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As part of ongoing collaboration to advance women's rights in Turkmenistan, Progres Foundation and The Advocates for Human Rights recently published a legal commentary, "Analysis of Amendments to Turkmenistan's Divorce Law," to align Turkmenistan's national legislation with international standards and best practices. The commentary forms part of a broader advocacy effort, which includes submissions to the United Nations (UN) Committee on the Elimination of Discrimination Against Women (CEDAW), Committee of Economic, Social, and Cultural Rights (CESCR), and the Committee Against Torture (CAT), encouraging the government to strengthen compliance with international human rights obligations. These joint advocacy efforts have yielded promising results at the international level. Across all three reviews, the committees made key recommendations—such as adopting a comprehensive domestic violence law and mandating trauma-informed training for state actors. Notably, the CAT and CESCR supported reforming the Criminal Code and improving victim-survivor protection, while CEDAW refrained from expressing its support for these reforms. 

This analysis focuses on 2024 changes to Turkmenistan's Family Code and Civil Procedure Code which risk disproportionately harming women—especially those subjected to domestic violence—by imposing procedural hurdles and reinforcing deeply rooted gender biases. The law now requires a three-month mandatory "reconciliation" period, extendable to nine months, even in cases of abuse, prior to effectuating a divorce. It also makes it easier to withdraw divorce petitions and removes the option to proceed without the other spouse's presence. Judges must now attempt to reconcile couples and assess their family dynamics—changes that prolong exposure to violence for victim-survivors and add new legal hurdles when trying to leave harmful relationships.

The impact of violence is widespread throughout Turkmenistan and encompasses children. A UNFPA survey found that in 25% of families where the husband or partner perpetrates physical abuse, children have witnessed domestic violence. According to a 2025 UNICEF report, 49% of children (ages 1 to 14 years) experienced corporal punishment by caregivers in Turkmenistan, the highest rate in Central Asia. Of this age group, 45% of girls experienced such physical punishment.

Influencing Turkmenistan's response—or lack thereof—toward domestic violence, gender stereotypes are defined by the UN High Commissioner for Human Rights as "a generalized view, belief, or preconception of attributes or characteristics that are or ought to be possessed by, or the roles that are or should be performed by, men and women." These stereotypes discourage women from reporting abuse based on fear, stigma, or repercussions for speaking out against their aggressor. The Health and Status of a Woman in the Family in Turkmenistan report reveals more than 80% of women seek help only when violence becomes unbearable—often when their children are threatened. Many turn to family members instead of authorities, with only 9.8% reporting to the police, 5.9% to courts, and fewer to medical institutions.

In addition to these societal barriers, legal and institutional gaps exacerbate the problem. For example, provisions in the Criminal Code, such as lighter sentencing when the victim is accused of "immoral behavior," contribute to a culture of impunity. Turkmenistan lacks a comprehensive domestic violence law, civil protective orders, and legal recognition of marital rape. As documented by Progres and The Advocates, authorities rarely investigate or prosecute domestic violence cases. When they do, offenders often receive only minimal sentences.  

Rather than prioritizing survivor protection, the recent legal reforms in Turkmenistan protract divorce proceedings and heighten the risk of further violence. The Family Code now imposes a waiting period that prolongs exposure to abuse and delays access to safety. By enabling unilateral withdrawal of divorce petitions and removing the option for divorce in absentia, it effectively traps women who are in unsafe marriages and seeking safety through divorce. The Civil Procedure Code adds further harm by requiring judges to attempt reconciliation, a process that can retraumatize survivors. Real-world examples from China and Uzbekistan show how such "reconciliation" periods can endanger victim-survivors. In some cases, the consequences are so severe they reached the European Court of Human Rights, as in Petrakova and Others v. Russia and Gracheva v. Russia.

Progres Foundation Executive Director Aynabat Yaylymova has witnessed the power of these joint advocacy efforts and is confident that "With the strategic support from our international partners, we're drawing attention to major structural issues in order to move the government to take actions that will benefit women and families in Turkmenistan." Visibility and pressure must be sustained. In a restrictive civil society environment like the one in Turkmenistan, strategic and persistent advocacy rooted in the realities of survivors remains essential for driving meaningful reform. 

To move toward a legal system aligned with international standards and best practices, Turkmenistan must adopt a survivor-centered approach. While some joint recommendations byProgres and The Advocates are reflected in UN recommendations, other urgent reforms remain unaddressed and must be reinforced. These include removing perpetrator-friendly legal provisions, ensuring that divorce proceedings do not retraumatize survivors through forced reconciliation, and enabling expedited rulings in cases involving abuse, without requiring in-person attendance. A recent report by Progres Foundation highlights other challenges and recommendations for reform in this area. The state should also implement confidential screening procedures for domestic violence during divorce proceedings and establish access to shelters, free legal aid, psychological counseling, and financial support.

by Eugenia Ricciotti