GENEVA - UN experts* today expressed deep concern regarding the advancement of a draft law in Kyrgyzstan that they warned would effectively institutionalise discrimination against transgender and other gender-diverse persons and undermine fundamental rights and freedoms.
"We deeply regret the adoption at first reading of the draft Law on Amendments to Certain Legislative Acts of the Kyrgyz Republic by the Parliament of Kyrgyzstan in June," the experts said.
The draft law would amend the current legal framework to define legal sex for civil status and family law purposes as immutable and based solely on biological characteristics at birth. It would also prohibit the change of gender markers in civil records and documentation, ban gender-affirming medical interventions and oblige parents to raise their children strictly according to their assigned sex at birth.
"As previously expressed, the discriminatory amendments that this law proposes violate the country's Constitution and its obligations under international human rights law, including the obligation to uphold the principle of gender equality, the rights to privacy, health, education, and to express one's identity, freedom of expression and freedom of peaceful assembly and association" the experts said.
They challenged the arguments advanced to justify these amendments.
"There is no evidence that recognising gender diversity undermines demographic policy, national security, or sustainable development, as the authors of this legislation have purported," the experts said. "Furthermore, fear of difference and moral disapproval of transgender and other gender-diverse persons do not constitute a legitimate basis for the restriction of human rights."
The experts urged the Parliament of Kyrgyzstan to withdraw the draft law and ensure any future legislation reflect Kyrgyzstan's international and domestic human rights obligations.
