Law № 121-II On guarantees of children's rights.
Country
Type of law
Legislation
Abstract
This Law establishes the legal status of the child as an independent rights bearer and sets out state guarantees for the protection of children’s rights and legitimate interests. A child is defined as any person under the age of 18, and all children within Turkmenistan are guaranteed equal rights regardless of nationality, gender, social origin, health status, or other circumstances. The Law is grounded in the Constitution, national legislation, and international treaties, and forms the basis of state policy aimed at ensuring children’s physical, intellectual, moral, and spiritual development. The national state policy in the interests of the child provides for legislative support for the rights and legitimate interests of the child, preventing discrimination on this basis, and restoring rights in the event of their violation. The child has the right to receive the necessary medical care, protection and promotion of health. A child's right to work arises upon reaching the age of 16. The state protects children from all forms of exploitation at work through legal, economic, social, medical, and educational means. Children may not be employed in work that would be harmful to their health or hinder their physical, mental, or moral development. Children are prohibited from performing work related to the production or sale of tobacco products or alcoholic beverages. Students are not allowed to be involved in agricultural or other work unrelated to the educational process during the school year.
The Law enumerates a comprehensive set of fundamental rights and freedoms of the child, including the right to life and development, identity, family life, privacy, freedom of opinion and conscience, healthcare, education, housing, leisure, cultural participation, labor appropriate to age, inheritance, and social benefits. It places special emphasis on protection from exploitation, harmful labor, drugs, sexual abuse, pornography, and information detrimental to moral development. Specific safeguards are also established for children with disabilities, children deprived of parental care, and children in contact with the law, ensuring humane treatment, access to education, and social rehabilitation.
In addition to rights, the Law defines state guarantees and institutional responsibilities for their protection, assigning duties to families, educational and health institutions, public authorities, and social organizations. It affirms the primacy of family-based upbringing, prohibits violence and degrading treatment of children, and regulates alternative care such as adoption and guardianship. The Law also sets out children’s duties, including respect for laws, family, and social norms, and allows restrictions on rights only as prescribed by law. Finally, it underscores the national commitment to international cooperation and the primacy of international treaties where they provide stronger child protection standards.
The Law enumerates a comprehensive set of fundamental rights and freedoms of the child, including the right to life and development, identity, family life, privacy, freedom of opinion and conscience, healthcare, education, housing, leisure, cultural participation, labor appropriate to age, inheritance, and social benefits. It places special emphasis on protection from exploitation, harmful labor, drugs, sexual abuse, pornography, and information detrimental to moral development. Specific safeguards are also established for children with disabilities, children deprived of parental care, and children in contact with the law, ensuring humane treatment, access to education, and social rehabilitation.
In addition to rights, the Law defines state guarantees and institutional responsibilities for their protection, assigning duties to families, educational and health institutions, public authorities, and social organizations. It affirms the primacy of family-based upbringing, prohibits violence and degrading treatment of children, and regulates alternative care such as adoption and guardianship. The Law also sets out children’s duties, including respect for laws, family, and social norms, and allows restrictions on rights only as prescribed by law. Finally, it underscores the national commitment to international cooperation and the primacy of international treaties where they provide stronger child protection standards.
Attached files
Web site
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Закон Туркменистана № 121-II О гарантиях прав ребенка гор. Ашхабад, 5 июля 2002 года.
Implements