Article 3 of the Constitution of Kyrgyzstan prohibits all discrimination on the grounds of gender, ethnic origin or religious belief. Article 8 recognises the existence of certain discriminatory traditions or customary norms that are obstacles to gender equality in the country. The civil, penal, labour and family codes of Kyrgyzstan all uphold equal rights and the legal framework protecting Kyrgyz women’s rights complies with international standards. Discrimination against women prevails, however, and violence against women is becoming increasingly widespread. Women are generally ill-informed about their rights and the traditional patriarchal system perpetuates gender-based stereotypes.
In theory, women within the family are well protected in Kyrgyzstan, but tradition imposes a legacy of restrictions. The Kyrgyz Family Code sets the legal age of marriage at 18 years for both men and women, but this can be reduced by up to two years in exceptional circumstances. Early marriage is common: a 2004 United Nations report estimated that 11 per cent of girls between 15 and 19 years of age were married, divorced or widowed. The practice is increasing because of poverty, unemployment and Kyrgyz cultural norms. In rural areas, young women are sometimes abducted and forced into marriage.
Polygamy is prohibited by law in Kyrgyzstan.
Kyrgyz legislation grants equal rights to men and women in family relations; it states that parental authority should be shared by the mother and father, who should make joint decisions about their children’s education. Insufficient information is available to report on how parental authority is exercised in practice.
There is no legal discrimination against Kyrgyz women in the matter of inheritance: the Family Code guarantees equal rights in regard to the distribution of property. In rural areas, women are discriminated against in the disposal of family property.
The physical integrity of Kyrgyz women is not sufficiently protected, in part because tradition undermines existing legislation. Violence against women is quite common. Domestic violence is punishable under the Kyrgyz Penal Code, but is treated in the same way as all other types of violence. The 2003 Law on Social-Legal Protection from Domestic Violence is designed to prevent, rather than penalise, such violence. Recent statistics show an increase in violent acts against women: the network of crisis centres providing emergency assistance to the victims of domestic violence dealt with twice as many cases in 2005 as in 2004. Yet psychological pressure, cultural traditions and the behaviour of authorities responsible for applying the legislation discourage women from filing complaints. Spousal rape is punishable under Kyrgyz legislation.
Female genital mutilation does not seem to be a common practice in Kyrgyzstan, and there is no evidence to suggest that it is a country of concern in relation to missing women.
Although Kyrgyz law supports financial independence for women, customs in the country are more restrictive. There is no legal discrimination against Kyrgyz women in regard to access to land. During the land and agrarian reform that started in 1991, distribution of land was carried out on the basis of equality and half of the plots allocated were given to women. A return to manual family farming has revived paternalistic attitudes, however, and there is evidence of a resurgence of traditional stereotypes that prevent women from fully exercising their rights to own property.
There has been progress in regard to women’s access to property other than land, but advances have been hindered by a resurgence of customary law, especially in rural areas. Government assistance is needed to support recent changes in women’s social and economic status, and facilitate their access to land and other property.
Kyrgyz women are not legally restricted in their access to bank loans: they have the right to borrow from banks and to acquire micro-credit. In practice, women are often refused credit because they are unable to offer sufficient guarantees.
The civil liberties of Kyrgyz women are well respected; there are no reported restrictions on their freedom of movement or freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2004), Comité pour l’élimination de la discrimination à l’égard des femmes, trentième session, Compte rendu analytique de la 633e séance, CEDAW/C/SR.633, CEDAW, New York, NY.
CEDAW (2007), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Kyrgyzstan, Third Periodic Report of States Parties, CEDAW/C/KGZ/3, CEDAW, New York, NY.
FAO (Food and Agriculture Organisation), IFAD (International Fund for Agricultural Development), ILC (International Land Coalition) (2004), Rural Women’s Access to Land and Property in Selected Countries: Progress Towards Achieving the Aims of the Convention on the Elimination of All Forms of Discrimination against Women, FAO Gender and Population Division, IFAD Technical Advisory Division, and ILC, Rome.
JICA (Japan International Cooperation Agency) (2004), Country Gender Profile: Kyrgyzstan, JICA Planning Department, Tokyo.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY
US Department of State (2007), Country Reports on Human Rights Practices: Kyrgyz Republic, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
