Concluding observations from the Committee on the Elimination of Discrimination against Women on the fifth periodic report of Kyrgyzstan
43. The Committee welcomes the decision of the Constitutional Chamber of the Supreme Court of 27 January 2021 to declare unconstitutional the provisions precluding persons living with HIV/AIDS from adoption, guardianship and foster parenting. However, the Committee is concerned about the criminalisation of HIV/AIDS transmission through consensual sexual relations between adults, impediments to access to healthcare, discriminatory terminology, reported isolation from children and barriers to access childcare facilities for women living with HIV/AIDS.
44. The Committee recommends that the State party:
(a) Decriminalise the transmission of HIV/AIDS (article 149 of the Criminal Code) through consensual sexual relations between adults;
(b) Ensure access to healthcare, including confidential testing, antiretroviral treatment, psychological support and the confidentiality of information regarding women’s HIV status, and impose deterrent penalties for the disclosure of such status;
(c) Eliminate repressive elements of epidemiological investigation and review the wording of HIV infection codes;
(d) Ensure that women living with HIV/AIDS are not isolated from their children based on their HIV status and have adequate access to childcare facilities free from stigmatization; and
(e) Prohibit the practice of employers requiring HIV certificates for accessing and keeping employment.
In September 2021 EWNA jointly with Women’s Network of Key Communities submitted the alternative report with particular focus on HIV criminalisation in Kyrgyzstan