The Constitution of Uzbekistan: the guarantee of human rights and freedoms

In the New Uzbekistan, the emphasis in the ongoing reforms of political, legal and socio-economic modernization is on human rights. Moreover, the state supports the UN's call for the intensification of the movement to respect human rights, which is duly reflected in the Strategy "Uzbekistan - 2030" and corresponds to the Agenda for Sustainable Development for the period up to 2030.

In a referendum held on April 30, 2023, the new version of the Constitution of the Republic of Uzbekistan was approved by the people. The preamble of the Basic Law solemnly proclaims commitment to human rights and freedoms, national and universal values, and principles of State sovereignty. 
In addition, the Constitution, from the first to the last article, is permeated with the ideas of ensuring human rights and freedoms, legitimate interests that contribute to the prosperity of the Motherland and the development of society. The Basic Law, which proclaims the idea of "In the name of human honor and dignity" as one of the greatest values, emphasizes strengthening social protection and creating the necessary conditions for the free development of a person.
The new version of the Constitution of the Republic of Uzbekistan is a powerful legal basis and a reliable guarantee for the long-term development strategy of the Republic and the prosperous future of the people. Indeed, in a legal country, all processes are based on legal grounds, where civil servants must consider all issues from a legal point of view. In addition, all citizens are equal before the law, and the highest State authorities also obey the laws and ensure their strict enforcement.
In a democratic State governed by the rule of law, in addition to defining the inviolability and indivisibility of fundamental human rights and freedoms, it is also important to recognize that they belong to everyone from the moment of birth.
In this regard, article 19 enshrines basic, natural and inalienable human rights as the most important task of the State and society (to life, freedom, privacy and housing, asylum, property, judicial protection, freedom of speech and religion, movement, choice of place of residence, citizenship, work, education, medicine and others).
The provision that human rights and freedoms belong to him from the moment of birth is reflected in more than 80 international human rights instruments to which Uzbekistan has acceded. Among them are the seven main UN conventions on human rights and their additional protocols, UNESCO, ILO conventions, OSCE documents on human dimensions, as well as regional organizations such as the OIC and the CIS.
It is worth noting that in the new version of the Constitution, the principle of "state - society - man" has been changed to "man - society - state". The goal is to ensure the priority of the interests of human rights and freedoms. This is defined as the highest duty of the State. In this regard, the guarantees of human rights are only being strengthened.
The Constitution of the Republic of Uzbekistan defines the political, economic and social structure of the country and guarantees the fundamental rights and freedoms of citizens. Article 20 enshrines the important provision that human rights and freedoms operate directly. On the one hand, this norm ensures the strengthening, expansion and development of the legal status of an individual, and on the other hand, the improvement of the mechanism of its legal protection.
As part of the ongoing reforms in Uzbekistan, a number of measures have been implemented aimed at elevating human honor and dignity. Among them:
• establishment of a system of interaction with the population, providing closer contact and feedback between citizens and the government;
• Cardinal reform of the registration system, which previously could limit human rights, for example, in terms of freedom of movement and choice of place of residence;
• the introduction of the principle of extraterritoriality in the provision of public services, allowing citizens to receive them regardless of their place of residence or actual residence;
• establishing requirements for the permanent reporting of officials to the public, which contributes to increasing the transparency of their activities;
• The abolition of forced labor, which is an important step in respecting human rights and freedoms.
These measures contribute to improving the lives of the population, strengthening civil rights and freedoms, as well as increasing the level of trust in the Government. They reflect Uzbekistan's desire to create a more open, just and democratic society.
In the context of information wars and socio-political events in the world, it is important that the exercise of human rights and freedoms does not infringe on the rights and interests of other people, society and the state. 
In turn, article 21 defines the grounds for restricting human rights and freedoms. In particular, they may be restricted in accordance with the law and only to the extent necessary to protect the constitutional order, public health, public morals, the rights and freedoms of other people, and to ensure public safety and order. 
In addition, the above-mentioned restrictive norms are also applicable to freedom of speech. The right to search, receive and disseminate information may be restricted in order to protect the constitutional order, public health, public morality, the rights and freedoms of others, public safety and order, as well as to prevent the disclosure of State secrets or other secrets protected by law. 
The grounds for restricting human rights should be determined only by laws, and acts of ministries, departments and organizations cannot restrict the rights of citizens. All contradictions and uncertainties in legislation that arise in the relationship between a person and government agencies should be interpreted in favor of the former. In case of disagreement between normative legal acts having equal legal force, constitutional norms serving the interests of citizens should be applied. 
It is important to note that article 109 of the Basic Law specifically states that the President of the Republic of Uzbekistan acts as a guarantor of respect for the rights and freedoms of citizens, the Constitution and laws. This provision emphasizes the personal responsibility of the head of State for the rights and freedoms of every person. 
The results of recent years show that the new version of the Constitution meets the requirements of the time and is viable. The purpose and essence of the Basic Law is to create decent conditions for human life and happiness. 

Nodir Gafurov.
Responsible employee of the Institute of Legislation and Legal Policy under the President of the Republic of Uzbekistan.