C. Principle (sic) areas of concern and recommendations

Definition of discrimination against women and discriminatory laws

9. The Committee notes the adoption of a new Constitution by the State party in 2010 and of the Law on State Guarantees of Equal Rights and Opportunities for Men and Women, of 2008, which provides a definition of discrimination that encompasses direct and indirect discrimination in both the public and private spheres, in accordance with article 1 of the Convention. It is, however, concerned that draft law No. 6-11804/14, which has passed the first reading stage in the parliament, introduces criminal and administrative sanctions for the “formation of a positive attitude to non-traditional sexual relations”, which may discriminate against certain groups of women, including lesbian, bisexual, transgender and intersex women.

10. The Committee urges the State party:

(a) To ensure that the discriminatory draft law No. 6-11804/14 is not adopted;

(b) To adopt comprehensive anti-discrimination legislation which prohibits discrimination against women on all grounds.

Health

29. The Committee notes the adoption by the State party of the Den Sooluk health-care reform programme for 2012-2016 and the pre-natal programme for 2006-2010. However, it is concerned:

(d) That in spite of some measures, there is persistent discrimination against some groups of women, including lesbian, bisexual, transgender and intersex women and women involved in prostitution, in the provision of health-care services.

Disadvantaged groups of women

33. The Committee notes that the State party recognizes the existence of various disadvantaged groups of women, including migrant workers, older women, women domestic workers, women belonging to ethnic minorities, women drug users and lesbian, bisexual, transgender and intersex women. The Committee is, however, concerned about the situation of those groups of women who face intersecting forms of discrimination. The Committee is also concerned about the absence of an official procedure to change the gender marker on identity documents for transgender women, which exacerbates discrimination against them.

34. The Committee recommends that the State party:

(a) Adopt measures, including temporary special measures within the meaning of article 4 (1) of the Convention and the Committee’s general recommendation No. 25 on the subject, to ensure equal rights and opportunities for women who face intersecting forms of discrimination;

(b) Ensure access to sustainable, non-discriminatory and non-prejudiced services, such as shelters, sexual and reproductive health services, legal aid and counselling, and employment for all women, in particular women facing intersecting forms of discrimination, and protect them from violence, abuse and exploitation;

(c) Adopt the legislative measures and targeted policies necessary to address multiple forms of discrimination and promote the integration into society of disadvantaged and marginalized groups of women facing intersecting forms of discrimination;

(d) Finalize and adopt an expeditious, transparent and accessible official procedure to change the gender marker on the identity documents of transgender women who wish to obtain legal recognition of their gender.

Link to full text of the report: Concluding Observations-CEDAW-Kyrgyzstan-2015-eng