Home > 5.3 Validity of the question > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
Download file    
 
 
Paragraph 80
 

It is worth noting that pursuant to Article 20 par 2 of the Constitution, human rights may be limited “for the purpose of protecting national security, public order, health and moral of the population as well as rights and freedoms of other persons”. First, it is worth highlighting that the wording of the provisions that concern permissible limitations to the enjoyment of fundamental freedoms in the ICCPR vary slightly for the rights to freedom of movement, freedom of religion or belief, freedom of expression, and freedoms of peaceful assembly and of association, while some rights are non-derogable under any circumstances. It is thus recommended to reflect these differences by introducing parallel language in the Constitution, as appropriate. Further, the Draft Amendments add that “[s]uch limitations can be also introduced in view of specific modalities of military or other civil services”. It is not clear however whether judges are considered part of the “civil service” within the meaning of Article 20 par 2 of the Constitution.