E/C.12/TJK/CO/2-3
(c)
Social Protection for Persons with Disabilities Act (2010);
(d)
Commissioner for Human Rights Act (2008).
5.
The Committee welcomes the State party’s efforts to promote the implementation of
economic, social and cultural rights, which have included the:
C.
(a)
National Strategy to Promote the Role of Women, 2011–2020 (2010);
(b)
National Health Strategy, 2010–2020 (2010);
(c)
Policy Framework for Transition to a New General Education System (2010);
(d)
National Development Strategy for the period up to 2015 (2007).
Principal subjects of concern and recommendations
Domestic application of the Covenant
6.
The Committee is concerned that the Covenant’s impact on the case law of domestic
courts may be negatively affected by the insufficient training of judges and legal
professionals on the international human rights treaties, in particular the Covenant.
The Committee recommends that the State party take all appropriate measures to
ensure the direct applicability of the Covenant provisions to its domestic legal order
through adequate training programmes for judges, lawyers and public officials. The
Committee draws the State party’s attention to its general comment No. 9 (1998) on
the domestic application of the Covenant.
7.
The Committee is concerned about the lack of effective remedies in the event of
violations of economic, social and cultural rights, owing to high lawyers’ fees and court
costs, as well as limited access to free legal aid by rights holders who need it, in particular
victims of violations.
The Committee recommends that the State party take the necessary measures,
including legislative measures, to ensure that free legal aid with regard to economic,
social and cultural rights is provided to persons who need it, in particular those
belonging to disadvantaged and marginalized groups, and that it is adequate with
respect to coverage, eligibility and services provided.
Independence of the judiciary
8.
The Committee is concerned that, despite the ongoing reforms, the judiciary’s
independence and impartiality lack effective guarantees. In this regard, the Committee is
particularly concerned that the Qualification Committee, which oversees the qualification
examinations for judges, is placed under the purview of the Ministry of Justice.
The Committee recommends that the State party take the necessary legal, policy and
other measures to ensure the full independence of the judiciary, including by granting
the Qualification Committee independent status and laying down other appropriate
guarantees in the relevant laws.
National human rights institutions
9.
The Committee is concerned that the institution of the Human Rights Ombudsman is
not fully independent, noting also in this context the participation of the Ombudsman in the
dialogue as part of the delegation of the State party. The Committee further notes that the
Institution of the Human Rights Ombudsman has been accredited with “B status” by the
International Coordinating Committee of the National Human Rights Institutions for the
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