unemployment.
3. the State guarantees women and men equal remuneration for work of equal value, as well as equality of treatment in the evaluation of the quality of work in accordance with the labor laws of Turkmenistan.
 4. the State guarantees women and men the equal right to participate in the management of the enterprise, organization, institution, regardless of their form of ownership.
 
Article 22. State guarantees of equal rights for women and men in marriage and family relations 1. The State guarantees women and men on reaching the age established by the legislation of Turkmenistan, an equal right to establish a family. They enjoy equal rights as to marriage, during marriage, as well as in the event of its dissolution.
2. the State guarantees and provides equal protection of men and women from domestic violence, demonstrated in the form of physical or psychological pressure or damage (injury) allowed one family member against another family member.
Article 23. State guarantees to safeguard gender equality in social protection

The State guarantees of gender equality in the field of social protection, through material support and social services in the form of pensions, State benefits and the provision of social benefits in the manner and cases stipulated by the legislation of Turkmenistan.
 
Article 24. State guarantees of equal rights for women and men to protection from sexual assault, kidnapping and trafficking in the State guarantees equal rights for women and men to protection from sexual assault, abduction and trafficking.
 
CHAPTER IV. Final clauses article 25. The formation of statistical reporting in the area of gender equality the formation of statistical reporting in the area of gender equality is carried out by Turkmen State Committee on statistics in order to be determined by the Cabinet of Ministers of Turkmenistan.
 
Article 26. Protection of the rights of persons subjected to discrimination on grounds of sex 1. Person subjected to discrimination on grounds of sex, has the right to complain to the competent authority.
Authorized body shall, within ten calendar days to review a complaint and make a decision on it.
2. In the case of detection of gender-based discrimination authorized body shall have the right to send to the State authorities, local executive bodies and local self-government bodies, heads of legal persons irrespective of their form of ownership written orders to eliminate factual discrimination, indicating the duration of their execution. In case these persons provisions on Elimination of the revealed facts of sex discrimination authorized body may apply to the Court in the manner prescribed by the legislation of Turkmenistan.
3. Complaints related to violation of the rights of persons discriminated against on the basis of sex, the State fee is not paid.
 
Article 27. Settlement of disputes disputes arising in the area of gender equality are resolved in the order established by the legislation of Turkmenistan.
 
Article 28. Liability for violation of this law persons guilty of violating this law bear responsibility stipulated by the legislation of Turkmenistan.
 
Article 29. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. the void: the law of Turkmenistan from December 14, 2007 "on State guarantees of equal rights for women" (records of the Mejlis of Turkmenistan, 2007, no. 4, p. 78);
The law of Turkmenistan on March 26, 2011 year on amending the law of Turkmenistan on State guarantees of equal rights for women "(records of the Mejlis of Turkmenistan, 2011, no. 1, art. 14). 3. Normative legal acts of Turkmenistan are subject to adjustment in accordance with this law in a three-month period from the date of its entry into force.
 
 
           Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat August 18, 2015 year # 264-V.
 

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