The emerging accessibility of medical technologies that allow for gender transition is leading to increased discussions in society. However, legislation is lagging behind these changes, creating a legal vacuum.
The deputy emphasizes that issues related to transgenderism and gender identity often contradict traditional moral and spiritual values, complicating the achievement of consensus in society.The existing legal gap allows for changes to gender markers in civil documents, which can lead to serious consequences. Mamataliyev asserts that such practices have no basis in Kyrgyz culture and pose risks to demographic policy, public morality, and national security.
The mention of the first appeal to the state institution "Kyzmat" on social media highlights the need for legislative regulation to protect traditional values and family interests.In Kyrgyz culture, the concepts of "erkek" (man) and "ayal" (woman) are fundamental and firmly established in the Family Code (Article 63). The law clearly defines the formation of surnames through "uulu" (son) and "kyzy" (daughter), emphasizing the connection to biological sex at birth and the importance of lineage continuity. The possibility of changing gender creates a conflict with these cultural traditions and calls into question personal identity, notes the initiator of the draft law.
A family consisting of a man and a woman represents the basic unit of society and has state protection (Article 20 of the Constitution). The practice of gender transition may lead to legal conflicts and threaten the foundations of family law. Furthermore, the legalization of gender change in documents opens up opportunities for abuse and illegal activities.
In this regard, Mamataliyev proposes a new Article 1-1 in the Family Code titled "Determination of Gender for the Purposes of Family Legal Relations":
- The gender of a natural person is determined exclusively based on biological (anatomical and genetic) characteristics specified in birth certificates.
- Changes to gender in the birth record are not recognized and do not affect the rights and obligations provided by the code, including marriage and the establishment of kinship.
- Any actions aimed at changing gender identity or notions of gender transition for minors are prohibited, including medical and psychological interventions. Parents are required to raise children in accordance with their biological sex and protect their health from such interventions.
It is also proposed to prohibit marriages between individuals of the same biological sex.A mother can only be recognized as a woman, and a father can only be recognized as a man.
Additionally, the deputy proposes to supplement the Law "On the Protection of Citizens' Health in the Kyrgyz Republic" with a provision prohibiting medical interventions aimed at gender transition, except in cases of treating congenital anomalies confirmed by a medical commission and a court decision.
The photo on the main page is illustrative: informburo.kz.
