Date of publication:

01/08/2026

Kyrgyzstan

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

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 "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. 

In this way, 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. 

Moreover, victims of violations of the right to health have the opportunity to demand adequate compensation for damages provided for by law, including compensation and guarantees of non-repetition of violations. 

According to the Law "On the Protection of Citizens' Health" of January 12, 2024 №14, medical and pharmaceutical workers are liable for violation of medical ethics, causing harm to the health of citizens and disclosure of medical secrets in accordance with the legislation of the Kyrgyz Republic, including civil, administrative and criminal law (Article 179). This means that in the event of a proven violation of the right to health, affected citizens can demand compensation for damages caused by the actions or inaction of medical workers. 

Healthcare organizations, regardless of their form of ownership, are also liable for damage caused to the health of citizens in the manner and to the extent stipulated by the legislation of the Kyrgyz Republic (Article 180, paragraph 1). However, it should be noted that their liability does not extend to funds and property used to provide medical and preventive services (paragraph 2 of Article 180). 

It is important to emphasize that healthcare organizations are not liable for damage caused to the patient's health if the patient did not comply with the instructions of the attending physician (clause 3 of Article 180). In such a case, to establish liability, it is necessary to prove the fact of violation of the instructions or actions that contradict the recommendations of medical workers. If the actions, decisions or inaction of medical workers infringe on the rights of citizens, they can be appealed in an administrative or judicial manner (clause 4 of Article 180). This gives victims the opportunity to protect their rights through the mechanisms provided for by the legislation of the Kyrgyz Republic, including the prosecutor's office. 

The Law "On the Protection of Citizens' Health" of January 12, 2024 №14 provides for the liability of medical workers and healthcare organizations for violating medical ethics and causing harm to health, as well as the possibility of appealing such violations in an administrative or judicial manner. The legislation also provides mechanisms for compensation for damages, including compensation, in the event of a proven violation of the right to health. Thus, the legal framework ensures access to justice and effective mechanisms for protecting the right to health for all categories of persons. 

    LAW & POLICY

    Related provisions of domestic law or policy

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

    Legal provision

    Article 179 - Liability of medical and pharmaceutical workers

    Medical and pharmaceutical workers, in accordance with the legislation in the field of health care, civil legislation, legislation on offenses and criminal legislation of the Kyrgyz Republic, are liable for violation of medical ethics, damage caused to the health of citizens, disclosure of medical time.

    Article 180 - Liability of health care organizations

    1. Health care organizations, regardless of their form of ownership, providing medical and sanitary care are liable for damage caused to the health of citizens in the manner and to the extent determined by the legislation on health care, civil legislation, legislation of the Kyrgyz Republic on offenses and criminal legislation of the Kyrgyz Republic. 2. The liability of state and municipal health care organizations does not extend to funds and property allocated for activities related to the provision of medical and preventive services to the population. 3. Healthcare organizations are not liable for damage caused to the health of a patient due to his/her failure to comply with the instructions of the attending physician. 4. Decisions, actions (inaction) of medical workers, other specialists, social security and education workers, medical commissions that infringe on the rights and legitimate interests of citizens when providing them with medical care may be appealed in the manner prescribed by the legislation of the Kyrgyz Republic on the principles of administrative activity and administrative procedures and on the prosecutor's office of the Kyrgyz Republic.

    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.

    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 Constitutional Act on the Supreme Court of the Kyrgyz Republic

    Legal provision

    Article 3 - Principles of administration of justice

    Principles of Administration of Justice 1. No one may be deprived of the right to have his case considered in the court to whose jurisdiction it is assigned by the laws of the Kyrgyz Republic, except for cases stipulated by law. 2. All are equal before the law and the court. The courts shall not give preference to any bodies, persons, parties to the proceedings on the basis of their state, social, sexual, racial, national, linguistic or political affiliation, or depending on their origin, property and official status, place of residence, place of birth, attitude to religion, beliefs, membership in public associations, as well as on other grounds not stipulated by law.

    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.