Constitutional guarantees in Central Asian countries: main civil rights and freedoms de jure and their de facto status.

This article conducts a comparative analysis of the fundamental rights and freedoms defined in the constitutions of Central Asian countries (Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan) and assesses the state of these guarantees in practice in light of reports from international human rights organizations. The research is based on two main sources: the report "Freedom in the World 2025" published by Freedom House and the "Human Rights Reports 2024" by Amnesty International. Although rights are usually defined broadly in constitutions, under authoritarian regimes, these rights are de facto limited. In this context, it is essential to strengthen an independent judiciary, the rule of law, and democratic institutions to enhance the effectiveness of constitutional guarantees. The study highlights the structural contradiction between norms and practices. Using methods of comparative constitutional analysis and qualitative content analysis, the article systematically examines constitutional guarantees and their implementation in Central Asian countries. The constitutional frameworks of Central Asian countries are analyzed comparatively in terms of fundamental rights and freedoms, including reports and findings from international organizations. While there are many studies dedicated to constitutional rights and freedoms in Central Asia, comparative studies systematically examining the difference between constitutionally recognized rights (de jure) and their practical implementation (de facto) are quite limited. This article fills that gap and analyzes the provisions on fundamental rights in the constitutions of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan compared to the empirical data of international human rights organizations. Thus, the research reveals not only the normative provisions but also the actual ineffectiveness of these provisions, as well as how they become non-functional in the context of authoritarian regimes. Ensuring the rule of law, protecting freedom of speech, and strengthening an independent judiciary should be primary priorities for the constitutional order in these countries to become truly operational not only in written texts but also in social life.

Authors

Publication Details

Journal
Право и политика
Published
2025-04-01
DOI
https://doi.org/10.7256/2454-0706.2025.4.74045
Citations
1
Primary Topic
Judicial and Constitutional Studies
Type
article
Field-Weighted Citation Impact
15.98
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article

Constitutional guarantees in Central Asian countries: main civil rights and freedoms de jure and their de facto status.

Murat Yarar
1 citations
Право и политика
Judicial and Constitutional Studies
15.98
article

Constitutional guarantees in Central Asian countries: main civil rights and freedoms de jure and their de facto status.

Murat Yarar
article en
1 citations

Abstract

This article conducts a comparative analysis of the fundamental rights and freedoms defined in the constitutions of Central Asian countries (Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan, and Turkmenistan) and assesses the state of these guarantees in practice in light of reports from international human rights organizations. The research is based on two main sources: the report "Freedom in the World 2025" published by Freedom House and the "Human Rights Reports 2024" by Amnesty International. Although rights are usually defined broadly in constitutions, under authoritarian regimes, these rights are de facto limited. In this context, it is essential to strengthen an independent judiciary, the rule of law, and democratic institutions to enhance the effectiveness of constitutional guarantees. The study highlights the structural contradiction between norms and practices. Using methods of comparative constitutional analysis and qualitative content analysis, the article systematically examines constitutional guarantees and their implementation in Central Asian countries. The constitutional frameworks of Central Asian countries are analyzed comparatively in terms of fundamental rights and freedoms, including reports and findings from international organizations. While there are many studies dedicated to constitutional rights and freedoms in Central Asia, comparative studies systematically examining the difference between constitutionally recognized rights (de jure) and their practical implementation (de facto) are quite limited. This article fills that gap and analyzes the provisions on fundamental rights in the constitutions of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan compared to the empirical data of international human rights organizations. Thus, the research reveals not only the normative provisions but also the actual ineffectiveness of these provisions, as well as how they become non-functional in the context of authoritarian regimes. Ensuring the rule of law, protecting freedom of speech, and strengthening an independent judiciary should be primary priorities for the constitutional order in these countries to become truly operational not only in written texts but also in social life.

Право и политика(4)
Openalex Percentile: Top 3%
Judicial and Constitutional Studies
15.98
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