Date of publication:

01/08/2026

Kyrgyzstan

Do domestic laws and policies establish measures to prevent and respond to gender-based violence committed against forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The domestic legislation of the Kyrgyz Republic creates a legal basis for effective work aimed at protecting and supporting victims of gender-based violence, which is confirmed by a number of key regulations and principles.

According to Article 5 of the Law of the Kyrgyz Republic "On the Protection of Citizens' Health" of January 12, 2024 №14, the main principles of state policy in the field of healthcare are compliance with the rights of citizens to health protection and non-discrimination. This article establishes the right of persons affected by domestic violence to receive emergency legal, social, medical and psychological assistance. This right is supported by the Resolution of the Government of the Kyrgyz Republic dated August 1, 2019 № 390, which approved the Procedure for providing assistance to persons affected by domestic violence. This normative act regulates the provision of legal, social, medical and psychological assistance, and also guarantees comprehensive support to victims.

It is important to note that assistance is provided to all persons affected by domestic violence, regardless of their citizenship, Article 1 states that legal assistance is provided to both citizens of the Kyrgyz Republic and foreigners, stateless persons, including refugees. This underlines the importance of adhering to international conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which obliges states to ensure the protection of women from violence.

Victims of violence can seek help at their place of residence from the following organizations: territorial divisions of the authorized internal affairs agency, territorial divisions of the authorized social development agency, territorial divisions of the authorized child protection agency (if there are minors), medical and preventive healthcare organizations, educational organizations (to the director, head of educational work, social worker, psychologist or class teacher), mayor's offices and ayil okmotu, as well as commercial and non-profit organizations (temporary stay centers, consultative and preventive centers, crisis centers). In addition, victims of violence have the right to appeal to aksakal courts at their place of residence.

Medical organizations are required to document cases of domestic violence in accordance with the requirements of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The internal affairs bodies are obliged to register applications (messages) in the Unified Register of Crimes and Misdemeanors in the manner prescribed by the legislation of the Kyrgyz Republic. This includes the obligation to provide appropriate assistance and support, which creates effective mechanisms for responding to cases of violence.

In this area, the work of commercial and non-profit organizations, such as crisis centers and consultative and preventive institutions, is also important. For example, the Sezim crisis center in Bishkek and the Ak-Zhurok center in Osh offer temporary shelter and a variety of services for victims of violence, which helps reduce the burden on state social services and provide more targeted assistance.

The main provisions on the types of assistance and the rights of victims are enshrined in Articles 34 and 35. of the Law on the Protection and Defense from Domestic Violence of April 27, 2017 № 63. These standards are aimed at the recovery of victims, ensuring their safety and rehabilitation.

First of all, assistance to victims includes legal, medical, social and psychological support. Legal assistance includes consultations, document preparation, representation in courts and government agencies, and other legal actions provided for by law. In addition, guaranteed state legal assistance is provided in the manner prescribed by a special law (Article 34, Part 2).

Medical assistance is provided in full in accordance with the legislation on the protection of citizens' health. This is important for restoring the physical and mental health of victims, especially in cases where violence has led to injuries or other consequences (Article 34, Part 3).

Social and psychological assistance is aimed at ensuring protection, assisting in restoring a normal lifestyle and preventing further cases of violence. It includes the provision of social protection, assistance in processing documents and benefits, consultations with social workers and psychologists. Of particular importance is the provision of a safe place in social services, which guarantees protection from threats. Victims are also provided with assistance in social rehabilitation, including work with families where cases of violence have been identified (Article 34, Part 4).

In addition to these measures, the law establishes the rights of victims to receive assistance from state and municipal institutions, such as crisis centers, shelters and other services. The basis for providing assistance may be either a personal request from the victim or an initiative from entities responsible for protection from violence (Article 35, parts 1 and 2). One of the key rights is the right to temporary safe accommodation in shelters organized by the state or municipality. Accommodation is provided free of charge, on the basis of an agreement and in accordance with the rules established by the internal documents of such institutions (Article 35, Part 3).

In addition, victims have the right to support in professional and social rehabilitation. They are provided with information on opportunities for education, professional training and retraining, as well as assistance in finding employment. These measures are aimed at restoring independence and improving the quality of life of victims (Article 35, Part 4).

As for the reproductive rights of women, Article 57 of the Law "On the Protection of Citizens' Health" of January 12, 2024 №14 clearly establishes the right of women to free reproductive choice "Women, regardless of marital status, have the right to independent reproductive choice, including the choice of safe abortion. Citizens who have reached marriageable age have the right to voluntarily use the surgical method of sterilization."

It should also be mentioned that the procedure for artificial termination of pregnancy in the Kyrgyz Republic is regulated by Article 106, which indicates that an abortion can be performed at the request of a woman. The operation of artificial termination of pregnancy (abortion) is performed using safe technologies, by a trained and certified medical specialist with preliminary consultation and informing the woman in:

1) healthcare organizations, regardless of the form of ownership, up to 12 weeks;

2) state and municipal healthcare organizations up to 22 weeks.

In addition, "artificial termination of pregnancy for persons under 16 years of age is performed with their consent, the consent of their parents or other legal representative. In the absence of legal representatives or failure to reach a unified agreement, the decision on artificial termination of pregnancy is made by a council, and if it is impossible to assemble a council - directly by the attending (duty) physician with subsequent notification of officials of the healthcare organization and legal representatives based on the best interests of the minor", which introduces additional protective measures for minors. Such regulations are aimed at avoiding coercive actions and ensuring compliance with the reproductive rights of minors.

Article 84 of the Law "On the Protection of Citizens' Health" of January 12, 2024 №14 establishes guarantees in the reproductive sphere, including screening for infectious diseases, diagnosis of anemia in pregnant women, family planning consultations and ultrasound examinations of the fetus. The state guarantees program additionally provides for the free provision of a basic package of services to pregnant women and children under 18. Thus, the domestic laws and policies of the Kyrgyz Republic aimed at supporting victims of gender-based violence ensure the rights to equal access to medical and social services, protect the reproductive rights of women and clearly prescribe mechanisms for protection against violations of their rights.

    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 57 - Reproductive Rights of Citizens

    1. Everyone has the right to comprehensive, accessible sexual and reproductive health services as an integral part of health care. 2. Citizens, regardless of their marital status, have the right to control and make a free, responsible decision regarding the number of children, the time of their birth, the intervals between births, including the use of modern methods of birth control. 3. Citizens have the right to access existing safe technologies for the protection of reproductive health, including contraception, family planning, termination of pregnancy, as well as diagnosis and treatment for infertility, sexually transmitted diseases, including HIV. 4. Citizens have the right to use artificial insemination methods: insemination, implantation and in vitro fertilization. 5. Citizens, regardless of medical indications and marital status, have the right to parenthood using the method of surrogacy. 6. Citizens have the right to cryopreservation and storage of their reproductive cells, reproductive organ tissues and embryos. The spouse, father, mother, children, siblings have the right to use stored reproductive cells for the purpose of reproduction in the event of the death of the person. 7. Adult citizens, somatically and mentally healthy, who have undergone a medical and genetic examination, have the right to be anonymous and non-anonymous donors of reproductive cells. Anonymous donors do not have the right to information about the fate of their reproductive cells. 8. Women, regardless of marital status, have the right to independent reproductive choice, including the choice of safe abortion. 9. Citizens who have reached marriageable age have the right to voluntarily use surgical sterilization.

    Article 106 - Methods of Termination of Pregnancy

    1. Termination of pregnancy is the implementation of a woman's right to free reproductive choice, which is ensured on the basis of her consent through the provision of medical services in healthcare organizations. 2. The operation of artificial termination of pregnancy (abortion) is carried out using safe technologies, by a trained and certified medical specialist with preliminary consultation and informing the woman in: 1) healthcare organizations, regardless of the form of ownership, up to 12 weeks; 2) state and municipal healthcare organizations up to 22 weeks. 3. Artificial termination of pregnancy for persons under 16 years of age is performed with their consent, the consent of their parents or other legal representative. In the absence of legal representatives or failure to reach a unified agreement, the decision on artificial termination of pregnancy is made by a council, and if it is impossible to assemble a council, the decision is made directly by the attending (duty) physician with subsequent notification of officials of the healthcare organization and legal representatives based on the best interests of the minor. 4. The list of medical indications for artificial termination of pregnancy is determined by the authorized state body in the field of healthcare.

    The Law of Kyrgyz Republic On the Protection and Defense from Domestic Violence

    Legal provision

    The Law Kyrgyz Republic on the Protection and Defense from Domestic Violence - Generic

    The Law Kyrgyz Republic on the Protection and Defense from Domestic Violence - Generic

    Article 34 - Assistance to persons affected by domestic violence

    1. Assistance provided to persons who have suffered from domestic violence shall include legal, social, medical, psychological and other types of assistance provided by entities defined by this Law, within the limits of their powers and competence. 2. Legal assistance shall include providing consultations, preparing legal documents, representing a person who has suffered from domestic violence in courts and government agencies, and other types of legally significant actions defined by law. State-guaranteed legal assistance shall be provided in the manner prescribed by the law on state-guaranteed legal assistance. 3. Persons who have suffered from domestic violence shall be provided with all types of medical and sanitary assistance determined by the legislation on the protection of citizens' health. 4. Social and psychological assistance to persons who have suffered from domestic violence shall include: 1) implementation of social protection measures; 2) assistance in obtaining the necessary documents and social benefits in accordance with the legislation on state benefits; 3) provision of consultations by a social worker, psychologist; 4) provision of a safe place in social services in order to ensure their safety; 5) assistance in social rehabilitation; 6) social work with families in which cases of domestic violence have been identified.

    Article 35 - Rights of persons affected by domestic violence

    1. Persons who have suffered from domestic violence have the right to receive social and psychological assistance in state and municipal institutions, as well as in social service institutions: advisory and preventive centers (crisis centers), shelters, as well as in other institutions in accordance with this Law and the legislation on social services to the population. 2. The basis for providing social and psychological assistance is an appeal for such assistance by persons who have suffered from domestic violence, as well as entities implementing protection and defense against domestic violence, as defined by this Law. 3. A person who has suffered from domestic violence has the right to be placed in a state or municipal shelter for safe temporary residence. Staying in a shelter is free of charge under the terms of an agreement in accordance with the rules defined in the charter or regulations of the shelter. 4. A person who has suffered from domestic violence has the right to receive information about opportunities for education, professional training and retraining, employment and other forms of social rehabilitation.