Human Rights Adjudication in Central Asia

Abstract

AbstractIn this chapter, I will explore human rights adjudication in three Central Asian countries, namely, Kyrgyzstan, Kazakhstan, and Tajikistan, in the context of external power dynamics. The chapter will show that external factors are shaping the internal political dynamics and fundamental rights adjudication in Central Asia. The cases discussed in this chapter will reveal a common trend across Central Asia involving a shift from monism toward dualism in constitutional texts and in the interpretations of Constitutional Courts (CCs) on the relationship between domestic law and international human rights law. Furthermore, the chapter will demonstrate that Central Asian CCs tend to adopt a pluralistic approach to interpreting the relationship between domestic law and laws regulating Russian-led regional organizations, such as the Eurasian Economic Union (EAEU) and Collective Security Treaty Organization (CSTO).