Date of publication:

01/08/2026

Kyrgyzstan

Do domestic laws and policies provide the right to family life and protect family unity for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Stateless persons
Analysis

The Constitution of the Kyrgyz Republic and the legislation on refugees contain provisions aimed at protecting human rights, family unity and preventing discrimination. Article 24 of the Constitution of the Kyrgyz Republic guarantees the protection of the rights and freedoms of all persons under the jurisdiction of the state and expressly prohibits discrimination on the grounds of gender, race, language, ethnicity, religion, age, political or other beliefs, education, origin, property or other status. This fundamental provision creates the basis for the formation of a non-discriminatory approach towards refugees. The Law on Refugees of March 25, 2002, No. 44, establishes equal legal status for all asylum seekers, without distinction on any grounds: gender, race, language, ethnicity, religion, age, political or other beliefs, education, country of origin, property or other status, as well as other circumstances. The principle of prohibition of discrimination on any grounds is fully consistent with international standards, including the 1951 Convention relating to the Status of Refugees, which prohibits discrimination between asylum seekers. 

The Regulation on Work with Refugees approved by the Resolution of the Government of the Kyrgyz Republic dated "04" April 2003 No. 188 describes in detail the procedures aimed at protecting persons applying for refugee status, including on the grounds of family reunification, including ensuring entry into the territory of the Kyrgyz Republic even in the absence of relevant documents. Immigration control authorities and authorized bodies are required to take measures to register such persons, issue certificates of registration of their applications and further conduct procedures for determining refugee status. 

The Regulation on Work with Refugees establishes that applications are submitted by each family member who has reached the age of eighteen and arrived together with the applicant. Information on persons under eighteen years of age who arrived as part of families of persons applying for refugee status is entered in the application of one of the parents, and in the absence of parents - in the application of their legal representative or in the application of one of their family members who has reached the age of eighteen and voluntarily assumed responsibility for the behavior, maintenance and upbringing of family members who have not reached the age of eighteen. Materials on applications of members of one family are drawn up in one file. Moreover, the Regulation on Work with Refugees includes special guarantees for unaccompanied minors, which demonstrates the state's obligation to take into account the interests of children and ensure their protection. The Regulation on Work with Refugees stipulates that the authorized body, together with UNHCR, assists in the protection of unaccompanied minors, including assistance in establishing the location of parents or other family members for the purpose of their reunification. These measures are not only practical, but also legal mechanisms that ensure a non-discriminatory approach and protection of the interests of unaccompanied minor asylum seekers and the principle of family unity. International law, including the Convention on the Rights of the Child, also imposes obligations on States Parties to facilitate family reunification, especially when it comes to children. The legislation of the Kyrgyz Republic is consistent with these principles, in particular when it comes to the transfer of unaccompanied minors to guardianship and trusteeship authorities, who are obliged to ensure their stay in the country in accordance with the established legislation and make decisions that meet their interests. The principle of non-discrimination is also ensured in relation to spouses, minor children, unmarried persons who arrived separately in the Kyrgyz Republic, who are members of the family of a person whose application is registered or who has already been recognized as a refugee, when submitting an application for family reunification, they must provide documentary evidence or other evidence confirming the existence of family relations. The application indicates "family reunification" as the reason for which they left their country. Thus, the principle of non-discrimination is enshrined both in the Constitution of the Kyrgyz Republic and in the legislation in the field of asylum, which ensures equal legal status and protection of the rights of all persons under the jurisdiction of the state, including refugees and asylum seekers, regardless of their gender, race, language, ethnicity, religion, age or other circumstances. 

 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic on Refugees

    Legal provision

    Preamble

    The Kyrgyz Republic shall grant all refugees equal legal status without any distinction based on gender, race, language, ethnicity, religion, age, political or other beliefs, education, country of origin, property or other status, or other circumstances.

    Article 8 - Granting refugee status to members of a refugee’s family (Principle of family unity)

    If the head of the family has been granted refugee status in the Kyrgyz Republic on the grounds provided for in Article 1 of this Law, then refugee status also extends to his (her) spouse and their minor children, as well as other persons dependent on him (her), provided that they live together. Minor children, spouse, and other persons dependent on him (her) have the right to be reunited with him (her) in the Kyrgyz Republic and to receive refugee status.

    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.