Beard phobia is a shame for Uzbekistan
Recently, we have been hearing a lot of news about bearded citizens being questioned by law enforcement agencies and their beards being shaved. What is the real reason for this? Don't the people at the top like bearded men?! Or is this also a manifestation of Islamophobia?!
We will look at it from a social and legal point of view. So, serious raids against citizens' beards or mustaches and hair in general, especially the "catch" of people leaving the mosque as if hunting a rabbit, look very funny and ugly.
This situation can be viewed as socially shameful and absurd. Because there are bearded bikers, vagabonds, representatives of other nationalities, religious people coming out of church or synagogue in the society, but for some reason, the fact that law enforcement agencies prohibit Muslims in this regard causes many questions and objections. Even recently, the attack on a bearded German tourist in the form of a Muslim by the officers of our body caused wide discussions in international social networks. Such events do not affect the reputation of our country. From a social point of view, it becomes clear that this does not express the will of ordinary people, but rather leads to an increase in distrust and anger towards the authorities in society.
"The number of people with beards or women wearing headscarves is increasing in the country, and it is increasing among young people," and comparing it with social science and the real situation shows that it is far from the truth. In general, no one is given the right to touch the hair on someone's face and the simple scarf on their head! A person wants to have his personal space and place in society, and if his actions do not harm others, there can be no talk of a ban, right?! Even in this situation, some people are trying to create artificial fear and absurd situations among the people. It is said that the Muslim beard or modesty headscarf is "dangerous" for the society. Now think logically, how can a person's hair and simple clothes pose a threat to the entire society?!
The social aspects of this issue are a separate big topic and a form of discrimination against Muslims.
For example:
- such persecutions can lead to an increase in the feeling of dissatisfaction in the society, which in turn makes social integration difficult;
- it can cause certain groups to feel persecuted and polarize the society;
- such persecution leads to distance between the society and the government and increases the tension between them;
- increases the feeling of social injustice in society.
The legal side of the issue is more extensive and relevant, it contains comments and examples from existing court cases.
Article 19 of the Constitution of the Republic of Uzbekistan states: "In the Republic of Uzbekistan, human rights and freedoms are recognized and guaranteed in accordance with the generally recognized norms of international law and in accordance with this Constitution. Human rights and freedoms belong to everyone from birth.
In the Republic of Uzbekistan, all citizens have the same rights and freedoms and are equal before the law, regardless of gender, race, nationality, language, religion, belief, social origin, and social status.
Let's interpret this article (because our Constitutional Court, which should interpret it, is "sleeping").
The article states that every person living in Uzbekistan (regardless of who they are, whether they are citizens, foreigners, religious or non-religious) has the rights recognized in international law (ie the Universal Declaration of Human Rights, human rights covenants, etc.) and such rights are guaranteed, i.e. provided, by the Republic of Uzbekistan. It should be noted that the Universal Declaration of Human Rights and universally recognized principles and norms of international law are part of the legal system of the Republic of Uzbekistan and have legally binding force on the territory of Uzbekistan.
For example, Article 3 of the Universal Declaration of Human Rights states that "everyone has the right to life, liberty and security of person." Personal privacy is defined as "not interfering with a person's personal life (including clothing, walking, property, personal tools) without warning and without any legal basis." It is also said that all citizens of Uzbekistan are equal before the law, regardless of gender, race, nationality, language, religion, belief, social origin, social status. Let's say, for example, a decision was made on shaving, in fact, such a decision is completely contrary to international law and the constitution. This decision should be applied to all sections of society - not only to those who leave the mosque, i.e. Muslims. From this, it is clear that any protest or action against bearded people is completely contrary to international law and human rights guaranteed by the Constitution.
Also, Article 20 of the Constitution states that "the rights and freedoms of a person enshrined in the Constitution and laws are inviolable and no one has the right to deprive them of them or limit them without a court decision" is the basis of our above opinions.
Our Constitution is one of the most basic and important documents, and no one has the right to ignore it or not fulfill the existing requirements!
Also, in the period from July 13 to August 13 of this year, 15 administrative cases were considered by the administrative courts of Uzbekistan based on Article 184, paragraph 4 of the Code of Administrative Responsibility of the Republic of Uzbekistan, "Being in public places in a way that does not allow identification." In particular, 5 cases were initiated in relation to mutual bullying and Article 184 of the Criminal Code, that is, the persons who committed the bullying were taken as a basis for prosecution because they were wearing a beard. For example, we quote from one administrative case:
"According to the case documents, on April 26, 2024, during the special preventive measures for the health of the religious environment in the Jizzakh region, Asrorov Asror Asrorovich (the name of the person has been changed) was found to be growing a beard in a public place in the Zargarlik neighborhood of the city of Jizzakh in a way that does not allow identification of his identity. an administrative report was drawn up on the situation." Any lawyer or other professional who sees that shaving or removing headscarves is understood as a preventive measure for the health of the religious environment.
The good news is that in 2 out of 10 administrative cases (judges with strong legal knowledge) the court decided that Article 184 of the Civil Code cannot be applied to a beard.
It is desirable to decriminalize Article 184 of the Criminal Code or write the disposition part clearly and clearly. Otherwise, many citizens will suffer due to their naivety, ignorance of their rights, or ignorance of the fact that there is no responsibility for wearing a beard or headscarf, as mentioned in the two cases above. The cause of injustice, absurd acts and court decisions is the loss of citizens' trust in the state and the court.
We believe that these errors should be resolved as soon as possible.
In foreign experience, for example, in German law, removing a beard is considered a clear violation and threat to a person's privacy. The federal court of Switzerland also determined that demanding a person to shave is a gross violation of privacy.
It is necessary to check the proportionality of the level of interference with the right to privacy. There may also be situations in which shaving is mandatory - for example, during the capture of a spy for identification and forensic examination. Such political intervention can be justified if the general goal is of high social importance. It is also necessary that when separate norms are adopted, it should be specified in what situations it is necessary to remove them and they should comply with the proportionality principles.
Judging from the above, shaving a person's beard, shaving it or taking it for investigation - all this is contrary to public legal principles, international law, human rights and the Constitution of the Republic of Uzbekistan.
