1. Fundamental human rights and freedoms are inalienable and belong to each person from birth.
Human rights and freedoms are of superior value. They act directly and define the meaning and the content of the activity of legislative, executive power and government bodies.
2. The Kyrgyz Republic shall respect and ensure human rights and freedoms to all persons on its territory and under its jurisdiction.
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 civic rights and freedoms.
1. Laws that deny or derogate human and civil rights and freedoms shall not be adopted in the Kyrgyz Republic.
2. Human and civil rights and freedoms may be limited by the Constitution and Acts of Parliament for the purposes of protecting national security, public order, health and morale of the population as well as rights and freedoms of other persons. 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.
3. An Act of Parliament may not impose the limitation of rights and freedoms with other objective and to a greater extent than it is envisaged in the Constitution.
4. 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;
3.On slavery and human trafficking;
4.On exploitation of child labor;
1. No one may be subjected to torture or other inhuman, cruel or degrading forms of treatment or punishment.
2. Each person deprived of liberty shall have the right to human treatment and respect of human dignity.
3. Medical, biological or psychological experiments on people without their duly expressed and verified voluntary consent are prohibited.
1. Slavery and human trafficking are prohibited in the Kyrgyz Republic.
2. Exploitation of child labor is prohibited.
3. Forced labor is prohibited except the case of war, the clean-up of natural disasters and other emergencies and the execution of the verdict of a court.
Enlistment to military or alternative (civilian) service shall not be considered as forced labor.
1. Everyone shall have the right to freedom and personal immunity.
2. No one may be deprived of freedom solely on the grounds of failure to meet civil legal obligation.
1. Everyone shall have the right to liberty of movement, freedom to choose their destination and residence in the Kyrgyz Republic.
2. Everyone shall have the right to freely leave the Kyrgyz Republic.
5. Persons reaching the age of consent shall have the right to marry and create a family. No marriage may be entered into without voluntary and mutual consent of the couple. The marriage shall be registered by the state.
1. Everyone shall have the right to leisure.
2. 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 171. Trafficking in persons
1. Trafficking in persons, that is, their recruitment, transportation, harboring, reception or transfer, carried out with their consent or without consent, by threat, use of force or other forms of coercion, blackmail, kidnapping, fraud, deceit, for the purpose of exploitation or other benefits or without it, -
shall be punished by imprisonment of category II.
2. The same act committed:
1) in relation to two or more persons;
2) in relation to a minor;
3) by a group of persons by prior conspiracy;
4) a person using his official position;
5) with the transfer of the victim across the state border of the Kyrgyz Republic or his illegal retention abroad;
6) in relation to a person who is in material or other dependence on the guilty party, -
tackled by imprisonment of category III.
3. The same act committed:
1) for the purpose of removing organs or tissues from a person for transplantation;
2) in relation to a woman, known to the perpetrator in a state of pregnancy;
3) in relation to the minor;
4) with negligence of grievous harm, -
shall be punished by imprisonment of category IV.
4. The recruitment, transportation, harboring, reception or transfer of a minor or minor, carried out with or without consent, without the use of force or other forms of coercion, blackmail, kidnapping, fraud, deceit, for the purpose of exploitation or other gain or without it, -
shall be punished by imprisonment of category II.
Note. Recruitment is understood as the activity of individuals or legal entities in the search, selection, admission and hiring of people for material compensation for the performance of any work, the provision of services in the interests of the employer or other eggs.
Exploitation is understood as coercion of individuals 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 forced labor.
A person who is a victim of trafficking in persons shall be exempted from criminal liability for committing acts of a criminal offense, or a less serious crime, if he will assist law enforcement agencies in identifying and prosecuting the organizers, performers and co-executors of the trafficking process.
Article 173. Forced labor (slave labor)
Shall be punishable by a fine of II category or imprisonment of II category.
1) knowingly in relation to a minor;
2) with the use of blackmail, violence or threat with the use of such violence, which does not endanger life and health;
3) withdrawal, concealment or destruction of identity documents of the victim, -
Shall be punishable by a fine of III category or imprisonment of III category.
1) knowingly in relation to a minor;
2) caused serious damage to health through negligence, -
Shall be punishable by a fine of 4 categories and imprisonment of 4 categories.
Article 381. Crimes Against Humanity
Illegal deportation, illegal detention, enslavement, mass or systematic execution of executions without trial, deliberate systematic widespread attack on any civilians, forced displacement, kidnapping, torture or acts of harassment committed with the aim of discrimination based on gender, race, language, disability, ethnicity, religion, age, political and other beliefs, education, origin, property and other status of civilian Elena -
shall be punished by imprisonment of VI category or life imprisonment with a fine of VI category or without it.
Article 124. Traffic in Persons
(1) Trafficking, including recruiting, transport, harboring, reception, transfer, purchase and sale of a person or another unlawful transaction with or without such person's consent, using force, blackmail, fraud, deception, kidnapping for the purpose of further exploitation or other interests, -
shall be sentenced by 5 to 10 years of imprisonment with or with no property seizure.
(2) The same act committed:
1) towards several persons;
2) towards a juvenile;
4) under a preliminary group concert;
5) abuse of power or position;
6) towards a person materially or in other way dependent on the offender;
7) with illegal exporting a person abroad or illegal importing a person from abroad;
8) threading with or using non-hazardous violence;
9) using forged documents, as well as with seizure, concealment or destruction of the victim's identity documents,
- shall be punishable by 8 to 15 years of imprisonment with property seizure.
(3) The same act committed:
1) with the purpose of removal of the person's organs or tissues for transplantation;
2) threading with or using hazardous violence;
3) towards a knowingly pregnant woman;
4) towards a juvenile;
5) using arms or objects used as arms;
6) in a manner threading many people's lives and health;
7) resulting in death of the person or other severe consequences through carelessness;
8) by an organized group,
- shall be punishable by 15 to 20 years of imprisonment with property seizure.
Note: Exploitation means involvement of a person in criminal activities, forcing into prostitution or other sexual activities, forced labor or services, slavery, adoption for commercial purposes, or using in armed conflicts. A person that became a trafficking victim shall be exempted from criminal liability for actions considered criminal offences if such person assists law-enforcement bodies in identifying and making criminally liable of trafficking organizers, executors and participants. (As amended by the Kyrgyz Republic Laws of August 9, 2003, #193; January 5, 2006, #1)
Article 125. Illegal confinement
(1) limiting the person's freedom of movement with violent confinement and with no attributes of malfeasance, - shall be punishable by up to three years of restricted liberty or up to three years of imprisonment.
(2) The same act if committed:
1) by a group of persons under preliminary concert;
2) with hazardous violence;
3) using arms or other objects used as arms;
4) towards a knowingly juvenile person; 5) towards 2 or more persons;
6) towards a woman knowingly pregnant, - shall be punishable by 3 to 7 years of imprisonment.
(3) Acts provided by p
arts 1 and 2 of this Article, if committed by an organized group or leading to death of the victim or other severe consequences through carelessness, - shall be punishable by 7 to 10 years of imprisonment. (As amended by the Kyrgyz Republic Law of August 9, 2003, #193)
Article 143. Labor Law Violation
Knowingly unlawful dismissal of a person, as well as other significant Labor Law violation committed for personal interest, - shall be punishable by a fine in the amount of up to 50 estimated rates, or disqualification from holding specified offices or engaging in specified activities for up to 5 years.
Article 154. Contraction of Common-law Marriage with a Person under Age of Consent
(1) Contraction of common-law marriage with a person under age of consent, -
shall be sentenced by up to 3 years of imprisonment.
2) Contraction of common-law marriage with a person under age of 16 or coercion into such relationships, -
shall be sentenced by up to 5 years of imprisonment.
(3) Kidnapping of a person under age of 16 for further contraction of common-law marriage, -
shall be sentenced by 3 to 7 years of imprisonment.
Article 155. Coercion of a Woman into Marriage or Preventing from Marriage
Coercion of a woman into marriage, continuation of marriage cohabitation, or kidnapping for further marriage contraction against her will, as well as preventing a woman from contracting marriage, - shall be punishable by a fine in the amount of 100 to 200 estimated rates, or up to three years of restricted liberty.
Article 260. Involvement in Prostitution
(1) Involvement in prostitution by means of applying violence or the threat of its use, blackmail, destroying or damaging property, or by means of fraud, shall be punishable by a fine in the amount of 500 to 1,000 estimated rates or one to three years of restricted liberty or one to three years of imprisonment.
(2) The same deed committed by an organized group, shall be punishable by a fine in the amount of 1,000 to 10,000 estimated rates or three to five years of restricted liberty or three to five years of imprisonment.
Article 261. Organization or Maintenance of Hangouts for Prostitution Organization
(1) Acts committed with an objective of organizing prostitution to be engaged in by other persons or maintenance of hangouts for prostitution or systematically offering premises for purposes of prostitution, shall be punishable by a fine in the amount of 500 to 1,000 estimated rates or up to five years of restricted liberty or up to three years of imprisonment with confiscation of property. (2) The same acts committed: 1) by a person using his official position; 2) employing violence or a threat of violence, shall be punishable by a fine in the amount of 2,000 to 5,000 estimated rates or up to two years of correctional work or three to five years of restricted liberty or three to five years of imprisonment with confiscation of property. (3) Acts specified in (1) and (2) of this Article committed with the employment for purposes of prostitution of persons aged evidently under fourteen years, shall be punishable by five to ten years of imprisonment with confiscation of property.
Article 262. Illegal Distribution of Pornographic Materials or Objects Illegal
making for the purpose of sale, dissemination or advertising, of pornographic works, printing, pictures, or any other pornographic objects, and likewise illegal trade in these objects or storage for the purpose of sale, shall be punishable by a fine in the amount of two hundred to three hundred estimated rates or by imprisonment for a term of up to two years with confiscation of property or without such confiscation.
Article 10. Prohibition of forced labor
Forced labor, that is, compulsion to perform work under the threat of using any violent influence, is prohibited, except in the following cases:
- performance of work, which is stipulated by the legislation on military service and military service or replacing it with alternative service;
- performance of work in emergency situations, that is, in cases of declaration of emergency or martial law, disaster or threat of disaster (fires, floods, famine, earthquakes, severe epidemics or epizootics), as well as in other cases endangering life or normal life Conditions of the whole population or part of it;
- performance of work due to an effective court verdict under the supervision of state bodies responsible for compliance with the law when executing judicial sentences.
The use of child labor in the worst forms is prohibited.
Article 3 Affords men and women equal rights to enter into marriage. The marriageable age both for men and for women is 18. If there are legitimate reasons, executive-administrative bodies of local self-government for the place of residence of the individuals wishing to marry are, at the request of those individuals, entitled to allow those individuals to marry even if the female has only reached the age of 16. Normally, legitimate reasons consist of the girl's being pregnant or already having a baby.
Note: Establishes the institutional framework for responding to human trafficking, rather than specific crimes.
Article 1. Concepts used in this Law
The victim of trafficking in persons is a person who has suffered from human trafficking, regardless of whether the person has consented to the recruitment, transportation, transfer, sale or other activities related to trafficking in persons;
Forced labor - the performance of any work or provision of services under the threat of punishment, for the performance of which the person voluntarily did not give consent;
Slavery - the condition or position of a person in respect of which some or all of the powers inherent in the right of ownership are exercised;
Trafficking in human beings - recruiting, transporting, harboring, receiving, transferring, buying or selling a person or other illegal transaction with his consent or without consent, through coercion, blackmail, fraud, deception, kidnapping, exploitation or other benefits;
Exploitation involving a person in criminal activity; Coercion of a person for prostitution or other forms of sexual activity, forced labor or services, slavery, adoption for commercial purposes, use in armed conflicts;
Article 29. Liability for Violation of the Legislation on Combating Trafficking in Human Beings
1. Persons culpable of violation of the legislation on combating trafficking in human beings shall be liable according to the law.
In July 2012, the president signed into law a new Code on Children; Article 15 of which prohibits all forms of forced child labor (US TIP, 2013, p228).