Date of publication:
06/11/2025
Kyrgyzstan
Do domestic laws and policies prevent and respond to violence, abuse and exploitation of forcibly displaced and stateless children?
Assessment by population
Analysis
Fundamental principles aimed at protecting children and preventing violence, abuse, exploitation and trafficking in children are enshrined in the Constitution of the Kyrgyz Republic. These norms provide a legal basis for protecting children and establish the priority of their best interests.
According to Article 27 of the Constitution of the Kyrgyz Republic, every child has the right to a standard of living necessary for his or her physical, mental, spiritual, moral and social development. The state is obliged to guarantee the protection of the interests of the child and create conditions conducive to his or her well-being. Article 32 of the Constitution of the Kyrgyz Republic prohibits the propaganda of national, racial, religious hatred, as well as any calls for discrimination, hostility or violence, which excludes conditions conducive to the abuse or exploitation of children. In turn, Article 56 of the Constitution of the Kyrgyz Republic directly prohibits torture, inhuman, cruel and degrading treatment, guaranteeing each person physical and moral integrity.
National criminal legislation details these principles, criminalizing certain crimes against children. In particular, Article 137 of the Criminal Code of the Kyrgyz Republic of October 28, 2021 №127 establishes punishment for torture, including causing physical or mental suffering to children. In the case of particular cruelty, actions against a child or a group of persons, the punishment may reach 12 years of imprisonment.
For child trafficking, as provided for in Article 167 of the Criminal Code, the perpetrators may be sentenced to up to 15 years of imprisonment, especially if the victim is under 14 or if the crime involves moving a child across the border. Cruel treatment not involving serious harm to health is criminalized in Article 138 of the Criminal Code, which establishes sanctions for torture, especially if it is committed against children. The threat of violence, according to Article 139 of the Criminal Code, is also a criminal offense.
In addition, special attention is paid to the protection of children in the family environment. Article 177 of the Criminal Code of the Kyrgyz Republic of October 28, 2021 №127 punishes intentional actions of family members causing physical or mental harm to a child, with a maximum penalty of up to 5 years of imprisonment. The Constitution of the Kyrgyz Republic enshrines the key principles of child protection, and the Criminal Code of the Kyrgyz Republic criminalizes the most dangerous crimes against them. These norms create a comprehensive legal basis for preventing violence, abuse, exploitation and trafficking in children, as well as for holding those responsible accountable, and are reflected in laws regulating certain areas.
The legislation of the Kyrgyz Republic is aimed at creating a comprehensive and effective mechanism for the protection, prevention and assistance of child victims of human trafficking. This mechanism is based on the observance of the highest interests of the child, in accordance with the Constitution of the Kyrgyz Republic and the UN Convention on the Rights of the Child and national legislation.
According to Article 27 of the Law of the Kyrgyz Republic "On Preventing and Combating Human Trafficking" of March 17, 2005 №55, when providing assistance to child victims of human trafficking, all measures corresponding to their primary interests must be taken. This provision emphasizes the obligation of the state to respect the rights of the child and take into account his individual needs, as stipulated by international standards, including the UN Convention on the Rights of the Child.
Part 2 of Article 27 stipulates that authorized bodies, shelters and centers are obliged to immediately notify the bodies for the protection of the rights and interests of children upon identification of a child victim of human trafficking. This measure is aimed at prompt intervention and ensuring the protection of the rights of the child in accordance with the legislation of the Kyrgyz Republic on the rights and interests of children. In accordance with Part 3 of Article 27, child victims of human trafficking placed in shelters must be kept separately from adults. This provision is aimed at preventing possible victimization and creating a safe environment for children.
Part 4 of Article 27 establishes the right of child victims of human trafficking to access education. They are provided with the opportunity to attend state educational institutions, which complies with the Law of the Kyrgyz Republic "On Education" of August 11, 2023 №179 and the principle of equal opportunities.
If a child is left without parental care or does not know the whereabouts of his or her family, Part 5 of Article 27 provides for measures to search for the family or establish guardianship or trusteeship over him or her. These actions are carried out in accordance with the legislation of the Kyrgyz Republic on children's rights and are aimed at restoring family
The Model instruction for the detection, identification and referral of victims of human trafficking, approved by the Resolution of the Government of the Kyrgyz Republic on September 19, 2019 № 493 details the procedure for interdepartmental interaction. In particular, paragraph 39 provides for the referral of a minor victim of human trafficking, accompanied by a specialist or legal representative, to the authorized labor and social development agency. This enhances coordination between agencies to ensure comprehensive assistance.
Particular attention is paid to children outside the Kyrgyz Republic. According to paragraphs 39 and 42 of the instructions, such children are returned to the territory of the Kyrgyz Republic accompanied by a representative of the authorized body, and their interview can be conducted via video link. These measures ensure the continuity of protection of the child, regardless of his or her location.
In accordance with paragraphs 41 and 42 of the instructions, the identification and interview of children should be carried out in the presence of a psychologist, and, if necessary, without the participation of parents or guardians. This minimizes stress for the child and protects his or her interests. It is also recommended that the interview be conducted by a specialist of the same gender as the child to create comfortable conditions.
Paragraph 44 of the instructions emphasizes that all actions regarding child victims of human trafficking must comply with the Kyrgyz Republic Code on Children and international treaties to which the Kyrgyz Republic is a party. This includes compliance with human rights and child protection standards.
If the victim of human trafficking is a foreign citizen, the state bodies of the Kyrgyz Republic are obliged to notify diplomatic missions, as provided for in paragraph 43 of the instructions. This demonstrates respect for international obligations and ensures the protection of the rights of the child, regardless of his or her citizenship.
Moreover, child trafficking is prohibited by the Criminal Code of the Kyrgyz Republic of October 28, 2021 №127 and is criminalized, and persons guilty of committing this crime are subject to criminal liability in accordance with the law.
Thus, the legislation of the Kyrgyz Republic forms a comprehensive legal framework for the protection of children - victims of human trafficking. It includes interdepartmental cooperation, compliance with the highest interests of the child, consideration of international standards and ensuring access to basic rights. However, as the analysis above showed, assistance to victims of human trafficking is provided by crisis centers supported by international organizations.
The national laws and policies of the Kyrgyz Republic in the field of protection and defence against domestic violence have the potential to prevent, reduce the risk and address violence against children, but their effectiveness depends on several key factors.
The legislation of the Kyrgyz Republic covers a wide range of actions that qualify as domestic violence. According to the definition in the Law of the Kyrgyz Republic "On the Protection and Defense from Domestic Violence" of April 27, 2017 № 63, domestic violence includes physical, psychological and other types of violence directed against family members or persons equivalent to them. Particular attention is paid to the protection of children, including those who have witnessed violence (paragraph 4 of the Law on the Protection and Defence against Domestic Violence). This is an important aspect, since children, even if they are not direct victims, suffer from the negative impact of domestic violence.
The internal affairs agencies play a key role in the prompt response to cases of domestic violence. They are obliged to notify the authorized body for the protection of children about the identified facts of violence, which increases the possibility of a rapid response to threats to minors. The authorized body for child protection, in turn, coordinates the activities of its territorial divisions, organizes a set of protection measures, including placing victims in crisis centers and providing information on available services (Article 15 of the Law on the Protection and Defense from Domestic Violence).
The legislation provides for the development of educational and training programs for parents and children aimed at preventing and combating domestic violence (Article 13 of the Law on the Protection and Defense from Domestic Violence). These programs help develop conflict management skills and awareness of children's rights in children and parents. However, their real impact depends on the quality of implementation and coverage of the target audience.
Special protection is provided to children under 14 years of age, as well as to persons recognized by the court as incompetent. A temporary protection order issued to legal representatives allows for the prompt isolation of the victim from the aggressor (Article 28 of the Law on the Protection and Defense from Domestic Violence). This reduces the risk of repeated violence in the short term and provides time to assess the situation and develop further protective measures. An important role in identifying and providing assistance to child victims is played by child protection agencies and educational institutions, which, in accordance with the Procedure for Providing Assistance to Victims of Domestic Violence:
- accept and register applications about minors who have suffered from domestic violence;
- travel to the place of residence (location) of the child and family, take measures to further organize social support for the child who has suffered from domestic violence, in accordance with the procedure established by law for identifying children and families in difficult life situations;
- maintain special control (regardless of the financial situation of the family) over children from families of labor migrants;
- take appropriate measures to place children living with relatives and other persons without formal guardianship/trusteeship.
Upon identification/appeal, educational institutions: - accept and register applications (messages) about students who have suffered from domestic violence.
- immediately inform the internal affairs agencies and authorized child protection agencies about the identified facts of domestic violence against students; - provide the victim with assistance from social workers, work with the victimized student and family members living with him/her;
- carry out constant monitoring of the mental and physical condition of students;
- conduct preventive work among students and parents (persons replacing them) every quarter on the inadmissibility of domestic violence and measures for protection and defense;
- implement educational and upbringing programs for students to prevent and suppress domestic violence;
- keep records of students who have been subjected to domestic violence, analyze the needs for social assistance;
The system of providing assistance to victims of domestic violence includes the participation of internal affairs agencies, healthcare, social development, education and other entities. Also, an important aspect is the participation of crisis centers and consultative and preventive organizations that provide psychological and social assistance to victims.
Article 177 of the Criminal Code of the Kyrgyz Republic of October 28, 2021 №127 establishes criminal liability for domestic violence, including intentional actions causing physical or mental suffering. The sanctions include community service or imprisonment for a term of two to five years, which indicates a serious approach to this problem. Criminals are also required to undergo a correctional program aimed at changing violent behavior. The legislation of the Kyrgyz Republic is largely aimed at preventing and reducing the risk of domestic violence against children, as well as protecting victims. However, to be maximally effective, increased educational campaigns, increased funding for social services, and improved mechanisms for interdepartmental cooperation are needed. If these shortcomings are addressed, laws and policies can become powerful tools for combating domestic violence and protecting children’s rights.
Related provisions of domestic law or policy
The Law of the Kyrgyz Republic On the Prevention and Combating of Human Trafficking"
- Year: 2005
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2005/ru/150151
Legal provision
The Law of the Kyrgyz Republic On the Prevention and Combating of Human Trafficking" - Generic
The Law of the Kyrgyz Republic On the Prevention and Combating of Human Trafficking" - Generic
The Model instruction for the detection, identification and referral of victims of human trafficking
- Year: 2019
- Type: Domestic law
- Rights Category: Freedom of movement, Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2019/ky/150168
Legal provision
The Model instruction for the detection, identification and referral of victims of human trafficking - Generic
The Model instruction for the detection, identification and referral of victims of human trafficking - Generic
The Constitution of the Kyrgyz Republic
- Year: 2021
- 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/2021/en/17474?prevDestination=search&prevPath=/search?keywords=Constitution+of+the+Kyrgyz+Republic&sort=score&order=desc&result=result-17474-en
Legal provision
Article 27 - Child protection
1. Every child has the right to a standard of living necessary for his/her physical, mental, spiritual, moral and social development. 2. The principle of ensuring the best interests of the child is in effect in the Kyrgyz Republic. 3. Responsibility for ensuring the living conditions necessary for the development of the child rests with each of the parents, guardians and trustees. 4. The state cares for, raises and educates orphans and children left without parental care until the age of 18. At the same time, they are provided with conditions for receiving free primary, secondary and higher vocational education. They are provided with social security.
Article 32 - Freedom of expression and thoughts
1. Everyone has the right to freedom of thought and opinion. 2. Everyone has the right to freedom of expression, freedom of speech and the press. 3. No one may be forced to express their opinion or to renounce it. 4. Propaganda of national, racial, religious hatred, gender and other social superiority, calling for discrimination, hostility or violence is prohibited.
Article 56 - Human rights
1. The state shall ensure the rights and freedoms of citizens in the manner established by the Constitution and laws. 2. No laws shall be adopted in the Kyrgyz Republic that abolish or diminish human rights and freedoms. 3. Restrictions on the physical and moral integrity of the individual shall be permissible only on the basis of the law, by a court sentence as punishment for a crime committed. 4. No one shall be subjected to torture or other inhuman, cruel or degrading treatment or punishment. 5. Every person deprived of liberty shall have the right to humane treatment that does not degrade human dignity. 6. Medical, biological, and psychological experiments on people without their voluntary consent, expressed and certified in the proper manner, shall be prohibited.
The Criminal Code of the Kyrgyz Republic
- Year: 2021
- Type: Domestic law
- Rights Category: Asylum, Freedom of movement, Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2021/ru/150130
Legal provision
Article 137 - Torture
1. Causing physical or mental suffering to a person for the purpose of obtaining information or a confession from him or another person; punishing him for an act he or another person has committed or is suspected of committing; as well as intimidating or coercing him or another person to commit certain acts, or for reasons based on discrimination of any nature, committed by an official or at his instigation, with his knowledge or tacit consent, - shall be punishable by deprivation of liberty for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. 2. The same act committed: 1) against a pregnant woman or a child; 2) against a disabled person or another person in a helpless state; 3) by a group of persons; 4) by a group of persons by prior conspiracy; 5) with particular cruelty, - shall be punished by imprisonment for a term of eight to ten years with deprivation of the right to hold certain positions or engage in certain activities for up to three years. 3. The same act, which resulted in causing serious harm to health or, through negligence, the death of the victim, - shall be punished by imprisonment for a term of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Article 138 - Torture
1. Causing physical or mental suffering by beating two or more times or by other violent actions, if this did not entail the consequences provided for in Articles 130 and 131 of this Code, - shall be punishable by correctional labor for a term of one to three years or a fine of 500 to 1,000 calculated indicators, or imprisonment for a term of up to three years. 2. The same act committed: 1) against a woman who is pregnant; 2) against a child or a person in a helpless state or in material or other dependence on the perpetrator, as well as a person kidnapped or taken hostage; 3) by a group of persons; 4) by a group of persons by prior conspiracy, - shall be punishable by a fine of 1,000 to 2,000 calculated indicators or imprisonment for three to five years. 3. The same act committed: 1) against two or more persons; 2) by hire; 3) on the basis of social, national, racial, religious hatred or enmity; 4) by an organized group; 5) as part of a criminal community, - shall be punishable by imprisonment for a term of five to eight years with or without confiscation of property.
Article 139 - Threat of using violence dangerous to life and health
1. Threat of using violence dangerous to life and health, if there are sufficient grounds to fear that this threat will be carried out, - shall be punishable by community service from forty to one hundred hours or correctional labor for a term of two months to one year, or a fine of 200 to 500 calculation indices. 2. The same act committed: 1) against a person or his relatives in connection with the performance by this person of official, professional activities or the fulfillment of public duty; 2) by an organized group; 3) as part of a criminal community, - shall be punishable by correctional labor for a term of one to three years or a fine of 500 to 1000 calculation indices, or imprisonment for a term of up to five years.
Article 165 - Kidnapping of a person
1. Kidnapping of a person against his will, accompanied by removal from his place of permanent or temporary residence with subsequent detention in a place other than his place of residence, in the absence of elements of a crime provided for in Article 257 of this Code, committed by means of seizure, deception or with the use of violence that is not dangerous to life and health, or the threat of using such violence, - shall be punishable by imprisonment for a term of five to seven years. 2. The same act committed: 1) against two or more persons; 2) against a child; 3) against a pregnant woman; 4) for the purpose of removing organs or tissue from a person for transplantation; 5) for the purpose of removing organs or tissue from a deceased person for transplantation; 6) for the purpose of receiving ransom or other personal interest; 7) by a group of persons; 8) by a group of persons by prior conspiracy; 9) with causing serious harm through negligence, - shall be punishable by imprisonment for a term of seven to ten years with or without confiscation of property. 3. The acts provided for in Part 1 or paragraphs 1–5 of Part 2 of this Article, if the perpetrator voluntarily released the kidnapped person, - shall be punishable by community service from one hundred to three hundred hours or correctional labor for a term of one to three years, or a fine of 500 to 1,000 calculation indices. 4. The acts provided for in Part 1 of this Article, committed: 1) against a child under the age of fourteen; 2) with the use of one’s official position; 3) with the use of weapons or objects used as weapons; 4) with the infliction of especially serious harm; 5) by an organized group; 6) as part of a criminal community, - shall be punished by imprisonment for a term of ten to twelve years with confiscation of property.
Article 166 - Human trafficking
1. Human trafficking, i.e. their recruitment, transportation, harboring, acceptance or transfer, carried out with or without their consent, by threat, use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, - shall be punishable by imprisonment for a term of three to six years with or without confiscation of property. 2. The same act committed: 1) against two or more persons; 2) by a group of persons; 3) by a group of persons by prior conspiracy; 4) by a person using his official position; 5) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad; 6) against a person who is financially or otherwise dependent on the perpetrator, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. The same act committed: 1) against a pregnant woman; 2) with the purpose of removing organs or tissues from a person or a deceased person for transplantation; 3) with the infliction of serious harm through negligence; 4) by an organized group; 5) as part of a criminal community, - shall be punishable by imprisonment for a term of eight to eleven years with confiscation of property. 4. Recruitment, transportation, concealment, acceptance or transfer of a child, carried out with or without consent, without the use of force or other forms of coercion, blackmail, kidnapping, fraud, deception, for the purpose of exploitation, - shall be punishable by imprisonment for a term of up to five years. Note. Recruitment means the activity of individuals or legal entities to search for, select, accept and hire people for material compensation to perform any work or provide services in the interests of the employer or other persons. Exploitation means forcing persons into prostitution or other forms of sexual exploitation, forced labor or services, slavery, participation in armed conflicts, including through the use of debt obligations, material or other dependence, as well as their servitude. A person who has become a victim of human trafficking is exempt from criminal liability for committing acts that are a minor crime or a less serious crime, if such an act was committed by the victim as a result of his or her involvement in the process of human trafficking.
Article 167 - Child trafficking
1. Trafficking in a child with or without the purpose of obtaining a benefit, - shall be punishable by imprisonment for a term of five to eight years. 2. The same act committed: 1) against two or more persons; 2) by a group of persons; 3) by a group of persons by prior conspiracy; 4) by a person using his official position; 5) with causing significant harm through negligence; 6) with the movement of the victim across the State Border of the Kyrgyz Republic or his illegal detention abroad, - shall be punishable by imprisonment for a term of eight to eleven years. 3. The same act committed: 1) against a child under the age of fourteen; 2) for the purpose of removing organs or tissues from a person for transplantation; 3) with causing serious or especially serious harm through negligence; 4) by an organized group; 5) as part of a criminal community, - shall be punished by imprisonment for a term of eleven to fifteen years with confiscation of property. Article 170. Forced use of labor (slave labor) 1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), - shall be punishable by imprisonment for a term of three to six years. 2. The same act committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) with the seizure, concealment or destruction of documents certifying the identity of the victim; 4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence; 5) using official position, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. Acts provided for in parts 1 or 2 of this article: 1) committed against a child under the age of fourteen; 2) causing serious or especially serious harm through negligence; 3) committed by an organized group; 4) committed as part of a criminal community, - shall be punishable by imprisonment for a term of eight to twelve years with confiscation of property.
Article 170 - Forced use of labor (slave labor)
1. Forced use of labor of a person in respect of whom powers inherent in the right of ownership are exercised, if the person, for reasons beyond his control, cannot refuse to perform the work (services), - shall be punishable by imprisonment for a term of three to six years. 2. The same act committed: 1) against two or more persons; 2) against a child aged fourteen to eighteen years; 3) with the seizure, concealment or destruction of documents certifying the identity of the victim; 4) with the use of blackmail, violence that is not dangerous to life and health, or the threat of using such violence; 5) using official position, - shall be punishable by imprisonment for a term of six to eight years with or without confiscation of property. 3. Acts provided for in parts 1 or 2 of this article: 1) committed against a child under the age of fourteen; 2) causing serious or especially serious harm through negligence; 3) committed by an organized group; 4) committed as part of a criminal community, - shall be punishable by imprisonment for a term of eight to twelve years with confiscation of property.
The Law of Kyrgyz Republic On the Protection and Defense from Domestic Violence
- Year: 2017
- Type: Domestic law
- Rights Category: Health, Liberty & security of person, Social protection, Family life
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2017/ky/150141
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