International Law and International Human Rights Instruments
Place in the legal order
Kyrgyzstan is party to major human rights treaties, including the ICCPR, CESCR, CAT, CRC and CEDAW. Generally recognised principles and norms of international law and treaties are part of the legal system. Treaties must be performed in good faith. Domestic courts should interpret and apply law consistently with binding obligations, while a treaty that conflicts with the Constitution cannot simply override it.
Human rights method
- Identify the right and the specific treaty provision.
- Ask whether the interference has a legal basis and a legitimate aim.
- Apply necessity and proportionality.
- Check procedural guarantees, not only the substantive result.
Worked example
A criminal trial is repeatedly delayed for years without a justified reason. The defendant invokes the right to a fair hearing within a reasonable time. The court should examine the length of proceedings, complexity, the defendant's conduct and the authorities' conduct. Systemic delay can violate fair-trial guarantees even if the final verdict is correct.
Traps
Not every treaty provision is directly applicable in the same way. UN treaty-body views are authoritative but not identical to domestic judgments. Domestic remedies generally must be exhausted before international complaints. Do not confuse political recommendations with binding law.