Gender and Land Rights Database

Turkmenistan

Women's property and use rights in personal laws

Marriage and Family Code, adopted in 1969 with latest amendments and addenda of 2007:
- It provides juridical guarantees of equality of rights for women and men in matrimony.
- Article 48 states that a marriage that is concluded under compulsion or with deceit is regarded as invalid (3).
- The minimum legal age for marriage is 16 years for both men and women, or 18 years in the case of marriage to a foreigner.
- Men and women have the same rights and responsibilities in relation to their children, including shared parental authority (10).
- According to Article 21, spouses have equal rights to property, including the disposal of it, even if one of them was occupied in maintaining the domestic household, caring for children or for other plausible reasons did not have an independent income. Property acquired by spouses during a marriage is their common property.
- In the event of the division of the joint property, a court may recognize property acquired by each of the spouses during their separation in the case of a virtual termination of the marriage, as the property of each of them.
-  Article 33 states that without the agreement of the wife, a husband is not entitled to file for the dissolution of the marriage during the pregnancy of the wife or in the course of one year after the birth of a child (3).

Law on Property of 1993:
- The right of property is recognized and protected and the law ensures inviolability, equal protection and equal conditions for the development of all types and forms of property. Objects of property can be: land, subsoil, water resources, forests, flora and fauna and mining allotments. The following objects pertain to State property: land, industrial complexes of the national economy and State enterprises of the agro-industrial complex (14).

Labour Code of 2009:
- It replaced the Labour Code of 1972. Article 18 of the Labour Code states that labour contracts may be of two types: open-ended (unlimited) and fixed-term. Only fixed-term contracts cannot exceed five-year periods (12).
Criminal Code of 1998:
- Article 145 punishes direct or indirect violations or limitations of human rights and civil freedoms as a function of gender (3).
- Rape, including spousal rape, is illegal in the country and is punishable by sentences ranging from 3 to 25 years in prison, depending on the extent of the violence (10).

Sources: numbers in brackets (*) refer to sources displayed in the Bibliography