According to the deputy, issues related to transgenderism and gender identity often contradict traditional spiritual and moral values, making it difficult to achieve public consensus.
In the current legislation of Kyrgyzstan, there is a gap that allows for changes to be made to gender records in civil acts and passports based on medical certificates. This practice, in Mamataliyev's opinion, lacks cultural roots in society and may threaten demographic policy, public morality, and state security.
The mention of the first appeal to the state institution "Kyzmat" on social media confirms the need to regulate this issue in order to protect constitutional and family values.In Kyrgyz culture, the terms "erkek" (man) and "ayal" (woman) have clear and binary meanings, which is reflected in the Family Code (Article 63). The law establishes rules for the formation of surnames based on biological sex at birth, emphasizing the importance of lineage—a key element of the traditional worldview of the Kyrgyz. The possibility of administrative gender change calls into question these cultural norms and may lead to conflicts regarding kinship, notes the author of the draft law.
The family, as a union of a man and a woman, is recognized as the basic unit of society and is protected by the state (Article 20 of the Constitution). The possibility of changing gender in documents creates legal contradictions and threatens the foundations of family law. The legalization of such changes could lead to abuses and violations, creating serious risks in various areas.
In this regard, Mamataliyev proposes to add a new Article 1-1 "Definition of Gender for the Purposes of Family Legal Relations" to the Family Code:
- The gender of a natural person for the purposes of this code is determined exclusively by biological (anatomical and genetic) characteristics recorded in the birth certificate.
- Changes to the gender indicated in the birth certificate are not recognized and do not entail changes in rights and obligations provided for by this code, including marriage, motherhood, and fatherhood.
- Any actions aimed at changing the gender identity of minors are prohibited, including medical, surgical, and psychological interventions. Parents must raise children according to their biological sex and protect their physical and mental health from interventions aimed at changing gender.
Marriage between individuals of the same biological sex will also be prohibited.A female individual may be recognized as the mother of a child, while only a male individual may be recognized as the father.
In addition, Mamataliyev plans to amend the Law "On the Protection of Citizens' Health in the Kyrgyz Republic" to prohibit medical interventions (surgical operations, hormone therapy) for changing gender, except in cases of treating congenital anomalies of sexual development confirmed by a medical commission and a court decision.
Photo on the main page is illustrative: informburo.kz.
