5.1. Norms aimed at supporting socially vulnerable categories of the population are being fixed, smoothing social inequality in society, creating decent living conditions; strengthening the social responsibility of the state to citizens so that not a single person is left without attention. For the first time, everyone’s right to housing is established.
– the amount of pensions, allowances, and other types of welfare established by law cannot be lower than the officially fixed minimum consumer expenditure (Article 46);
– Everyone has the right to housing. No one may be deprived of his or her home except by a court decision and in accordance with the law. In the cases and the manner prescribed by law, the owner, deprived of his or her home, is provided with preliminary and equivalent compensation for the cost of housing and losses incurred by him. The state encourages construction of housing and creates conditions for the exercise of the right to housing. The procedure for providing housing for socially vulnerable categories of the population is determined by law (Article 47);
– the rights of disabled and lonely elderly, persons with disabilities, and other socially vulnerable categories of the population are protected by the state. The state takes measures to improve the quality of life of socially vulnerable groups of the population, to create conditions for their full participation in public and state life, and to increase their ability to provide for their basic needs on their own.
Furthermore, the Basic Law clearly states that the state creates conditions for persons with disabilities to have full access to objects and services in the social, economic, and cultural spheres, promotes their employment and education, and allows them to freely obtain the information that they require (Article 57).
5.2. The fight against unemployment entails ensuring employment and a steady increase in the population’s income. Citizens’ labor rights are being strengthened.
– everyone has the right to decent work, free choice of profession and occupation, favorable working conditions that meet the requirements of safety and hygiene, fair remuneration for work without any discrimination, and not below the established minimum wage. The minimum wage is determined taking into account the need to ensure a decent standard of living for a person (Article 42);
The incorporation of these norms into the Constitution is critical in ensuring that citizens’ wages are commensurate with their efforts, as well as raising the population’s standard of living and ensuring the country’s social justice principles.
– it is prohibited to refuse to hire women, dismiss them from work and reduce their wages for reasons related to pregnancy or the presence of a child (Article 42);
– the state takes measures to ensure the employment of citizens, protect them from unemployment, as well as reduce poverty. The State organizes and encourages professional training and retraining of citizens (Article 43);
– forced labor is prohibited except as punishment under the court decision, or in some other Instances specified by law. Any form of child labor that poses a threat to the health, safety, and full physical, mental, and spiritual development of the child, including those that prevent him from getting an education, is prohibited. (Article 44).
5.3. Ensuring the accessibility of education, healthcare and spiritual and cultural values.
– the right of citizens of the Republic of Uzbekistan to receive a guaranteed volume of medical care at the expense of the state is fixed.
It is established that the state takes measures to develop the healthcare system, its state and non-state forms, various types of medical insurance, and ensure the sanitary and epidemiological well-being of the population. At the same time, the state creates conditions for the development of physical culture and sports, the formation of a healthy lifestyle among the population (Article 48);
– the state ensures the development of a continuous education system, its various types and forms, and state and non-state educational organizations (Article 50);
– citizens have the right to receive higher education in state educational organizations on a competitive basis at the expense of the state. Higher educational institutions have the right to academic freedom, self-government, freedom of research and teaching in accordance with the law (Article 51);
– a separate article is introduced on the status and role of the teacher in society. It is fixed that in Uzbekistan the work of a teacher is recognized as the basis for the development of society and the state, the formation and education of a healthy, harmoniously developed generation, and the preservation and enhancement of the spiritual and cultural potential of the people. The state takes care of protecting the honor and dignity of teachers, their social and material well-being, and their professional development (Article 52).
This innovation will create an opportunity to strengthen the social status, strengthen state support and ensure professional growth over 685 thousand teachers working in the country.
Similar norms fixing the status of a teacher are contained in the constitutions of Germany, Portugal, Ukraine, Chile, Uruguay, Ecuador, Colombia, Egypt, etc.
5.4. Further strengthening of constitutional mechanisms designed to ensure the development of market relations, the protection of private property, entrepreneurship, and the social orientation of a market economy.
– the state creates conditions for the development of market relations, and fair competition, noting that private property is inviolable, The Constitution establishes mechanisms that ensure its reliable protection. It is established that the owner cannot be deprived of his property except in cases and the manner prescribed by law and based on a court decision (Article 65);
– the state provides a favorable investment and business climate. Entrepreneurs, under the law, have the right to carry out any activity and choose its direction independently. The unity of the economic space, and the free movement of goods, services, labor resources, and financial resources are guaranteed on the territory of the Republic of Uzbekistan. Monopolistic activity is regulated and limited by law (Article 67).
The inclusion of these norms will become a solid basis for the smooth implementation of entrepreneurial activities, and will also have a positive impact on the development of the business environment in the country.
– the norm is fixed that land can be privately owned on the terms and in the manner prescribed by law, which ensure its rational use and protection as a national wealth (Article 68).
The introduction of this norm will allow at the constitutional level to secure the right of ownership of citizens and business entities to land, which in turn will serve as a reliable protection and guarantee of the rights of owners, as well as consolidate their obligation to respect the land.
5.5. The norms governing the state’s care for children and young people, as well as the creation of equal opportunities for men and women, have been established. Installed norms aimed at the full development and strengthening of the family institution, which is based on traditional Uzbek family values, free consent, and equality of those entering into marriage.
– the state ensures equality of rights and opportunities for women and men in managing the affairs of society and the state, as well as in other areas of public and state life (Article 58);
– marriage is based on the traditional family values of the people of Uzbekistan, free consent, and equality of those entering into marriage. The state creates social, economic, legal, and other conditions for the full development of the family (Article 76).
Given that the people of Uzbekistan are citizens of Uzbekistan, regardless of their nationality, respect for the traditional family values of all citizens living in the republic is recognized. In this context, the traditional family values of the people of Uzbekistan are understood as the traditions of our citizens that do not contradict the Constitution and laws, including the Family Code;
– parents and guardians are obliged to support their children until the latter are of age, take care of their upbringing, education, and healthy, full, and harmonious development (Article 77);
For reference: under this norm, parents are now responsible not only for the maintenance and upbringing of their children but also for their education, and their healthy, full, and harmonious development.
– the state is responsible for ensuring and protecting the rights, freedoms and interests of the child, as well as creating the best conditions for his and her full physical, mental, and cultural development; motherhood, fatherhood, and childhood are all protected by the state. The state and society take care of the formation in children and youth of a commitment to national and universal values, pride in the country, and the rich cultural and spiritual heritage of the people, a sense of patriotism and love for the Motherland (Article 78);
– the state ensures the protection of the personal, political, economic, social, cultural, and environmental rights of young people, and encourages their active participation in the life of society and the state (Article 79).
5.6. Constitutional consolidation of legal norms specifically dedicated to the protection and provision of environmental rights of citizens.
For the first time, the Constitution clearly states:
a) the determination of the people of Uzbekistan to increase and protect for present and future generations, the priceless natural wealth of the country and to preserve a healthy environment (Preamble);
b) the right of everyone to a favorable environment, and reliable information about its condition (Article 49);
c) implementation by the state of measures under the principle of sustainable development to improve, restore and protect the environment, and maintain ecological balance; adoption by the state of measures for the protection and restoration of the ecological system, social and economic development of the Aral Sea region (Article 49);
The global environmental problem in the Aral Sea region has a direct detrimental effect on the lifestyle of about 50 million residents.
The consolidation of this norm in the Constitution will ensure the creation of decent living conditions for the inhabitants of the Aral Sea region, the application of a package of additional benefits for citizens, primarily representatives of the social sphere, will increase the possibility of active participation of business structures and non-profit organizations in various projects aimed at protecting the environment.
– ensuring the implementation of a unified state policy in the field of environmental protection, conservation of natural wealth and biodiversity, climate change, epidemics, pandemics and mitigation of their consequences is defined as one of the main tasks of the Cabinet of Ministers (Article 115);
– the implementation of measures aimed at ensuring the ecological development of territories is assigned to the jurisdiction of khokims of regions, districts, and cities (Article 123).
5.7. For the first time, a norm on the implementation of public control in the field of urban planning is introduced.
It is established that:
– the state creates conditions for the implementation of public control in the field of urban planning to ensure the environmental rights of citizens and prevent harmful effects on the environment;
– draft urban planning documents are subject to public discussion in the manner prescribed by law (Article 49).
This innovation will create reliable guarantees to prevent the construction of facilities in settlements without observing established norms and rules and will ensure the participation of citizens in the process of creating the architectural appearance of cities (districts). Under these conditions, the right of citizens to control the provision of their environmental rights by preventing pollution of nature as a result of urban planning activities are also consolidated.
- Constitutional amendments are becoming an important factor in the consistent implementation of the principle of separation of powers – the basis for the democratization of the entire system of state power.