The deputy notes that modern medical technologies make gender correction more accessible, leading to active discussion of this topic in society. However, legislation in this area lags behind technical progress, creating a legal vacuum.
According to the initiator, issues of transgenderism and gender identity often provoke conflicts with traditional religious and moral views, complicating the achievement of public consensus.Currently, there is a legal gap in Kyrgyz legislation that allows for the possibility of changing gender information in civil status records and passports based on medical documents. Mamataliev points out that such a practice has no historical roots in Kyrgyz society and poses risks to demographic policy, public morality, and national security.
Mentioning in social media the first request to the institution "Kyzmat" emphasizes the need for legislative regulation of this issue to protect constitutional foundations and traditional family values.In Kyrgyz culture, the concepts of "erkek" (man) and "ayal" (woman) have a strong binary nature, which is reflected in the Family Code (Article 63). The law clearly defines the formation of surnames using the terms "uulu" (son) and "kyzy" (daughter), which are related to biological sex at birth and emphasize the importance of lineage continuity in the traditional worldview of Kyrgyz people. The introduction of administrative gender change undermines these cultural and legal foundations, creating contradictions in the kinship system and questioning personal identity in the context of national traditions, the author of the bill indicates.
The family, as a union of a man and a woman, is the basic unit of society and is protected by the state (Article 20 of the Constitution). The introduction of gender change practices may lead to legal conflicts that undermine the foundations of family law. The legalization of changes in gender documents also opens up opportunities for abuse and illegal activities, creating serious risks.
In light of the above, Mamataliev proposes to add a new Article 1-1 to the Family Code, "Determination of Gender for the Purposes of Family Legal Relations":
- The gender of an individual for the purposes of this code is determined exclusively based on biological (anatomical and genetic) indicators recorded at birth.
- Changing the gender indicated in the birth record is not recognized and does not entail changes in the rights and obligations provided for by this code, including marriage, motherhood, and fatherhood.
- For minors, any actions aimed at changing their gender identity, including medical, surgical, and psychological interventions, are prohibited. Parents are required to raise children according to their biological sex and protect them from interventions aimed at changing their gender.
It is also proposed to supplement the norm establishing a ban on marriage between individuals of the same biological sex.The mother of a child can only be recognized as a female individual, and the father as a male individual.
Additionally, Mamataliev proposes to amend the Law "On the Protection of Citizens' Health in the Kyrgyz Republic," which will prohibit medical interventions aimed at changing gender, except in cases where it is necessary for the treatment of congenital anomalies of sexual development, confirmed by a medical commission and a court decision.
The photo on the main page is illustrative: informburo.kz.
