The laws of Uzbekistan do not position battered woman syndrome or other domestic abuse as a specific or presumably efficient line of affirmative defense. At the same time, the Criminal Code (Article 37) operates with the necessary (justifiable) defense concept. If a battered woman commits a crime (e.g., murder, bodily harm) for reasons of domestic abuse, this may be presented as the necessary (justifiable) defense. This includes proving that the actions of the battered woman were not clearly incommensurate to the nature and degree of (immediate) threat coming from a domestic abuser. Generally, the necessary (justifiable) defense test is high.
Protective orders are issued to women suffering from domestic violence, pursuant to Article 23 of the Women Protection Law. The order protects a woman as such, not as an employee. Protective orders can restrict contacts between a woman and her domestic abuser but allow indirect contacts between them at work. At the same time, labor authorities in Uzbekistan have the right to implement preventive measures aimed at eliminating harassment (oppression) and violence at workplaces and enhancing the proper culture of relations with women at work.
The laws and practice in Uzbekistan do not elaborate any specific approach to the employee's departure in case of domestic violence. Generally, an employee has the right to terminate its employment without explaining a cause, with a two-week prior notice.
If a domestic violence victim is placed into a shelter, her workplace will be retained, regardless of whether she is in a position to attend to work, according to Article 28 of the Women Protection Law. Pursuant to the same provisions of the law, such a woman cannot also be expelled from an educational institution for absenteeism while being in a shelter.
There are no such specific provisions in the laws of Uzbekistan.
The laws of Uzbekistan do not include such a provision. Generally, Uzbekistan is not a very popular migration destination, hence less attention is paid to this issue.
The laws of Uzbekistan are silent on this.
The domestic violence law of Uzbekistan (the Women Protection Law) does not discuss asylum accessibility.
There is no such specific type of order as a military protective order. Only a general protective order may be issued. It should be noted that although a protective order may include the ban on keeping weapons, such ban will not apply to service weapons.
The Women Protection Law is silent regarding the custody or visitation of children. A separate protection order for underage females (as immediate victims of domestic violence) may be issued, in accordance with Article 24 of this law, further to the request of an underage female herself, her legal representative (mother or father), or a custody authority.
There are only general rules in the Family Code regarding custody and visitation of children, mainly in divorce situations. The court will take into account all circumstances, including the arguments of family members, to take the respective decision. Article 79 of the Family Code provides that parents (or one of the parents) may be deprived of parental rights if they perform physical or psychological violence against the child. If both parents are deprived of parental rights, the child will be put under custody.
Apart from that, there is no rule for automatically annulling parental rights of a domestic abuser. Parental rights include the right to see a child and to participate in decisions on upbringing and education of children. A parent may be deprived of his/her parental rights in the court in a limited number of cases, including when he or she performs physical or psychological violence against the child or is sentenced for a crime against life or health of his/her child or spouse (i.e., issuing a protective order against a parent as such does not qualify as grounds for annulling parental rights).The parental rights cannot be exercised contrary to the interests of children.
A judge will consider all evidence, including the testimonies of both spouses and children, when determining child custody. According to Article 68 of the Family Code, a child will have the right to be heard in the course of any litigation affecting its rights and legitimate interests. At the same time, no testimony or other evidence has predefined validity for the court. The court will act in the best interests of a child when it resolves on issues affecting these interests.
The Women Protection Law as well as other laws of Uzbekistan do not include specific barriers preventing landlords from forcing a tenant to move out because she or he is a victim of domestic violence.
The Women Protection Law as well as other laws of Uzbekistan do not specifically allow tenants to terminate lease early due to domestic violence.
A protective order may include a prohibition for the woman and her abuser to occupy the same premises. At the same time, it is not exactly a requirement for the abuser to leave the residence. Rather, the law implies that a woman will move to the shelter in such cases. The standard maximum term of a protection order (30 days) is the same as the standard maximum term of accommodation in a shelter.