Date of publication:

08/22/2025

Kyrgyzstan

Do domestic laws and policies provide access to mental health care services for forcibly displaced and stateless persons?  

ANALYSIS

Assessment by population

Assessment by population
IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The laws and public policies of the Kyrgyz Republic ensure access to mental health services, enshrining the rights of citizens and regulating the provision of psychiatric and drug addiction care. This is in line with international obligations, including the right to the highest attainable standard of health, as provided for in the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of Persons with Disabilities (CRPD). 

According to the Law of the Kyrgyz Republic "On the Protection of Health of Citizens" of January 12, 2024 №14, mental health is defined as a state of psychological and social well-being in which a person realizes his or her potential, effectively copes with life's difficulties and stresses, carries out productive activities and contributes to the development of society (Article 3). 

The main principle of the state policy in the field of health protection is the observance of the rights of citizens and the prevention of discrimination in the provision of medical and sanitary care (Article 5). This provision is especially important for persons with mental and behavioral disorders, whose rights are additionally protected. 

In accordance with Article 76 of the Law "On the Protection of Health of Citizens" of January 12, 2024 №14, the state guarantees the provision of various types of psychiatric and drug addiction care. These include: Emergency care provided in acute conditions that threaten the patient's life, consultative, diagnostic, therapeutic and rehabilitation care provided both in outpatient and inpatient settings. 

According to Chapter 11 of the State Guarantees Program approved by the Resolution of the Cabinet of Ministers of the Kyrgyz Republic dated September 21, 2023 № 493 for Providing Citizens with Medical and Sanitary Care, specialized psychiatric care in the Kyrgyz Republic is provided both in outpatient and inpatient settings. Specialized psychiatric care in outpatient settings is provided by the following institutions: 

-family medicine centers; 

-general practice centers; 

-family doctor groups; 

-mental health centers. 

In accordance with the established rules, laboratory diagnostic tests and consultative and therapeutic care are provided free of charge to the following categories of citizens: 

-Persons suffering from mental disorders. 

-Children under the age of 18. 

- Military personnel serving under contract (officers, warrant officers, sergeants, sergeants and privates) and conscripts. 

- Internationalist soldiers who became disabled as a result of military service. 

- Participants and persons who became disabled as a result of the liquidation of the consequences of the accident at the Chernobyl nuclear power plant. 

- Persons undergoing initial psychiatric examination, initial forensic psychiatric examination, initial forensic psychological and initial forensic psychological-psychiatric examination by decision of judicial or investigative bodies. 

- Persons who have become victims of human trafficking. 

- Persons receiving monthly social benefits. 

For other categories of citizens, as well as for persons undergoing a repeated psychiatric examination, forensic psychiatric examination, forensic psychological or forensic psychological-psychiatric examination by decision of judicial or investigative bodies, laboratory diagnostic tests and advisory and medical care are provided on a paid basis according to the price list. 

Specialized psychiatric care in inpatient settings is provided by mental health centers. Hospitalization of patients suffering from mental illnesses is free of charge. 

These provisions are aimed at ensuring equal access to quality psychiatric care for all categories of citizens, as well as social protection of vulnerable groups of the population. 

Moreover, the Law "On the Protection of Citizens' Health" of January 12, 2024 №14 regulates the following: 

- Diagnosis of mental and behavioral disorders is carried out on the basis of international standards, such as the International Classification of Diseases (ICD). This provision is enshrined in Article 82, paragraph 1. It is prohibited to make a diagnosis based on subjective factors, such as a citizen's disagreement with the norms accepted in society or his personal beliefs. - Outpatient care is organized depending on medical indications. Advisory and medical care is provided upon voluntary request of the patient or with his/her consent (Article 82, paragraph 3). For minors, such services are provided only with the consent of parents or other legal representatives. 

- For persons with chronic and severe disorders, a dynamic observation regime is introduced (Article 82, paragraph 4). This is a form of medical support that includes regular examinations by a psychiatrist and the provision of social assistance. The decision on the need for such observation is made by a medical commission (Article 82, paragraph 5). It is terminated when the patient's condition significantly improves, but can be resumed if the disease worsens. 

- According to Article 82, paragraph 6, medical means and methods are used exclusively for diagnostic and therapeutic purposes.  

The law prohibits their use to punish the patient or in the interests of third parties. This provision ensures that medical care is provided exclusively in the interests of the patient, with respect for his rights and dignity. 

It should be noted that compulsory treatment is possible only by a court decision and is applied to persons with mental disorders who have committed socially dangerous acts (Article 83, paragraph 1). Such measures are carried out in psychiatric institutions, with respect for the rights of citizens and the provision of social support. 

It is important to note that in order to strengthen the healthcare system, improve the availability and quality of psychiatric care, reduce the level of stigmatization and suicide, protect the rights of vulnerable groups, promote the development of personnel, scientific research, the Resolution of the Government of the Kyrgyz Republic dated March 1, 2018 № 119 approved the Program of the Government of the Kyrgyz Republic for the protection of mental health of the population of the Kyrgyz Republic for 2018-2030. In particular, the Program provides for measures to harmonize legislation, improve mechanisms for interdepartmental cooperation, and involve non-governmental organizations in providing mental health services. The Program assumes ensuring the availability of integrated mental health services at the community level. To this end, it provides for the development of a network of social and medical institutions, including the creation of semi-stationary rehabilitation centers, mobile teams, and crisis centers, as well as the integration of psychiatric care into the primary health care system. It is planned to improve the financing system, increase the availability of psychotropic drugs, especially in remote regions, and develop mechanisms for sustainable financing of social services. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of Kyrgyz Republic on the Protection of Citizens' Health

    Legal provision

    Article 5 - Basic principles of state policy in the field of public health protection in the Kyrgyz Republic

    The basic principles of state policy in the field of public health protection in the Kyrgyz Republic are: 1) respect for the rights of citizens to health protection and non-discrimination in the provision of medical care, taking into account the age and gender needs of various social groups and ensuring social protection in the event of loss of health by citizens; 2) accessibility of medical and sanitary-preventive care for all groups of the population, creation of equal opportunities for persons with disabilities in receiving medical care; 3) development of the healthcare sector in accordance with the needs of all groups of the population by forming a comprehensive integrated system of medical care and creating equal conditions for the functioning of healthcare organizations, regardless of their form of ownership; 4) free/preferential use by citizens of medical and sanitary-preventive care within the framework of the State Guarantees Program; 5) responsibility of citizens for maintaining and strengthening their health, the health of their children, parents and other persons; 6) scientific validity of medical and sanitary measures; 7) preventive focus of healthcare with the formation of a commitment to a healthy lifestyle among the population with the active participation of the population and public organizations in resolving healthcare issues; 8) responsibility of state authorities and local governments, legal entities and officials for failure to provide state guarantees in maintaining and strengthening the health of citizens; 9) responsibility of persons providing medical and sanitary care for failure to provide its safety and quality; 10) voluntary donation of blood and its components, as well as a guarantee of maintaining health and respect for the rights of the donor when performing the donor function, with the provision of state guarantees and social protection; 11) priority of observance of human rights and freedoms in the implementation of sexual and reproductive rights; 12) the focus of state programs on improving the demographic development of the Kyrgyz Republic; 13) implementation of generally recognized principles and norms of international law, as well as international obligations of the Kyrgyz Republic.

    Article 76 - Types of psychiatric and drug addiction care and social protection guaranteed by the state

    1. The state guarantees: 1) emergency psychiatric and drug addiction care; 2) consultative and diagnostic, therapeutic, psychoprophylactic, rehabilitation care in outpatient and inpatient settings according to the list of diseases approved by the Cabinet of Ministers; 3) all types of psychiatric, medical-psychological and drug addiction examination, determination of temporary disability; 4) social and legal assistance and assistance in finding employment for persons suffering from mental disorders; 5) resolution of guardianship issues; 6) consultations on legal issues and other types of legal assistance in psychiatric, drug addiction organizations and social inpatient institutions; 7) social and everyday arrangements for persons with disabilities and elderly citizens with mental and behavioral disorders, as well as care for them; 8) training of persons with disabilities and minors with mental and behavioral disorders; 9) psychiatric and psychological assistance in the event of natural disasters and catastrophes. 2. In order to provide persons with mental and behavioral disorders and their social protection, the state: 1) creates all types of organizations providing outpatient and inpatient psychiatric, drug addiction and medical-psychological assistance, if possible at the place of residence of the patients; 2) organizes general education and vocational training of minors with mental and behavioral disorders; 3) creates medical and industrial enterprises for occupational therapy, training in new professions and employment at these enterprises of persons with mental and behavioral disorders, including persons with disabilities, as well as special production facilities, workshops or sections with easier working conditions for such persons; 4) establishes mandatory quotas of jobs at enterprises, institutions and organizations of various profiles for the employment of persons with mental and behavioral disorders; 5) applies methods of economic incentives for enterprises, institutions and organizations providing jobs for persons with mental and behavioral disorders; 6) creates hostels for persons suffering from mental and behavioral disorders who have lost social connections; 7) takes other measures necessary for social support of persons with mental and behavioral disorders.

    Article 82 - Diagnosis, Outpatient Care, and Dynamic Monitoring of Persons with Mental and Behavioral Disorders

    1. The diagnosis of a mental and/or behavioral disorder shall be made in accordance with internationally recognized standards and classifications. It may not be based solely on a person’s disagreement with moral, cultural, political, or religious values accepted in society or for other reasons not directly related to the individual’s mental health condition. 2. For the diagnosis and treatment of a person with a mental and behavioral disorder, medical tools and methods permitted under the health care legislation of the Kyrgyz Republic shall be used. 3. Outpatient psychiatric care for a person with a mental and/or behavioral disorder, depending on medical indications, shall be provided either as consultative and therapeutic assistance or as dynamic monitoring. Consultative and therapeutic care is provided by a psychiatrist or narcologist upon the individual’s voluntary request, at their request, or with their consent. For a minor under the age of 18, it is provided upon the request or with the consent of parents or another legal representative. 4. Dynamic monitoring may be established regardless of the consent of the person with a mental and/or behavioral disorder or their legal representative if the individual has a chronic and prolonged mental and/or behavioral disorder characterized by severe persistent or frequently recurring pathological symptoms. It involves regular examinations by a psychiatrist and the provision of necessary medical and social assistance. 5. The decision to initiate or terminate dynamic monitoring shall be made by a commission of psychiatrists appointed by the administration of a psychiatric or narcological organization providing outpatient psychiatric or narcological care, or by a commission of psychiatrists designated by a health authority. Previously established dynamic monitoring shall be terminated upon recovery or significant and sustained improvement in the individual’s mental condition. After termination of dynamic monitoring, outpatient psychiatric or narcological care may continue in the form of consultative and therapeutic assistance at the request or with the consent of the individual or their legal representative. In case of changes in the mental state, the person may be subject to examination without their consent or the consent of their legal representative under the grounds and procedures set forth in Part 4 of Article 84 and Articles 85 and 88 of this Law. Dynamic monitoring may be resumed in such cases by decision of a commission of psychiatrists and narcologists. 6. Medical tools and methods shall be used solely for diagnostic and therapeutic purposes in accordance with the nature of the disorder. They must not be used as a form of punishment for the person with a mental and behavioral disorder or in the interest of other individuals.

    Article 83 - Compulsory Medical Measures

    1. Compulsory medical measures with respect to persons with mental and/or behavioral disorders who have committed socially dangerous acts shall be applied by a court decision, based on the grounds and in the manner established by the Criminal Code and the Criminal Procedure Code of the Kyrgyz Republic.

    The State Guarantee Program for Providing Citizens with Medical and Sanitary Care

    Legal provision

    Chapter 11 - Specialized Psychiatric Care

    68. Specialized psychiatric care in outpatient settings is provided by: - family medicine centers; - general practice centers; - family doctor groups; - mental health centers. 69. Conditions for the provision of specialized psychiatric care in outpatient settings of ADO/KDO mental health centers: laboratory diagnostic tests and consultative and therapeutic care are provided free of charge: - persons suffering from mental disorders; - children under the age of 18; - military personnel serving under contract (officers, warrant officers, sergeants, sergeants and privates), and conscripts; - internationalist soldiers who became disabled as a result of military service; - participants and persons who became disabled as a result of the liquidation of the consequences of the accident at the Chernobyl nuclear power plant; - persons undergoing an initial psychiatric examination, an initial forensic psychiatric examination, an initial forensic psychological examination and an initial forensic psychological-psychiatric examination by decision of judicial or investigative bodies; - persons who have become victims of human trafficking; - persons receiving monthly social benefits. For other categories of persons, as well as persons undergoing a repeat psychiatric examination, a repeat forensic psychiatric examination, a repeat forensic psychological examination and a repeat forensic psychological-psychiatric examination by decision of judicial or investigative bodies, laboratory diagnostic tests and consultative and therapeutic care are provided with payment of the full cost of medical services according to the price list. 70. Specialized psychiatric care in inpatient settings is provided by mental health centers. 71. Conditions for the provision of inpatient specialized psychiatric care: - hospitalization of patients suffering from mental illnesses is free of charge; - hospitalization of patients in psychosomatics and narcology departments is carried out with the introduction of a co-payment for the therapeutic profile. The amounts of co-payment, differentiated depending on the availability of rights to benefits, are provided in paragraph 60 of this Procedure.