The Constitutional Court of Kyrgyzstan reviewed its decision on the matronymic. The court’s website reports.
The decision notes that the reason for reconsideration of this case was the recommendation of the Chairman of the Constitutional Court of the Kyrgyz Republic, Emil Oskonbaev.
The Constitutional Court recalled that, according to the decision of June 30, 2023, the possibility of assigning a matronymic was assumed only in extraordinary cases that require a special approach and the adoption of legislative measures that are not consistent with established social patterns, but resolve exceptional life situations that require legal permission.
«These are the rights of people who experienced life tragedies and received psychological or physical trauma or had other negative life experiences associated with the role of their father in their lives, confirmed by a judicial act. If for this reason a person does not accept a male name as an element of his or her full name, such a right was supposed to be granted only upon reaching full legal capacity, that is, 18 years old,» the court decision says.
However, this position of the court caused a wide public outcry due to the perception by the prevailing part of the population of the institute of matronymic as a whole as a negative phenomenon that encroaches on the moral principles, values and traditions of the Kyrgyzstanis.
Constitutional Court
«The development of the situation after the adoption of this decision indicates an extremely negative attitude of society towards the proposed changes of a high order of social reality and goes against public foundations, which undermines the authority of the Constitutional Court of the Kyrgyz Republic and the degree of public confidence in constitutional justice,» the decision notes.
The Constitutional Court decided to reconsider its position and abolished the clause that gave Kyrgyzstanis the right to choose between matronymic and patronymic.
On June 30, the panel of the Constitutional Court made a decision on the petition of lawyers Elvira Tilek kyzy and Ainura Osmonalieva, representing the interests of Altyn Kapalova. The decision states that upon reaching the age of majority, a citizen who, for one reason or another, including life tragedies, does not accept a male name as an element of his or her full name, should have the right to choose between a patronymic and a matronymic.
The head of the State Committee for National Security, Kamchybek Tashiev, spoke out against the institute of matronymic in Kyrgyzstan and demanded from the Constitutional Court of the Kyrgyz Republic cancel its decision. The spokesperson for the Constitutional Court, Zhyldyz Zhoroeva, reminded Kamchybek Tashiev that the acts of the Constitutional Court of the Kyrgyz Republic are final and cannot be appealed.
Later, the Parliament received amendments to the Law on the Constitutional Court proposed by President Sadyr Japarov. The deputies adopted them unanimously.
