Date: 29 November 2024
View and Download Report: Turkmenistan – CESCR – Women’s Rights – February 2025, PDF
Country: Turkmenistan
Issues: Gender based Violence, Women’s Rights, Access to Safe and Legal Abortion
Mechanism: UN Committee on Economic, Social and Cultural Rights
Report Type: Joint Shadow / Parallel Report by the Advocates for Human Rights and Progres Foundation
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.
We respectfully suggest The Committee to pose the following questions to the Government of Turkmenistan:
- Please provide information on the steps taken to ensure the free choice of women to seek abortion in safe conditions in accordance with domestic legislation. Including any steps taken to decriminalize abortion and/or repeal the 5-week gestational age limit and other restrictions on abortions based on specific grounds or gestational age limits.
- Please provide information on the steps taken to make abortion available on the request of the woman without restrictions and without the authorization, ensuring that national regulations regarding abortion are in accordance with international guidelines and the Covenant.
- Please describe the efforts made by the State to increase access to basic services in sexual and reproductive health.
- What initiatives has the State taken to guarantee affordable and easy access to contraception and other reproductive health services for low-income or vulnerable populations?
- Describe the government’s efforts to improve family planning for victims’ gender-based violence against women, including domestic violence and sexual violence.
- Please provide information from the past five years on the number of women having abortions, including statistics on deaths and health complications for pregnant women who have been denied abortion, as well as measures taken to combat the stigmatization of women having abortions.
- Describe Turkmenistan’s efforts to address the data gaps on abortions and publish objective data on abortion that is available to the general public.
- What measures has the government of Turkmenistan put in place to ensure doctors and other medical professionals provide access to safe abortion for women whose lives or health are in danger as a result of pregnancy?
- Describe the efforts taken by the State to address the risk of health professionals losing their licenses for performing legally sanctioned abortions, and are there efforts to protect these professionals and clarify regulations to avoid punitive measures?
- What measures have been adopted to address abortion stigma by the State?
- Please provide information about the available procedures to ensure provider-patient confidentiality, and the holistic care for women accessing abortion care.
