Date of publication:

01/09/2026

Kyrgyzstan

Do domestic laws and policies provide forcibly displaced and stateless persons who face violations of their right to social protection with access to effective administrative or judicial remedies?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The national laws and policies of the Kyrgyz Republic provide refugees legally staying in the country with the right to protection of their rights and freedoms, including the possibility of appealing to the court in case of their violation. The Constitution of the Kyrgyz Republic in Article 52 guarantees that foreign citizens and stateless persons staying in the country have the same rights and obligations as citizens, except in cases stipulated by laws or international treaties. This includes the right to judicial protection of their rights if they have been violated, which is confirmed in Article 61 of the Constitution. According to this article, everyone has the right to judicial protection of their rights and freedoms, and the state is obliged to promote the development of extra-judicial and pre-trial methods of protecting rights and freedoms, ensuring access to justice for all persons. In addition, the Constitutional Law on the Supreme Court and Local Courts of November 15, 2021 № 134 in Article 3 enshrines the principle of equality of all before the law and the courts, guaranteeing impartial consideration of cases and the right of every person to appeal to a court with appropriate jurisdiction. This ensures the possibility of appealing to the court not only by citizens of Kyrgyzstan, but also by refugees and stateless persons legally residing in the territory of the republic, to protect their rights and restore violated freedoms. 

Also, the Law of the Kyrgyz Republic "On Refugees" of March 25, 2002 №44, in accordance with the international obligations of Kyrgyzstan, guarantees refugees the right to judicial protection in the event of violation of their rights. An important point is that discrimination on any grounds, including refugee status, is prohibited, which ensures equal treatment of all persons, including those seeking asylum or who are refugees, in judicial proceedings. 

Thus, the legislation of the Kyrgyz Republic provides refugees and stateless persons legally residing in the country with the opportunity to seek protection of their rights in court if these rights have been violated, regardless of their status, which complies with international human rights standards and the country's obligations. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of the Kyrgyz Republic

    Legal provision

    Article 24 - Non discrimination

    1. The Kyrgyz Republic shall ensure the protection of the rights and freedoms of all persons within its territory and under its jurisdiction. No one shall be discriminated against on the basis of gender, race, language, disability, ethnicity, religion, age, political or other beliefs, education, origin, property or other status, or other circumstances. Persons who have committed discrimination shall be held accountable in accordance with the law. Special measures established by law and aimed at ensuring equal opportunities for various social groups in accordance with international obligations shall not constitute discrimination. 2. In the Kyrgyz Republic, everyone is equal before the law and the court. 3. In the Kyrgyz Republic, men and women have equal rights and freedoms and equal opportunities for their realization.

    Article 61 - Guarantee of protection of rights and freedoms

    1. Everyone is guaranteed judicial protection of his rights and freedoms provided for by the Constitution, laws, international treaties to which the Kyrgyz Republic is a party, and generally recognized principles and norms of international law. 2. Everyone has the right to protect his rights and freedoms, as well as to ensure the restoration of violated rights by all available means not prohibited by law. 3. The state ensures the development of extra-judicial and pre-trial methods, forms and ways of protecting the rights and freedoms of man and citizen.

    The Law of the Kyrgyz Republic "On the Legal Status of Foreign Citizens"

    Legal provision

    Article 20 - Protection of the rights of foreign citizens

    Foreign citizens in the Kyrgyz Republic have the right to appeal to the court and other state bodies to protect their personal, property, family and other rights. They enjoy procedural rights in court on an equal basis with citizens of the Kyrgyz Republic.

    The Law of the Kyrgyz Republic on Refugees

    Legal provision

    Article 6 - Rights and obligations of a person who has applied for recognition as a refugee

    A person applying for recognition as a refugee in the Kyrgyz Republic and his family members have the right to: - move freely throughout the territory of the Kyrgyz Republic, with the exception of areas closed to foreign citizens in accordance with the legislation of the Kyrgyz Republic; - reside in a place of temporary settlement and use public utilities; - use medical care; - to have the Kyrgyz Republic assist in obtaining information about relatives living in the country of citizenship; - to voluntarily return to the country of citizenship; - to leave for a place of residence in a foreign country; - to be provided with judicial protection; - to receive an education; - to receive the services of an interpreter; - to be exempt from paying expenses related to the consideration of an application for refugee status at all stages.

    Article 13 - Rights and obligations of a refugee in the Kyrgyz Republic

    A person recognized as a refugee in the Kyrgyz Republic enjoys the same rights and bears the same obligations as foreign citizens permanently residing in the Kyrgyz Republic. A person recognized as a refugee in the Kyrgyz Republic shall also be granted the rights and obligations of a person applying for refugee status, as stipulated by Article 6 of this Law. A person recognized as a refugee in the Kyrgyz Republic and his family members shall have the right to: - reside for three months in a temporary settlement; - choose a settlement from among those proposed by the Authorized Body in which his relatives reside as their place of permanent residence, subject to their consent to cohabitation; - work for hire or engage in entrepreneurial activity in accordance with the legislation of the Kyrgyz Republic; - acquire real estate under the conditions established for foreign citizens and stateless persons by the legislation of the Kyrgyz Republic; - receive, with the assistance of the relevant state bodies of the Kyrgyz Republic, information about property left behind in the state of previous residence; - have the necessary documents proving his identity and travel documents; - to receive medical care on an equal basis with citizens of the Kyrgyz Republic; - to receive administrative assistance when applying to state bodies of the Kyrgyz Republic; - to mandatory registration of civil status acts and receipt of relevant documents.