Date of publication:
02/03/2026
Kyrgyzstan
How do domestic laws and policies define "family"?
Assessment by population
Analysis
The Law of the Kyrgyz Republic "On Refugees" dated March 25, 2002, № 44, contains a definition of family members of a person applying for refugee status or who has already been recognized as a refugee. This concept includes the spouse, their minor children, and other dependent relatives, provided they live together in the territory of the Kyrgyz Republic. The mention of "other relatives" indicates the possibility of a broader interpretation of the composition of the family, which may include, for example, parents, adult children, brothers and sisters, or other persons dependent on the head of the family. The principle of family reunification, enshrined in Article 8 of the Law, provides that if the head of the family is granted refugee status, this status automatically extends to his/her spouse, minor children, and dependents, provided they live together. Thus, the legislator emphasizes the importance of maintaining family unity, including not only members of the nuclear family (spouses and children), but also other dependents, which confirms the flexible approach to determining the composition of the family.
An important role in defining marriage is played by the Family Code of the Kyrgyz Republic, from August 30, 2003 № 201, according to which a marriage is recognized as concluded only when it is registered with the state registration bodies of civil status acts or local government bodies with the relevant powers (Article 1). However, in the context of protecting the rights of refugees, the legislator takes into account that such institutions may not exist in the countries of origin of asylum seekers. This is reflected in the Regulation on Work with Refugees, which allows for the possibility of family reunification for those who are not in an officially registered marriage and who arrived separately in the Kyrgyz Republic, but can provide evidence of the existence of family ties (clause 18 of the Regulation on Work with Refugees).
Recognition of such evidence shows that the legislator allows for a variety of family formats. Documents or other evidence confirming kinship or dependence may be provided in any form, and their list is not strictly regulated. This creates conditions for an individual approach to each case, allowing for cultural, social and personal circumstances to be taken into account.
Thus, the extended family, like the concept of dependence, plays an important role in identifying family members. Dependents are individuals whose existence significantly depends on relatives not only in economic, but also in emotional, social and cultural senses. This approach allows for taking into account the specifics of different cultural and social systems, where the role of the family can be much broader.
The legislation of the Kyrgyz Republic recognizes the need for a flexible approach to defining a family. The principles enshrined in the Law "On Refugees" reflect the desire to ensure the protection and unity of families, taking into account their diversity and characteristics. This approach not only promotes compliance with international standards, but also emphasizes the humanistic aspect of refugee policy.
Related provisions of domestic law or policy
The Law of the Kyrgyz Republic on Refugees
- Year: 2002
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2002/en/119852?prevDestination=search&prevPath=/search?keywords=Law+on+refugees&order=desc&page=1&sm_country_name%5B%5D=Kyrgyzstan&sort=score&result=result-119852-en
Legal provision
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.