The Constitutional Court of Kyrgyzstan changed its decision of June 30, 2023, which stated the right of adult citizens of the country to take a matronym instead of a patronymic. This is reported on the court’s website.
The proposal to review the decision was made by the chairman of the court, Emil Oskonbaev. In it, the court recalls that in its June decision it spoke about “the rights of persons who have experienced life tragedies and received psychological or physical trauma, or have other negative life experiences associated with the role of their father in their lives, confirmed by a judicial act, which for this reason is not accepts a male name as an element of his full name.” Moreover, such a right was supposed to be granted only upon reaching 18 years of age.
The previous decision also stated that the possibility of assigning a match may affect “an extremely special and insignificant part of the population,” however, despite this, such rules must be reflected in legislation.
In a decision dated November 9, the Constitutional Court excluded from the previous court ruling the clause that the Cabinet of Ministers was instructed to amend the legislation to ensure “the right of a capable citizen to choose between patronymic and match” from the moment of majority, that is, from 18 years of age.
In addition, a block of reasoning was excluded from the June decision, which, among other things, states that “it is impossible to exclude extraordinary cases that require a special approach and the adoption of legislative measures that are inconsistent with established social foundations, but resolve exceptional life situations, requiring legal permission.”
The Constitutional Court pointed to “an extremely negative attitude of society towards the proposed changes of a high order of social reality,” which, according to the court, “undermines the authority of the Constitutional Court and the degree of public confidence in constitutional justice.”
In September of this year, the Jogorku Kenesh (parliament) of Kyrgyzstan adopted amendments to the law allowing the Constitutional Court to overturn or review its decisions. Before this, the law did not allow this: decisions of the Constitutional Court were final and not subject to revision. This law was adopted at the request of deputy Nadira Narmatova, who stated that “we don’t need matchmaking.”
During a discussion of the draft law, Deputy Minister of Justice of Kyrgyzstan Orozbek Sydykov admitted that “to some extent” the proposed amendments are related to the decision of the Constitutional Court on the issue of matronym.