Kyrgyzstan 2010 Constitution (reviewed 2016) - Page 2 of 9

Table of Contents

SECTION II. HUMAN RIGHTS AND FREEDOMS

Chapter I. General Provisions

Article 16

Fundamental human rights and freedoms are inalienable and belong to each person from birth.Human rights and freedoms belong to the superior values of the Kyrgyz Republic. They act directly; define the essence and contents of activity of all state agencies, local self-governance bodies and their officials thereof.
The Kyrgyz Republic shall respect and ensure human rights and freedoms to all persons on its territory and under its jurisdiction.No one may be subject to discrimination on the basis of sex, race, language, disability, ethnicity, belief, age, political and other convictions, education, background, proprietary and other status as well as other circumstances.
Special measures defined by law and aimed at ensuring equal opportunities for various social groups in accordance with international commitments shall not be considered as discrimination.
In the Kyrgyz Republic everyone shall be equal before the law and the courts.
In the Kyrgyz Republic men and women shall have equal rights and freedoms and equal opportunities for their realization.
The principle of ensuring best interests of a child shall be effective in the Kyrgyz Republic.

Article 17

Rights and freedoms established in the present Constitution shall not be exhaustive and shall not be interpreted as denial or derogation of other universally recognized human and civil rights and freedoms.

Article 18

Everyone shall have the right to perform any action and activity except for those prohibited by the present Constitution and laws.

Article 19

Foreign citizens and stateless persons in the Kyrgyz Republic shall enjoy rights and perform obligations equally with the citizens of the Kyrgyz Republic except for cases defined by law or international treaty to which the Kyrgyz Republic is a party.
In accordance with international commitments the Kyrgyz Republic shall grant asylum to foreign citizens and stateless persons persecuted on political grounds as well as on the grounds of violation of human rights and freedoms.

Article 20

The laws that deny or derogate human and civil rights and freedoms shall not be adopted in the Kyrgyz Republic.
Human and civil rights and freedoms may be limited by the Constitution and laws for the purposes of protecting national security, public order, health and morale of the population as well as rights and freedoms of other persons. Such limitations can be also introduced in view of specific modalities of military or other civil service. The introduced limitations should be commensurate to the declared objectives.The adoption of by-law regulatory acts which limit human and civil rights and freedoms is prohibited.
A law may not impose the limitation of rights and freedoms with other objective and to a greater extent than it is envisaged in the Constitution.
The following guarantees of prohibition established by the present Constitution shall not be subject to any limitations:
1. On application of death penalty, torture and other inhuman, cruel and degrading forms of treatment or punishment;
2. On conducting of medical, biological or psychological experiments on people without their duly expressed and verified voluntary consent;
3. On slavery and human trafficking;
4. On exploitation of child labor;
5. On deprivation of freedom solely for the inability of a person to meet the contractual obligation;
6. On criminal prosecution for the dissemination of information which encroaches on honor and dignity of a person;
7. On coercion to express opinions, religious or other beliefs or denial thereof;
8. On coercion to participate in a peaceful assembly;
9. On coercion to determine and state one’s ethnicity;
10. On arbitrary deprivation of housing.
The following rights established in the present Constitution, shall not be subject to any limitation whatsoever:
1. That of each detained person to human treatment and respect of human dignity;
2. That of appeal to pardon or alleviation of punishment;
3. That of repeated consideration of the case by a higher court;
4. That of freedom of thought and opinion;
5. That of freedom of choice and possessing religious or other beliefs;
6. That of freedom to determine and state one’s ethnicity;
7. That of compensation by their state of harm caused by illegal actions of state authorities, local self-governance bodies and officials thereof in their official capacity;
8. That of judicial protection;
9. That of free basic general and secondary general education in state educational establishments;
10. That of a citizen to unimpeded return to the Kyrgyz Republic.

Chapter II. Human rights and freedoms

Article 21

Everyone shall have an inalienable right to life. No one may be arbitrarily deprived of life. Death penalty is prohibited.

Article 22

No one may be subject to torture as well as other inhuman, cruel and degrading forms of treatment or punishment.
Each person deprived of liberty shall have the right to human treatment and respect of human dignity.
Conducting of medical, biological or psychological experiments on people without their duly expressed and verified voluntary consent is prohibited.

Article 23

Slavery and human trafficking is prohibited in the Kyrgyz Republic.
Exploitation of child labor is prohibited.
Forced labor is prohibited except for cases of war, liquidation of aftermath of natural disasters and other emergencies as well as in execution of the verdict of court.Enlistment to military or alternative (civilian) service shall not be considered as forced labor.

Article 24

Everyone shall have the right to freedom and personal immunity.
No one may be deprived of freedom solely for his / her inability to meet a contractual obligation.
No one may be arrested, kept in custody or be deprived of freedom except by court decision and solely on the basis of and in accordance with the procedures established by the law.
No one may be detained in custody for more than 48 hours without the court ruling.Anyone detained person should be promptly or in any case until expiration of 48 hours since the moment of detention should be delivered to court in order to decide the issue on the legality of his/her detention.
In certain cases the lay may provide for shorter terms of detention.

Any detained person has the right to review the legality of detention in accordance with the rules and periodicity established by law. In the event that the grounds for detention ceases to be valid, such person should be immediately released.
Any detained person shall be informed urgently of the grounds for his/her detention, have rights explained and ensured, including the right of medical inspection and assistance from the doctor.
Since the moment of actual detention a person should be kept safe, such person shall be granted an opportunity to protect himself/herself personally, enjoy qualified legal aid from a lawyer as well as have an attorney.
The right to exemption from criminal liability for committed crimes for which the statute of limitation is expired may be determined by the law.

Article 25

Everyone shall have the right to liberty of movement, freedom to choose their destination and residence in the Kyrgyz Republic.
Everyone shall have the right to freely leave the Kyrgyz Republic.

Article 26

Everyone shall be presumed innocent of committing a crime until found guilty in accordance with the law and his/her guilt was ascertained by a court verdict having entered into force. The violation of this principle shall serve a basis for the compensation of material and moral damage through a court.
No one should prove his/her innocence. Any doubts in respect of culpability shall be interpreted for the benefit of the accused.
No one shall be convicted of a crime solely on the basis of his/her own confession in having committed an offense.
The burden of proof of guilt in criminal case shall be on the accuser. Evidence obtained in violation of the law shall not be used for the justification of the accusation and delivery of court verdict.
No one shall be obliged to testify against themselves, his/her spouse or close relatives as determined by law. The law may provide for other cases in which they are relieved from the obligation to testify.
Everyone shall have the right to have their case examined by a court with the participation of jurors in cases stipulated by law.

Article 27

Each convicted person shall have the right to a reconsideration of his/her case by a higher court in accordance with the provisions of law.
Each convicted person shall have the right to seek a pardon or alleviation of punishment.
No one shall bear repeated legal liability for one and the same offense.

Article 28

A law establishing or aggravating the liability of a person shall not have retroactive force. No one may be held guilty of any act which did not constitute a criminal offence at the time when it had been committed. In the event that after committing an offence, provision is made for the removal of the liability or imposing of a lighter penalty, then the new law shall be applied.
Application of the criminal law by analogy shall not be permitted.

Article 29

Everyone shall have the right to inviolability of one’s private life and the and protection of honor and dignity.
Everyone shall have the right to secrecy of correspondence, telephone and other conversations, postal, telegraphic, electronic and other communications. The limitation of these rights is allowed only in accordance with law and solely on the basis of a court order.
Collection, storage, use and dissemination of confidential information as well as information on private life of a person without his/her consent shall not be allowed except for cases envisaged in the law.
Everyone shall be guaranteed protection, including judicial defense, from illegal collection, storage and dissemination of confidential information and information on private life of a person; the right for the compensation of material and moral damage caused by illegal action shall be guaranteed.

Article 30

Everyone shall have the right of the inviolability of housing as well as other objects to which he/she has proprietary or other right. No one may penetrate housing or other objects against the will of a person who uses them.
Searches, seizures, inspections and performing other actions as well as penetration of public agents in housing or other objects owned or otherwise possessed shall be allowed only on the basis of a court order.
In cases envisaged by law, search, seizure, inspection and other actions as well as penetration of public agents in housing and other objects owned or otherwise possessed shall be allowed without court order. The legality and relevance of such actions shall be subject to judicial scrutiny.
Guarantees and limitations envisaged in this article shall be also applicable to legal entities.

Article 31

Everyone shall have the right to freedom of thought and opinion.
Everyone shall have the right to free expression of opinion, freedom of speech and press.
No one may be forced to express his/her opinion or deny it.
The propagation of national, ethnic, racial and religious hatred, gender as well as other social supremacy which calls to discrimination, hostility and violence shall be prohibited.

Article 32

Everyone shall be guaranteed freedom of conscience and belief.
Everyone shall have the right to confess individually or jointly with other persons any religion or not to confess religion.
Everyone shall have the right to freely choose and have religions and other convictions.
No one may be forced to express his/her religious and other convictions or deny them.

Article 33

Everyone shall have the right to freely seek, receive, keep and use information and disseminate it orally, in writing or otherwise.
Everyone shall have the right to acquaint with the information on himself/herself in state authorities, local self governance bodies, institutions and organizations.
Everyone shall have the right to obtain information on the activity of state authorities, local self governance bodies as well as officials thereof, legal entities with the participation of state authorities and local self governance bodies as well as organizations financed from the republican and local budgets.
Everyone shall be guaranteed access to information in the possession of state authorities, local self governance bodies as well as officials thereof. The regulations of providing information shall be envisaged in the law.
No one may be subject to criminal prosecution for the dissemination of information which abases or humiliates honor and dignity of a person.

Article 34

Everyone shall have the right to freedom of peaceful assembly. No one may be forced to participate in the assembly.
In order to ensure the conduct of a peaceful assembly everyone shall have the right to submit notice to state authorities.Prohibition and limitation on conduct of a peaceful assembly shall not be allowed; the same applies to refusal to duly ensure it failing to submit notice on conduct of free assembly, non-compliance with the form of notice, its contents and submission deadlines.
The organizers and participants in peaceful assemblies shall not be liable for the absence of notice on the conduct of a peaceful assembly, non-compliance with the form of notice, its contents and submission deadline.

Article 35

Everyone shall have the right of freedom of association.

Article 36

Family shall be the foundation of the society. Family, paternity, maternity and childhood shall be the subject of care of the entire society and preferential protection by law.
Each child shall have the right to the level of life, necessary for his/her physical, mental, spiritual, moral and social development.
The responsibility for ensuring living conditions necessary for the development of a child, shall be borne by each of the parents or other persons rearing a child within their capacity and financial possibilities.
The state shall ensure the maintenance, upbringing and education to child orphans and children deprived of parental care.
A family is created upon voluntary union of a man and a woman who reached the age of consent and entry into marriage. No marriage shall be entered into without mutual consent of persons desiring to marry. The marriage shall be registered by the state.The spouses shall have equal rights and obligations in marriage and family.

Article 37

In the Kyrgyz Republic, folk customs and traditions which do not infringe upon human rights and freedoms shall be supported by the State.
Respect for the elderly and caring for family and close relatives shall be the obligation of everyone.

Article 38

Everyone shall have the right to freely determine and state his/her ethnicity. No one may be forced to determine and state his/her ethnicity.

Article 39

Everyone shall have the right to compensation for any damage caused by illegal acts of state authorities, local self governance bodies or officials thereof in their official capacity.

Article 40

Everyone shall be guaranteed judicial protection of his/her rights and freedoms envisaged in the present Constitution, laws, international treaties to which the Kyrgyz Republic is a party as well as universally recognized principles and norms of international law.The state shall ensure the development of extrajudicial and pre-trial methods, forms and means to protect human and civil rights and freedoms.
Everyone shall have the right to protect his/her rights and freedoms by any means that are not prohibited by law.
Everyone shall have the right to be provided with qualified legal aid. In cases provided for in the law, legal aid is rendered at the expense of the state.

Article 41

Everyone shall have the right to appeal to state authorities, local self governance bodies as well as officials thereof; these officials should provide a substantiated answer within the deadlines envisaged in the law.
Everyone shall have the right to apply in accordance with international treaties to international human rights bodies seeking protection of violated rights and freedoms.

Article 42

Everyone shall have the right to possess, use and dispose of his/her property and results of activity.
Everyone shall have the right to economic freedom and free use of his/her abilities and property for any economic activity not prohibited by law.
Everyone shall have the right to freedom of labor, the use of his/her their abilities for work and choice of profession and occupation, labor protection and labor arrangements meeting safety and hygienic requirements as well as the right to remuneration for labor not less than minimum subsistence level.

Article 43

Everyone shall have the right to strike.

Article 44

Everyone shall have the right to leisure.
Maximum duration of work time, minimal weekly rest, paid annual leave as well as other basic modalities of the implementation of right to leisure shall be envisaged in the law.

Article 45

Everyone shall have the right to education.
General basic education shall be compulsory.Everyone shall have the right to receive general basic and secondary basic education in state educational establishments free of charge.
The State shall create conditions for teaching everyone in the state, official and one international language beginning from pre-school educational establishments until the general basic education.
The State shall create conditions for the development of public, municipal and private educational establishments.
The State shall create conditions for the development of physical culture and sports.

Article 46

Everyone shall have the right to housing.
No one may be arbitrarily deprived of housing.
State authorities and local self governance bodies shall promote construction and shall create conditions for the implementation of the right to housing.
Housing to low income persons as well as other persons in need shall be provided free of charge or for affordable payment from the state, municipal and other housing funds or in social institutions on the conditions and in accordance with the procedures established by law.

Article 47

Everyone shall have the right to health protection.
The State shall create conditions for medical servicing of everyone and shall take measures to develop public, municipal and private healthcare sectors.
Free medical service as well as medical service on preferential terms shall be ensured within the volume of state guarantees envisaged in the law.
Withholding of facts and circumstances endangering life and health of people by officials shall be subject to liability established by the law.

Article 48

Everyone shall have the right to environment favorable for life and health.
Everyone shall have the right to compensation of damage to health or property resulting from actions in the area of nature management.
Everyone should care for the environment, flora and fauna.

Article 49

Everyone shall be guaranteed freedom of activity in literature, art, science, technical and other areas as well as teaching.
Everyone shall have the right to participate in cultural life and access to cultural values.The State shall ensure the preservation of historical monuments as well as other objects of cultural heritage.
Intellectual property shall be protected by law.

Chapter III. Citizenship. Rights and duties of a citizen

Article 50

A citizen shall have rights and bear duties resulting from his/her citizenship.
No one may be deprived of his/her citizenship and denied the right to change his/her citizenship otherwise than in cases and according to procedures established by the constitutional law. Persons who are citizens of the Kyrgyz Republic shall enjoy recognition of affiliation to the citizenship of another state in accordance with the law and international treaties to which the Kyrgyz Republic is a party.
The Kyrgyz people living outside the Kyrgyz Republic shall have the right, regardless of their citizenship of another State, to acquire citizenship of the Kyrgyz Republic under a simplified procedure.The procedure and conditions for granting citizenship of the Kyrgyz Republic shall be defined by law.
A citizen may not be expelled beyond the borders of the republic or extradited to another State.
The Kyrgyz Republic shall guarantee its citizens defense and protection beyond its borders.

Article 51

Citizens shall have the right to unimpeded return to the Kyrgyz Republic.

Article 52

Citizens shall have the right to:
1. participate in the discussion and adoption of laws and decisions of republican and local significance;
2. to elect and to be elected to state authorities and local self governance bodies in accordance with the procedures established by the present Constitution and the law;
3. to take part in referenda in accordance with procedures established by the constitutional law.
Citizens shall have the right to hold people’s kurultai [assemblies] on issues of state and public importance.The decision of people’s kurultai shall be delivered to the respective agencies as recommendations.
The regulations of conducting people’s kurultai shall be defined in the law.
Citizens shall have the right to participate in the formulation of the republican and local budgets as well as obtain information on actual spending of budgetary funds.
Citizens shall have equal rights and equal opportunities to take up posts in civil and municipal service as well as promotion in accordance with the regulations established in the law.
Citizens of the Kyrgyz Republic who have another citizenship may not assume political state posts and the positions of judges. Such limitation may be also established by the law for other public positions.

Article 53

Social security in old age, in case of disease and in the event of disability or loss of the breadwinner shall be guaranteed to the citizens under a procedure and in the cases established by the law.
Pensions and social assistance in accordance with the economic resources of the state shall ensure a standard of living not lower than the minimum subsistence level established by the law.
Voluntary social insurance and establishment of additional forms of social security and charity shall be promoted.
Social activity of the State shall not result in the state guardianship limiting economic freedom and activity of a citizen and the possibilities of a citizen to attain economic wellbeing for himself/herself and his/her family.

Article 54

The State shall promote the increase of professional qualification of citizens under a procedure established by the law.

Article 55

Citizens should pay taxes and dues in cases and pursuant the procedures envisaged by the law.

Article 56

Protection of Fatherland is a sacred duty and the responsibility of citizens.
The reasons and the procedures of exemption of citizens from military service or replacement thereof with alternative (civilian) service shall be defined in the law.

Article 57

The organization and activities of the bar as a self-regulated professional community of lawyers as well as the rights, obligations and responsibilities of lawyers shall be defined by the law.

Article 58

For the purposes of extrajudicial resolution of disputes arising from civil law relations, citizens of the Kyrgyz Republic shall have the right to establish courts of arbitration. The competences, the procedures of establishment and the activity of courts of arbitration shall be defined by the law.

Article 59

The citizens of the Kyrgyz Republic shall have the right to establish the courts of aksakaly [elders]. The competences, the procedures of establishment and the activity of the courts of aksakaly [elders] shall be defined by the law.