Date of publication:
08/22/2025
Tajikistan
Do domestic laws and policies provide access to sexual and reproductive healthcare services for forcibly displaced and stateless persons?
Assessment by population
Analysis
According to Article No.12 of the Law of the Republic of Tajikistan on Refugees, individuals recognized as refugees, as well as their family members, have the right to medical assistance. In accordance with the definition provided in Article No. 1 of the Healthcare Code of the Republic of Tajikistan, medical assistance includes measures for the prevention and diagnosis of diseases, poisoning, and injuries, treatment, rehabilitation of patients, as well as monitoring pregnancy, childbirth, and the postpartum period. Thus, assistance in maintaining reproductive health is also considered a part of medical assistance.
An important aspect is that, according to Article No. 44 of the Healthcare Code, the rights and obligations of stateless persons and refugees in the field of healthcare are regulated by international legal acts recognized by Tajikistan, as well as the provisions of this Code. Therefore, all norms of the Healthcare Code directly relate to the rights of refugees and their families in this area. In particular, Articles No. 83, No.84, and No.86 of the Code guarantee the protection of reproductive health, define rights in this area, and ensure the implementation of corresponding guarantees. These rights include: receiving complete and accurate information about family planning and childbirth methods, access to medical services in the field of reproductive health and family planning, the free choice of a healthcare provider, the right to use safe contraception methods, confidentiality when receiving consultations and examinations, as well as the right to express opinions regarding contraception and the services provided.
Related provisions of domestic law or policy
Law of the Republic of Tajikistan on Refugees
- Year: 2002
- Type: Domestic law
- Rights Category: Asylum, Freedom of movement
- Link to external source: https://www.refworld.org/node/57522
Legal provision
Article 12 - Rights and Duties of an Individual Recognized as a Refugee
1. An individual recognized as a refugee and their accompanying family members have the right to: Receive information about their rights and duties, as well as other information in accordance with this Law; Reside in the Republic of Tajikistan for the duration of their refugee status, in the locations determined by the Government of the Republic of Tajikistan; Exclusion; Settle independently with a citizen of the Republic of Tajikistan or a foreign citizen or stateless person permanently residing in the Republic of Tajikistan, in accordance with the laws of the Republic of Tajikistan; Exclusion; Participate in integration programs developed by the State Migration Authority; Receive medical care, employment, or engage in business activities, in accordance with the regulatory legal acts of the Republic of Tajikistan, unless otherwise specified; Receive primary and secondary education; Receive assistance from the State Migration Authority in obtaining information about relatives residing in the country of the refugee's citizenship or previous place of residence; Apply to the internal affairs authorities at their place of residence for assistance in obtaining travel documents for themselves and their family members, in coordination with the national security authorities of the Republic of Tajikistan; Obtain a residence permit and other relevant documents at the internal affairs authorities at their place of residence in the prescribed manner; Submit an application for permanent residence in the Republic of Tajikistan based on grounds unrelated to their refugee status or for acquiring citizenship of the Republic of Tajikistan in accordance with the legislation of the Republic of Tajikistan; Voluntarily return to their country of citizenship (previous place of residence); Leave for another country for residence; Receive financial and other assistance as determined by the Government of the Republic of Tajikistan; Enjoy other rights provided by the legislation of the Republic of Tajikistan for foreign citizens and stateless persons permanently residing in the Republic of Tajikistan. 2. An individual recognized as a refugee and their accompanying family members are obliged to: Comply with the requirements of the Constitution of the Republic of Tajikistan, this Law, and other regulatory legal acts of the Republic of Tajikistan; Register with the internal affairs authorities at their place of residence no later than three working days after receiving their refugee certificate, if settling independently; After receiving a temporary settlement directive from the State Migration Authority, leave for the designated settlement location within three working days, and register at the local internal affairs authority within three working days of arrival; Provide the State Migration Authority with information about changes in their surname, first name, family composition, marital status, acquisition of Tajik citizenship or citizenship of another state, or obtaining permanent residence status in the Republic of Tajikistan no later than one working week after the change; Notify the State Migration Authority of any intent to change their place of residence within the Republic of Tajikistan or leave the country; Upon changing their residence, deregister from the internal affairs authority and register at the new place of residence within three working days; Undergo annual re-registration within the time frames established by the State Migration Authority; Fulfill other duties provided by the legislation of the Republic of Tajikistan for foreign citizens and stateless persons permanently residing in the Republic of Tajikistan.
Healthcare Code of the Republic of Tajikistan
- Year: 2017
- Type: Domestic law
- Rights Category: Health
- Link to external source: https://ampeid.org/documents/tajikistan/health-code-of-the-republic-of-tajikistan/
Legal provision
Article No. 44 - Rights and Duties of Foreign Nationals, Stateless Persons, and Refugees in the Healthcare Sector in the Territory of the Republic of Tajikistan
The rights and duties of foreign nationals, stateless persons, and refugees in the territory of the Republic of Tajikistan in the healthcare sector are provided in accordance with international legal acts recognized by Tajikistan, this Code, and other legislative acts of the Republic of Tajikistan.
Articles No. 83 - Protection of Reproductive Health of the Population in the Republic of Tajikistan
1) The reproductive health of the population of the Republic of Tajikistan is protected by the state. The authorized state body in the field of healthcare is responsible for overseeing the provision of reproductive health services, the activities of national organizations, state research and educational institutions, and developing the reproductive health protection strategy. Together with local executive authorities, it is responsible for ensuring that the population has access to reproductive health services. 2) The procedure for organizing the activities of state organizations in the field of reproductive health protection is established by the authorized state body in the field of healthcare.
Article No.84 - Reproductive Rights of Citizens and Guarantees for Their Implementation
1) Reproductive rights are based on the recognition of the fundamental rights of married couples to make free and responsible decisions about the number of children, the timing of their conception, and the intervals between births, as well as to access the necessary means and information to achieve reproductive health. Citizens have the right to independently: - Decide on the number of children; -Decide on the interval between births, taking into account medical and social conditions, ensuring effective upbringing of children; -Use methods and means that protect individuals from diseases or injuries that may harm their sexual and reproductive functions. 2) The state guarantees: -Prenatal and postnatal benefits for mothers; -Protection from all forms of sexual exploitation and sexual harassment; -Access to information aimed at promoting social, spiritual, and moral well-being, as well as physical and mental health in the context of childbirth.
Article No.86 - Rights of Individuals Seeking Services in Reproductive Health Organizations
1) Individuals who seek services in reproductive health organizations have the right to: - Receive complete, accurate, and high-quality information about family planning methods and childbirth; - Access medical services in the field of reproductive health and family planning; - Choose a medical professional freely; - Make free decisions regarding the use of safe methods; - Confidentiality during consultations and physical examinations; - Express opinions regarding contraceptive methods and the services provided; - Receive information about the use of a specific contraceptive method and all the services provided.
Article No. 1 - Basic Concepts
- Medical assistance – measures for the prevention and diagnosis of diseases, poisonings, injuries, treatment and rehabilitation of patients, monitoring of pregnancy, delivery, and postpartum care; - Primary healthcare – the level of medical services where the first contact of healthy and ill citizens with doctors occurs.