Hon’ble Mr Justice Giyoev Saifullo Nematovich addressing the 8th International Conference of Chief Justices of the World

First of all allow me to express our gratitude to Mr Jagdish Gandhi, the Founder-Manager and organiser of the world summit of judges for his shown initiative to organise and conduct a meeting of Chief Justices of the World.

It is great pleasure that our meeting called by City Montessori School, which has proved its importance in strengthening International Law and empowering the International Court of Justice for regulation of the international behaviour, creation of atmospheres of unity in the world, peace and security for the future of children, conducting in the prospering city of Lucknow.

From our point of view, the meeting of Chief Judges of the World is not only logical continuation, but also promotion of existing large spectra of relations between our countries and nations.

Each developed countries of the world cares about education of new young generation and through this prepares ground for the senior generation.

The under-age and youth generation is consisting the vast majority of population of Tajikistan. The legislation of the country pays special attention for protection of their rights and freedoms.

The Constitution declares that Tajikistan is a sovereign, democratic, law-based, secular and unitary state. Rights and freedoms of people are highest values, which recognised, observed and protected by the state.

According to the Constitution of the Republic of Tajikistan the judicial system is an independent branch of state power, which implements on behalf of the state and by the judges. It is a body, which protects rights and freedoms of individuals and citizen. The activity of judicial bodies based on the Constitutional Law of the Republic of Tajikistan "On Courts of the Republic of Tajikistan" adopted on 6 August 2001.

According to the existing legislation of the Republic of Tajikistan, a child is a person, who didn't reach the age of 18 years (majority) (Article 55 of the Family Code of the Republic of Tajikistan).

Each child without any discrimination and irrespective of race, sex, language, religious belief, national and social origin and property status has right for the protection of family, society and state. Today the provision of the article 24 of "International Convention on civil and political rights" will oblige us to seriously think about protection measures of the world's 2 billion children and the generations yet-to-be-born.

The children due to their physical and metal immaturity required special protection and care, including relevant legal protection both before the birth and also after the birth. The state is interesting in protection of rights and interests of child. The legal regulation of this problem is a guarantee of such protection.

The Republic of Tajikistan adopted number of laws aimed at strengthening of protection of children's rights and interest. On 6 November 1994 the Constitution of the republic of Tajikistan was adopted through universal suffrage, which proclaimed that family, as the basis of society is under the protection of state, as well children are entitled to special care and protection by the state (Articles 33 and 34). Article 34 of the Constitution identified fundamental principle according to which parents are responsible for the upbringing of children, protection of their rights and interests.

The constitutional norms regarding education and upbringing of children are practically used by family legislation. The Family Code of the Republic of Tajikistan in a certain degree will improve legislative norms regarding protection of rights and interests of the children. Such protection is a guarantee for the implementation of rights and obligations in the family-legal relations.

The legal protection will be conducted in concrete cases when the right and interests of participants of the family-legal relation, especially children will be violated. In such case the protection of rights and interests of children has priority.

Today the question of protection of the rights and interests of the children is not only inter-family or inter-government matter.

The necessity of protection of children foresaw in Geneva Declaration on the Rights of Child of 1952 and Declaration of Children rights adopted on 20 November 1959 by the General Assembly. It is also excepted by the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights, International Convention on Economic, Social and Cultural Rights, as well by Charters and other relevant documents of specialised agencies and international organisations dealing with questions of well-being of the children.

In this respect, the UN General Assembly by its resolution 44/25 of 20 November 1989 adopted "Convention on children rights" which came into force on 2 September 1990.
The relations between countries are widening. More and more children are born from joint marriages of peoples of various nationalities and people living in various countries.

Very often there are problems with providing citizens with appropriate judicial protection during the consideration of civil cases.

Such problems exist during addressing of citizen's appeal concerning definition of a residence of children with one of the parents living in the different countries. Because of irregularity of procedures of the consideration of such cases and courts do not consider them. There are also serious problems regarding adoption of children by foreign citizens.

Thus, International Convention "On children rights" envisages adoption of child by foreign citizen, however there is not mechanism of protection of children rights is established for the clear and correct implementation of these norms.

During consideration of such cases the judges have no possibility to check whether adoption of children by foreign citizen comply with children's interest, to check the personality of person who adopted children and legality of all submitted documents, as well his material and family status and housing conditions etc.

Moreover, the mechanism of monitoring of the further destiny of the adopted child by foreign citizen is not developed yet.

Absence of the international norms regulating the procedures of consideration of such proceeding, will hinder under age citizens to implement their rights to judicial protection.

As a result the children will be adopted by foreign citizens who not capable to be parents and sometimes the children are exposed to mockeries and murders, and also they can be used for some other illegal purposes.

Moreover, the process of many countries, including Tajikistan to the market relation is continuing, however, the economic condition of the citizens is low.

The majority part of population capable to work who are not provided with job is forced to go outside of the country to find job. Some of them will stay in these countries to leave permanently. There are many of them who have under-age children in the native country and who need to pay alimony.

They are in order to avoid the fulfillment of these obligations will hidden the place of their residence. Unfortunately, the decision of our courts regarding their inquiry in countries is not implemented.

As result, the children rights who should receive alimony will not be protected.

Despite widening of connection between civil, family, administrative, criminal and other legal relations, there is no mechanism and legal procedures have been established among international communities for the timely consideration of such cases and providing legal support for the citizen.

As result, not always the citizen, especially children have possibility to implement their inalienable rights to judicial protection envisaged by national legislation and other international treaties.

From our point of view, it is time to create a single legal space for the protection of children rights within framework of International Court.

It will not infringe upon sovereignty of our countries be principles of intergovernmental relations.

In the contrary, it seems that it will provide possibility to all citizens despite in which countries they are to implement their rights, as well to provide reliable legal protection.
We should remember that the children are not only our future, but they are also are our today life.

We hope that conducting of such meetings and conferences will playa significant role for the achievement and adoption of common approaches in consideration of possibilities of International Court regarding protection of children's rights and interests and its implementation by our countries.

We think that our meeting will extend our close co-operation and relation between our judicial bodies. We will work for promotion of court's activities in implementation of justice and mainly in protection of rights and interests of children and our citizens, protected by laws and other international treaties.

In conclusion, allow me to express my sincere gratitude to our Indian friends for organising and conducting of such useful meeting and warm hospitality.

Thank you for your attention!