The United Nations Committee on the Elimination of All Forms of Discrimination against Women: Implementing the Recommendations to Kyrgyzstan

Abstract

This Master’s thesis focuses on the extent to which the Kyrgyz Republic has implemented the recommendations issued by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) following the examination of its Fifth Periodic Report by the CEDAW Committee. Although the country ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1997 and made international commitments to ensure gender equality, there remains a significant gap between what is enshrined in law and what is implemented in practice. The aim of the study is to assess the degree of implementation of the CEDAW Committee’s recommendations and to identify the key factors hindering the achievement of substantive equality between women and men in Kyrgyzstan. The research focuses on gender-based violence, harmful practices such as bride kidnapping (kyrg. ala-kachuu) and early marriage, discrimination against marginalized groups of women, women’s participation in political and public life, employment, and the impact of gender stereotypes on law enforcement practice. The research methodology is based on a combination of doctrinal and legal analysis with a non-doctrinal socio-legal approach. The study analyzes international and national legal frameworks, the Concluding Observations and General Recommendations of the Committee on the Elimination of Discrimination against Women (CEDAW), state reports, NGO shadow reports, materials from international organizations, and statistical data. Implementation of the CEDAW Committee's recommendations was assessed on a scale of implemented, partially implemented, or not implemented. The results illustrate that the majority of the CEDAW Committee’s recommendations in Kyrgyzstan are still unimplemented or only partially implemented. Certain legislative reforms had been made in the aftermath of 2021 but these changes have not led to systematic increases in the protection of women's rights. The investigation and prosecution of domestic violence, bride kidnapping, sexual violence, and early and forced marriages are still very weak, along with ensuring the access to the justice for women belonging to marginalized groups, such as women with disabilities, women living with HIV, women who use drugs, and lesbian, bisexual, and transgender women. The dissertation argues that the limited implementation of CEDAW recommendations is due not only to legislative gaps but also to institutional weaknesses, insufficient resources, a narrowing of civic space, and the persistence of deeply entrenched gender stereotypes reinforced by neo-traditionalist discourse. Achieving genuine equality requires comprehensive legal reform, the strengthening of institutions, the protection of civil society, and ongoing efforts to transform discriminatory social norms.