In Uzbekistan, they want to change the procedure for considering cases of sexual harassment of children

Uzbekistan Intends to Review the Procedure for Considering Cases of Sexual Harassment Against Children

In Uzbekistan, it has been proposed to change the procedure for considering cases of sexual harassment against minors. The relevant draft law was discussed on September 28 in the factions of the "Adolat" and "Milliy Tiklanish" parties in the Legislative Chamber of the Oliy Majlis.

The amendments are planned to be made to the Code of Administrative Responsibility. As stated at the meeting of the "Adolat" faction, the current mechanism does not provide for a separate procedure for cases of sexual harassment against children, which is why the question of the correct qualification of such actions — as an administrative offense or a crime — still remains.

Article 41-1 of the Code of Administrative Responsibility defines sexual harassment as the commission against a person of a single gross or repeated, unwanted and humiliating to their honor and dignity actions of a sexual nature, expressed in describing their appearance or physique, gesturing, touching, calling, having a sexual inclination.

For such an offense, a fine of 2 to 5 basic calculation values (from 880 thousand to 2.2 million soums) or administrative arrest for up to five days is provided, and for a repeated violation within a year — a fine of 5 to 7 BCVs (up to 3.08 million soums) or arrest for up to 15 days.

At present, the protocol on an administrative offense, along with other documents and evidence, must be sent to the body or official authorized to consider the case no later than three days from the moment the offense was committed or detected.

For cases of sexual harassment against minors, it is proposed to introduce a separate procedure. Before the case is considered as administrative, the materials must be reviewed by a prosecutor.

If the prosecutor decides that there are no signs of a crime in the actions, the protocol, evidence, and other documents must be sent to the district or city criminal court within one day.

It is proposed to attach to the materials the victim's statement, the conclusions of medical and other examinations, the decision to refuse to initiate criminal proceedings, and other documents confirming the circumstances of the incident.

This approach was previously established by a presidential decree dated March 3, 2026, on strengthening the protection of the rights of women and children.

"Adolat" MP Ziyodbek Yunusov emphasized that the changes should prevent situations where actions with signs of a crime remain within administrative proceedings, as well as establish a clear procedure for considering such materials.

"Milliy Tiklanish" representative Davron Aripov stated that the additional legal assessment by the prosecutor's office on administrative offenses against minors should contribute to protecting children from various forms of violence and preventing actions of a sexual nature against them.

Both factions supported the draft law.

In addition, the faction of the "Adolat" party submitted a broader draft law to the Legislative Chamber aimed at strengthening responsibility for violence against children.

The document provides for amendments to the Criminal and Criminal Procedure Codes, the Code of Administrative Responsibility, and a number of other laws.

The Council of the Legislative Chamber decided to include the draft law on the agenda of the next plenary session. The Committee on Democratic Institutions and Civil Society Development was appointed responsible for its consideration.

The draft law is planned to be considered at a meeting of the lower house of parliament on September 29.

The discussion on tightening the legislation is taking place against the backdrop of a high-profile case of sexual violence against a 5-year-old female pupil of a state kindergarten in the Uchkurgan district of the Namangan region.

On September 12, the investigative department of the district police department initiated a criminal case under part 4 of Article 118 of the Criminal Code (rape of a person under the age of 14). Kindergarten employee K. M. was detained on suspicion of the crime, and a preventive measure in the form of detention was applied to him.

According to the girl's mother, the alleged abuse may have occurred repeatedly.

On September 27, Saida Mirziyoyeva, head of the Presidential Administration, reacted to the incident. She reported that after receiving information about the case, she "felt real anger," and stated that the relevant authorities had been given the necessary instructions. According to her, punishment should be borne not only by those guilty of the crime, but also by those who "allowed this, showed negligence, and did not protect the child."

Saida Mirziyoyeva also announced the preparation of proposals to amend the legislation in order to "tighten responsibility to the maximum" for such crimes.

In world practice, child protection is based on strict standards, protocols, and regulations that are mandatory for all institutions and their employees.

The anti-violence project in Uzbekistan Nemolchi.uz back in early 2025 called on the Prosecutor General's Office to ensure the protection of the rights of minors. People who commit lewd acts against children can escape criminal punishment when investigators and judges treat such crimes as an administrative offense in the form of sexual harassment. Activists asked the agency to intervene.