Home > 5.2 Content of the referendum > KYRGYZ REPUBLIC- Joint Opinion on the Draft Law "On Introduction of Amendments and Changes to the Constitution"
 
 
 
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Paragraph 100
 

Pursuant to Article 16 par 1, “special measures” (that do not constitute discrimination) will now be allowed not only to further equal opportunities, but also to “ensure the highest values of the Kyrgyz Republic” as mentioned in the amended Article 1 of the Constitution. This means that special measures could be imposed to advance these values, which include “love for the motherland”, “honor and dignity”, “state sovereignty”, “unity of the people”, but also “motherhood” and “fatherhood”. Generally, international standards do not object to the adoption of “special measures” in specific areas and under limited circumstances if they are not considered discriminatory. While the potential practical consequences of this amendment are not clear, the vague formulation of a number of the values mentioned in Article 1 of the Constitution (see pars 28-38 supra) could allow the Government to take a variety of measures, including potentially arbitrary ones, to pursue such values. It is, therefore, recommended to remove the reference to “highest values” from the amended Article 16 par 1.