KYRGYZSTAN-SOGI-TBs-CESCR

Concluding Observations on Report 4 (2024) (Link)

Human rights defenders, civil society and journalists

10. Noting the prosecution of human rights defenders in relation to their participation in peaceful protests, the Committee remains concerned about:

…(c) The reports of harassment, intimidation and reprisals against, as well as cases of arrests, detention and trials of, journalists and human rights defenders, including those working to defend economic, social and cultural rights and those advocating for the rights of minorities and LGBTQI+ persons.

11. The Committee recommends that the State party:

…(d) Be guided by the Committee’s statement on human rights defenders and economic, social and cultural rights.

 

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Non-discrimination

20. The Committee remains concerned about the structural inequalities and persistent discrimination that hinder the equal enjoyment of economic, social and cultural rights without discrimination on the basis of ethnicity, sex, religion, economic status, age or other status, including sexual orientation or disability. The Committee expresses concern about delays in the adoption of anti-discrimination legislation (art. 2).

 21. The Committee recommends that the State party take all measures necessary to address structural inequalities and prevent and combat persistent discrimination, including by developing and implementing strategies that are based on comprehensive analysis of the needs of the most disadvantaged and marginalized groups and supplemented by disaggregated data in the areas of economic, social and cultural rights. The Committee also recommends that the State party adopt a comprehensive anti-discrimination law that: (a) provides sufficient protection against discrimination in accordance with article 2 of the Covenant; (b) explicitly includes all prohibited grounds of discrimination enumerated in that article and as elaborated in the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, including sexual orientation and gender identity; (c) defines direct and indirect discrimination in line with the State party’s obligations under the Covenant; (d) prohibits discrimination in the public and private spheres; and (e) provides for effective remedies in cases of discrimination.

 

Discrimination based on sexual orientation and gender identity

22. The Committee notes with concern that, despite its previous recommendations, in 2023, the State party enacted into law sanctions for persons who disseminate information that “denies family and traditional social values and promotes non-traditional sexual relations”, which may aggravate already high levels of discrimination against LGBTQI+ persons. The Committee expresses concern about discriminatory restrictions on the health and bodily autonomy of transgender persons, including the law on the protection of the health of citizens, under which the minimum age for accessing gender-affirming care in the State party has been increased to 25 (arts. 2 and 12).

23. The Committee recommends that the State party repeal all legislative provisions that discriminate against LGBTQI+ persons and that it take legislative measures to prohibit in law all forms of discrimination based on sexual orientation and gender identity. In particular, the Committee recommends that the State party: (a) repeal the legal amendments, as adopted in 2023 by the law introducing amendments to several legal acts, that provide for sanctions for persons who disseminate information that “denies family and traditional social values and promotes non-traditional sexual relations”; (b) revise the law on the protection of the health of citizens and take all measures necessary to guarantee the right of transgender persons to health and bodily autonomy without discrimination, including by removing disproportionate legal and administrative barriers to legal gender recognition and by facilitating access to healthcare, including sexual and reproductive health services and gender-affirming medical services.

 

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Right to work

26. While noting the efforts to reduce unemployment, including by vocational training of unemployed persons to meet the skilled worker needs of the labour market, the Committee remains concerned about reports of persistently high unemployment and economic inactivity rates in the State party, especially among young people, women, persons with disabilities and LGBTQI+ persons. The Committee expresses concern about the insufficient efforts undertaken to address job losses triggered by the coronavirus disease (COVID-19) pandemic. Finally, the Committee notes with concern that asylum-seekers are unable to access employment while their asylum applications are being processed (art. 6).

27. The Committee recommends that the State party increase its efforts to reduce unemployment by implementing public sector employment schemes, vocational training programmes and partnerships with the private sector, while ensuring that its policies tackle the root causes of unemployment, paying particular attention to young people, women, persons with disabilities and LGBTQI+ persons. It also recommends that the State party tackle the job losses triggered by the COVID-19 pandemic, paying special attention to the situation of migrant workers and the sectors of the population most affected by unemployment. The Committee further recommends that the State party revise its legislation to facilitate the right to work for asylum-seekers. The Committee refers the State party to its general comment No. 18 (2005) on the right to work.

 

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Right to physical and mental health

54. While noting the measures taken to make healthcare and services available and accessible including through the compulsory health insurance system, the Committee is concerned about:

…(c) The persistent discrimination in access to healthcare experienced by LGBTQI+ persons, persons with disabilities, women involved in sex work and persons living with HIV/AIDS (art. 12).

55. The Committee recommends that the State party:

…(c) Ensure that LGBTQI+ persons, persons with disabilities, women involved in sex work and persons living with HIV/AIDS have access to healthcare without discrimination, including by establishing adequate training programmes for medical personnel at different levels in order to combat stereotyping and stigmatization and providing them with the knowledge and tools necessary to offer adequate care, including with regard to the protection of privacy;…

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Concluding Observations on Report 2-3 (2015) (Link)

Non-discrimination

5. The Committee is concerned about the lack of comprehensive anti-discrimination legislation, and the persistent discrimination on the basis of ethnicity, sex, religion, economic status, age or other status, including sexual orientation or disability, inter alia in accessing employment and health care. In this context, the Committee is also concerned about the introduction to parliament of bill No. 6-11804/14, which would impose administrative sanctions for persons who foster positive attitudes towards non-traditional sexual relations. The Committee is also concerned about:

(a) Access to services, including education and health care, given that access is conditional upon residence registration;

(b) The discrimination and marginalization of the Lyuli community, the Uzbeks and other minorities (arts. 2 (2) and 15). 

The Committee recommends that the State party adopt a comprehensive anti- discrimination law that provides a definition of direct and indirect discrimination, and withdraw bill No. 6-11804/14. The Committee also recommends that the State party:

(a) Carry out public education campaigns to eradicate common misperceptions and stereotypes;

(b) Make access to services independent from residence registration;

(c) Ensure that all persons, irrespective of their sexual orientation, can fully enjoy economic, social and cultural rights without discrimination;

(d) Accelerate efforts to ratify the Convention on the Rights of Persons with Disabilities.

In this regard, the Committee draws the attention of the State party to its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.

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Access to health care

22. The Committee notes with concern that access to health care is frequently limited, that health-care facilities are of poor quality and inadequately equipped, that the number of staff is insufficient and that they are poorly qualified. The Committee also notes with concern that:

(a) Discrimination in access to health care persists against lesbian, gay, bisexual, transgender and intersex persons, women involved in prostitution, persons with disabilities, and persons living with HIV/AIDS;

(b) While abortion is legal, it is not covered by public health insurance, leading many women to resort to unsafe abortions;

(c) Legislation on the rights of patients concerning, inter alia, professional ethics and redress for medical errors is insufficiently implemented (art. 12).

The Committee recommends that the State party increase human, technical and financial resources allocated to the health sector, and:

(a) Monitor discrimination in access to health services and ensure that health professionals who hamper anyone’s access are duly sanctioned;

(b) Provide confidential access for everyone, including adolescents, to contraceptives and safe abortion services, and ensure that these services are fully covered by health insurance;

(c) Disseminate information on patients’ rights and ensure the availability of adequate implementation mechanisms, with particular focus on access to appropriate compensation in the event of medical errors.

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Concluding Observations on Report 1 (2000) (Link)

17. The Committee regrets the absence of information on the extent of violence against women and the trafficking of women in Kyrgyzstan. The Committee is also concerned at the classification of lesbianism as a sexual offence in the Penal Code.

30. The Committee requests the State party to provide information, in its second periodic report, on the extent of violence against women and the measures taken by the Government to address this phenomenon, including facilities and remedies provided for victims. The Committee further recommends that the State party continue more actively to implement the law with regard to the practice of polygamy and bride kidnapping. The Committee recommends that the State party proceed to remove lesbianism from the Penal Code, as indicated by the delegation. The Government is advised to step up its efforts to promote the rights of women in employment.

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