Final submitted - GED - 21st September 2010

Farhana Zaveri ZAV09076869
Is bride kidnapping encouraged or suppressed by the Kyrgyz education system and
laws?
“Violence against women and girls is the most
pervasive violation of human rights in the world
today. Its forms are both subtle and blatant and its
impact on development profound. But it is so deeply
embedded in cultures around the world that it is
almost invisible. Yet this brutality is not inevitable.”
(Bunch, 1997:41)
Introduction
Benjamin and Murchison (2004) highlight that both genders are subject to gender based
violence; however, it is particularly women who are usually victims of it. Bunch (1997)
proclaims that most women usually tolerate these violent acts silently being trampolines
meeting ends of men whilst letting her dignity, right and aspirations fall to the ground. It
is only in the mid 1990s that the international bodies have considered it a human rights
concern. Despite enormous efforts since 15 long years, there is no drastic improvement in
the violence faced by women (Parkes and Chege, 2010). Bunch (1997) asserts that such
violence includes rape, murder, arbitrary imprisonment, verbal abuse, wife-battering, etc.
It also often takes the name of culture and tradition which enforce harsh practices like
honour killing, female infanticide, genital mutilation, dowry deaths, bride kidnapping,
etc. Violence in the form of bride kidnapping in Kyrgystan is the focus of this essay.
Ala Kachhu is a Kyrgyz term for bride kidnapping however, its origin is a contested
domain. (Handrahan, 2000; Kleinbach and Salimjanova, 2007). This practice involves
abducting women and compelling her to comply with the marriage regardless of whether
she knows and loves the groom. Given a low status in society Klienbach (2003) reveals
1

that usually women give into it as they fear the aftermath of shame, stigma and her
chances of future marriage prospects decrease (Klienbach, 2003). Through this essay I
will seek to explore the capability approach and analyze this practice, the laws, status of
women as well as the education system in Kyrgyzstan to understand what gives rise to
this horrifying practice and its implications. It will then be followed by further
recommendations and conclusion. My aim in this essay is to explore whether education
and the government laws are empowering women or further suppressing them? Do they
challenge the traditions of bride kidnapping? What aspects need to be influenced in the
curriculum and the laws to bring about social justice and equality among both the
genders?
Issues of social justice and equality in gender can be analyzed through varied theoretical
frameworks like Women in Development (WID) framework, Gender and Development
(GAD) approach, post-structuralism and capability approach as discussed by Unterhalter
(2005). Unterhalter (2005) asserts that the WID framework put forth in the 1970s
believes that gender parity will eventually lead to gender equality. Although this
approach helps in at least engaging women into developmental domains like schools to
which many are denied access; however, it does not guarantee their development as
increasing numbers do not promise quality and equality. This is argued by the GAD
approach initiated in 1980s that the quality of curriculum; teaching learning resources;
opportunities received by both genders, in the curriculum and by the teacher, etc are
important. It suggests that parity is not equal to equality and thus measures need to be
taken to avoid any stereotypes or biases against women (Unterhalter, 2005). Post-
structuralism put forth in 1990s argues with the GAD approach on the grounds that men
and women both have fluid identities. It is thus inappropriate to consider one gender (in
most cases, women) as victims, oppressed, etc. as these identities may shift in various
situations or overtime (Unterhalter, 2005). Social justice and equality have been pre-
dominantly discussed in the capability approach which emphasises on attaining freedoms
and valuable states of being in order to have agency, equality and justice (Unterhalter,
2005). This is one of the reasons for selecting the Capability approach for the purpose of
this essay.
2

Capability Approach
The economist, Amartya Sen pioneered the notion of capabilities, in 1980s. One can
summarize capability approach as a notion which focuses on leading a life one has reason
to value (Robeyns, 2005). Unterhalter (2009) asserts that human development is
concerned more with widening and expanding capabilities. Unterhalter (2008) posits that
in this approach people/individuals are given utmost importance and development is seen
only in relation to people.
According to Sen, capability is an ability of a person to either perform acts or attain states
of being that are valuable and seek opportunities that would lead to a desired outcome
(Walker, 2005). Robeyns (2005) terms functionings as achieved outcomes whereas, the
means to meet ends which people value are freedoms; this doesn’t imply wealth or
material benefits (Walker and Unterhalter, 2007). Robeyns (2006) argues that albeit
wealth being important it fails to always give an individual what s/he desires; rather it can
serve as a means to achieve that. This is because, Crespo (2007) highlights that having a
secure and well paid job many complained about long hours of work, gender
discrimination against other groups during selection; these lead to unfreedoms.
Robeyns (2005) aserts that Sen’s conception of capability is closely related to effective
opportunity, whereas that of Nussbaum’s to skills and personality types of humans.
Nussbaum has developed a huge set of 10 capabilities that includes life, health, feelings,
honour, reasoning, etc. This list is amendable as Walker and Unerhalter (2007) reveal that
social meanings of well-being need to be considered dynamic because they change as we
change within various social relationships in the society. This reveals that well-beings are
ever-changing. However, Sen does not put forward any such defined capabilities
(Robeyns, 2005).
Robeyns (2005) proclaims that if everyone was identical, there would be just one
measure to indicate valuable states of being of humans, but since each one is different
and unique they all require different sets of capabilities to achieve the well-being
4

valuable to them. Therefore Deneulin and McGregor (2009) pronounce that a
predetermined list of capabilities may not be suitable for everyone.
Deneulin and McGregor (2009) posit that in order to realize capabilities people need to
decide and reason how they would like their development as people aren't passive agents
in their welfare. However, without decision making it may be difficult to experience
development. Therefore they need to be empowered so that they are better placed to spell
out their priorities and attain the best means to meet them (Deneulin and McGregor,
2009).
Robeyns (2005) maintains is that in real life the choices that an individual makes are
many a time forced or influenced by external pressures. Therefore, it can be limited but
not necessarily negative. Despite this, how much and to what extent will a person be able
to access his/her capabilities given the negative outcomes and/or hindrances they might
need to face? Unterhalter (2008) believes that the capability approach encourages an
individual to be active and reflective which lead to valued outcomes. However,
hindrances to achieve those capabilities are considered a major concern as it includes
undesirable states of being like exploitation, exclusion, etc. that lead to unfreedoms. Sen
argues that severe injustice requires effective assessment to enable a more just world
(Unterhalter, 2008). Robeyns (2005) maintains that the capability approach is unable to
interpret inequality, poverty, etc. as a whole because it isn’t a theory, in fact it imparts
means and structure so these happenings can be conceptualized and assessed.
In sum, if we look at the capability approach, Robeyns (2005) postulates that despite its
strong emphasis on human development, it is very individualistic, which distances itself
from the society and does not show much interest in groups and social structures. Sen and
Dreze argue in Dreze (2002) that even though this approach emphasizes on the well-
being by focussing on the agency of a person, it particularly involves social structures
that enable one to expand agency. This they maintain can either be to meet some ends or
can even be means to attain further freedom. Thus, people and their opportunities seem
dependent on relations with institutions and other people, they are not isolated.
5

In a practical world the capability approach proposes a concept akin to an ideal world. It
suggests justice and equality at all times for everyone. However, in most countries of the
world discrimination is persistent on many grounds, one of the most widespread being
gender. Given this condition it might get very difficult for individuals to realize
capabilities at all times and in all situations. However, it cannot be completely
disregarded as it allows individuals to set high goals to strive to achieve valued states of
beings rather than accepting the redundant states of being and complying with the
conventional notions influenced by external forces like traditions, cultures, etc, For
instance bride abduction in Kyrgyzstan. The next section throws light on the Kyrgyz
republic and this dominant practice.
A Glimpse into Kyrgyzstan
Kyrgyzstan – a country of the former Soviet Union has the population of approximately
5,431,747 as per the July 2009 estimates (www.indexmundi.com). Joldoshalieva and
Shamatov (2007) highlight that after decolonization of the Soviet Union, Kyrgyztan
suffered from political, economic and social instability. People began migrating in search
of jobs; the government failed to adequately meet the needs of the populace and many
vulnerable men got attracted to professions like trafficking, prostitution, etc. in search of
better prospects (Joldoshalieva and Shamatov, 2007). They further reveal that girls and
boys alike fear future due to the unstable job opportunities. Kyrgyzstan - a majority
Muslim populace follows certain traditional practices one of the most dominant being -
bride kidnapping (O’Brien, 2004).
Bride Kidnapping
Handrahan (2000) reveals that it is certainly very difficult to trace many traditions and
bride kidnapping is one of them. Even today Werner (2009) proclaims, 70 years after the
Soviet rule abolished bride kidnapping to emancipate the status of women, it is
widespread in Kyrgyzstan and involves violence against women. Kleinbach and
6

Salimjanova (2007) argue that it rarely took place before the 1920’s prior to the Soviet
rule as they claim non – consensual bride kidnapping not to be a Kyrgyz tradition. There
is neither any information documented on this practice, nor do most ethnic Kyrgyz
consider it as their age-old tradition. However, the authors argue that unpublished
research carried out by Toigonbai Bakirov in Jalalabat reveals that among 61 adults
(median age 55) 40% believe non-consensual bride abduction to be a Kyrgyz tradition.
Conversely, they reveal that around 25-30heads of university ethnology and history
departments, museum directors and librarians interviewed, and the past documents
studied, conveyed that it was never a widespread tradition in Kyrgyzstan. Evidence from
the 1908 pre-Soviet law, reveal that if practiced, austere punitive measures were taken for
those practicing it. Clauses 71
, 122
, 133
, 154
, 165
and 176
are examples of the same
(Kleinbach and Salimjanova, 2007). The front line newspaper (2004) reported that this
practice was prevalent in private and was never spoken about or took place in public.
Thus, women’s status in the private domain continued to be inferior (Thi Minh – Phong,
2008). Robeyns (2005) highlights that this low status affects women’s functionings
through personal conversion factors as women might experience disempowerment when
they look at themselves in comparison with men in the male-dominated society.
In the 20th
century there was a sudden transition; which Kleinbach and Salimjanova
(2007) proclaim led non-consensual bride kidnapping to rise significantly, thus many
people began considering this as their own tradition and approved by the law. However,
Kleinbach and Salimjanova (2007) claim that the populace is ignorant about the laws,
1
Decree – Clause 7: October 5, 1908. We, the under signed honorary people of 11 districts have made the
following decree (as enactment for leaders of Prjeval’sk (now Karakol, Issyk-Kul oblast’) session
according to tsar’s law and Muslim Sharia) .
2
The person who abducts a married woman must bring her back and pay 60 head of cattle.
3
For kidnapping a girl who is promised in a marriage—100 head of cattle and 100 rubles (in money);
plaintiff can demand it from the father of kidnapped girl or from abductor . . ..
4
If a daughter of an honorable man is kidnapped, and the girl is not promised in marriage, 40 head of cattle
and 1 camel
5
If a daughter of middle class man is kidnapped and the girl is not promised in marriage—20 head of cattle
and 1 camel.
6
If a daughter of a Kyrgyz from the lower social strata and not promised in marriage—15 head of cattle
(Kleinbach and Salimjanova, 2007).
7

conventions and Shari’a (Muslim Law) which condemns such acts of violence.
O Brien (2004) postulates thatʼ around 50% marriages take place through abduction
whereas, Kleinbach (2003) argues that around every one out of five marriages is done
through kidnapping however, there is no accurate statistical data on this. These marriages
Kleinbach (2003) posits take place sometimes with the consent of women while
approximately two thirds do not. The groom’s family plan these abductions and his
friends help him with abducting the bride; they usually prefer keeping the bride overnight
with the women of the groom's family or raped so that she gets stigmatized as impure.
Besides, the groom's family persuades the bride to comply with the abduction by telling
her their own stories and compelling her to wear the head scarf which symbolizes her
consent of the marriage (Klienbach, 2003). Several women in Kyrgyzstan possess the
intrinsic functionings of compromise as they are unable to envisage something beyond or
different, i.e. denying and going back. This is especially dominant among the older
women who believe that once abducted a woman needs to accept her fate.
In addition to force, Werner (2009) maintains that the bride is even compelled to write a
letter to her family giving her consent and stating that she is happy with the abduction.
Thus Werner (2009) believes that this act not only symbolizes male domination but even
women themselves play a vital role in sustaining such forms of violence. Sen believes
that the outcome of two individuals who have received the same opportunity cannot be
compared; i.e. abduction may not result into equally valuable states of being as the
capability of the bride may differ from that of those women narrating their experiences
(Unterhalter, 2008). Thus, the bride may not consider abduction valuable, while a
groom’s female relative might perceive it otherwise. Even Robeyns (2005) maintains that
each one may value diverse aspects depending on what state is desirable for them as
Unterhalter and Brighouse (2007) posit that each one has different needs. Thus, if males
prefer kidnapping their wife as an appropriate manner in which to get married, women
may consider it otherwise and it may not lead to functioning.
Kleinbach (2003) claims that often the bride's family is also party to this abduction which
8

is another strong determinant for the bride to comply with the wedding. Handrahan
(2000) maintains that this simply meant that a girl would either be forced or cheated or
lied. This restricts her freedom and well-being. In order to meet the end of marriage the
girl may not always undergo a fulfilling process (means) if she doesn’t know the boy or
dislikes him. Therefore, regardless of whether the end i.e. post-marriage life will be
desirable or not; the process that she undergoes during abduction is not desirable. As
Robeyns (2005) highlights that in order to achieve freedoms only the ends always do not
have innate importance; even the means often enable valuable states of being that lead to
desirable ends.
Werner, (2009) posits that such traditional practices perpetuate men to exploit female
sexuality and mobility. If the woman refuses to accept her fate, she is considered to bring
dishonour to her family and she is thus compelled by her parents to comply as they fear
the loss of dignity that the society will bring through gossips. This is because a girl is
considered to be used (loss of virginity) when she is abducted regardless of whether she
actually has. Therefore Werner (2009) maintains that virginity is of profound salience in
such cultures where the reputation of the family/society shifts irrevocably and the girl is
questioned and conspired about. These external forces obstruct a woman’s functionings
(Robeyns, 2005).
Many people consider abduction as immoral; however, the same people even believe that
once abducted a girl should comply with the marriage (Werner, 2009). This contradiction
Werner (2009) believes is a reaction to the shame that it would bring. One the other hand,
Handrahan (2000) reveals that there are a few marriages among the educated and broad
minded citizens particularly from the city of Bishek which take place with the consent of
women and both genders receive equal status. Albeit these marriages are consensual,
kidnapping still takes place, but it is planned. However, it is akin to a normal marriage
wherein a man asks for a woman from her father.
Handrahan (2000) points out that one of the main reasons is the influence of ancient
cultures and traditions which proposed Muslim men being superior to women. Werner
9

(2009) puts forth that these values that dictate gender relations and patriarchal power
symbolized through the authority of men is reasserted. However, Werner (2009)
maintains that Islamic values in no way encouraged or complemented bride kidnapping.
Furthermore even the Kyrgyz populace considers it a culture based violence, not a
religious custom.
Kleinbach and Salimjanova (2007) highlight that in the pre soviet era marriages were
arranged usually by the parents, particularly the father. These were either consensual or
non-consensual. Besides, there were sororate (man marrying his deceased wife’s sister)
and levirate (woman marrying her deceased husband’s brother) ways too. Also, men and
women in love married through consensual bride kidnapping. This was usually done
when they wanted to refrain getting married to someone their parents chose. Moreover, it
also took place to avoid a lavish, costly and ceremonial wedding. This is considered to be
approved by the Islamic law; conversely, non-censual abduction is not permitted.
However, Kleinbach (2003) postulates that this usually occurred when men feared - the
disapproval of the girl's parents or the girl; that the girl might marry another man; and
their inability to pay the bride price.
Handrahan (2000) asserts that bride abduction impedes the social progress, good quality
of life, as well as freedom of all Kyrgyz citizens. The whole cultural environment gets
affected if 50% population thrives without dignity and is prevented from the freedom of
making fundamental decisions of their life. Walker (2005) and Robeyns (2005) consider
welfare, development and good quality of life the main propositions of capability
approach that are not merely what one possesses rather what one can effectively attain
and do. This freedom is not achieved by those women and thus Robeyns (2005) explains
that by diminishing the hindrances which obstruct freedom the women will be able to
realize their capabilities. Thus, it can be learnt that capability and freedom are indivisible.
According to Human Rights Watch, the police are quite slow in taking action as they
claim that often the girls submit and thus all the effort goes in vain. The number of
abductions have nearly doubled between 2002-2005. The government itself
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acknowledges that although it raises concerns on paper; however it has been unsuccessful
in putting it into practice as it refrains from delving into the so-called petty issues of
domestic violence (Human Rights Watch).
Morrow highlights that the Kyrgyz Government put into place the legislation which
particularly addresses punitive actions against domestic violence, as well as the March
2003 law “Social and Legal Protection against Violence in the Family.” This according to
Human Rights Watch, was a big leap taken by the government. However Morrow reveals
that when the government reviewed the implementation and effect of this law in 2008 it
was evident that it was not completely successful in eradicating it. One of the major
reasons for this inadequacy is the government’s complacency in prioritizing it as well as
the lack of funds and resources which lead to its poor implementation (Human Rights
Watch).
Kleinbach and Salimjanova (2007) proclaim that this form of domestic violence has been
condemned by the Shari’a law (Muslim Law), the Kyrgyz criminal law also prohibits this
acts as stated in article 1557
of the Criminal code, Furthermore, the standards set by the
Universal Declaration of human rights (1948) in its article 168
and article 169
of
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) (1981) emphasize on the having the consent of both spouses. Kyrgystan has
ratified both these conventions but has not taken much action. More so, Handrahan
7
‘Forcing a woman to marry or to continue a marriage or kidnapping her in order to marry without her
consent, also standing in the way of marriage (impediment) is subject to punishment as a fine in the amount
of 100 to 200 minimal wages per month or to imprisonment up to five years’ (Kleinbach and Salimjanova,
2007).
8
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right
to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its
dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses
(www.un.org/).
9
Equality in Marriage and in Family Law (322)1. States Parties shall take all appropriate measures to
eliminate discrimination against women in all matters relating to marriage and family relations and in
particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution (www.hrcr.org/)
11

(2000) brings to light that women's equal rights can and does not come into being if bride
abduction is not only permissible but also sanctified as per local Aksakal courts that
comprise of elders and Kyrgyzstan's President, with their full knowledge and consent.
However, international and local bodies have contested on this issue stating that these
manifestations are a sheer violation of human rights (Werner, 2009).
A number of western scholars, international and local government bodies, strived to bring
about a halt to this practice (Werner, 2009). Initiatives like – a twenty minute short film
which was later re-visited to a longer version was produced and broadcasted in the US
Frontline, in March 2004. Besides, the international and local bodies persuaded the
government to take some stringent steps (Werner, 2009).
In addition to the above, Werner (2009) maintains that Human Rights Watch (2006)
published a report on bride kidnapping and domestic violence in Kyrgyzstan,
recommending the government to enforce the existing laws which restrict bride
kidnapping; formulate statistical data; devise campaigns to create awareness; offer
support to the victims and adequately train law officers. A bride kidnapping fact sheet
outlining the issue of gender equality in Kyrgyzstan was introduced to the Kyrgyz
government by the United Nations Populations Fund (UNFPA) (2007). In response to the
multiple initiatives the government acknowledged the problem and confirmed a public
hearing on this issue in April, 2007 which was organized by the Human Rights
Commission of the Kyrgyz government (Werner, 2009).
Status of Women
During the Soviet Union, social cultural and traditional practices like veiling, bride
kidnapping, etc. were abolished and education was nearly universal with gender disparity
almost absent (Thi Minh – Phong, 2008). With its collapse there was a transition in
gender identities with various influences from the traditional Kyrgyz, Muslim world,
Russia and recently the Western world, which has led to multiple interpretations of
12

masculine and feminine representations. These have varying levels of impact on the
household, community and society at large (Thi Minh – Phong, 2008).
Men in Kyrgyzstan upheld positions of authority and the gender gap became wide and
deteriorating for women to apply agency and power to regulate their lives (Thi Minh –
Phong, 2008). Autonomy and agency are significant aspects and Walker (2005) believes
that these permit individuals to seek equal access to resources and opportunities. Walker
and Unterhalter (2007) add that lack of agency results into deprivation. Due to the
widening gender gap, Fanon (2000) highlights that women fall prey to psychological and
economic risks. Fanon (2000) reveals that this is evident from the fact that in around
1995 83% women were reported to be employed and statistics now reveal that most
women are unemployed. O’Brien (2004) postulates that the society condemns women to
realize and attain the capability of empowerment and justice which most women value.
O’Brien (2004) thus questions this law, as it fails to protect the civil rights of women.
Handrahan (2000) brings to light that if women do not feel not dignified and worth they
would fail to teach and encourage concepts like freedom, values, dignity, etc. among the
next generations. They would neither be able to promote equal as well as progressive
partnerships between men and women for essential and authentic democratic
development. Besides, women are even unable to contribute to the society at large with
these restrictions of leading life without bare minimum human rights and essential
freedoms (Handrahan, 2000).
Messerlia, Abdykaparov and Taylor (2006) highlight that women are now actively
engaging in matters concerning them so that they are able to improve the quality of life of
their family. Kyrgyz women are pressurized to adapt with the new identities put forth by
the socio-economic climate. Some serve in government offices and in rural areas they are
engaged in agriculture. International NGOs have worked towards improving the lives of
these women through various initiatives like tourism, credit agency and traditional carpet
production, etc. which have been quiet successful. In this transition phase, women have
seized leadership roles and economic opportunities very rapidly. Robeyns (2005) asserts
13

that this transition of subordination and suppression to leadership positions is considered
to be a social conversion factor which led to a sense of empowerment that resulted into
functionings. Unterhalter and Brighouse (2007) believe that women who value these roles
and are able to turn such resources and opportunities into functionings can attain equality.
However this transition is quiet slow as the opportunities of business for women seem
critical due to the household pressures and requirement of skills and competencies which
are absent due to low levels of vocational and educational training.
In addition to the steps taken by the government, NGOs and international bodies and
conventions, another influential source is education; that can either lead to enhanced or
deprived states of being. The next section throws light on education in Kyrgyzstan.
Education
Messerlia et al (2006) uphold that education is a weapon to attain well-being as it is
considered one of the basic capabilities which influences the development of various
other capabilities. However, the proclaim that girls are usually denied access to it due to
the pre-set beliefs and notions that a girl is suppose to prove being a good mother, wife
and homemaker. On the other hand Messerlia et al (2006) even claim that around 90%
population is literate; i.e. those who have passed grade ninth; however many girls seem to
discontinue higher education as there is a fear of bride kidnapping and pregnancy
prevalent across the country. Magno and Silova (2008) conversely point out that
Kyrgyzstan spends less on education therefore have lower levels of educated populace.
This increases the burden of families to educate their offspring; which in turn gives rise
to gender inequities as males are chosen over females. Therefore, disadvantaged groups
like those of women usually accept many unacceptable states of being. Walker and
Unterhalter (2007) posit that education tends to widen human freedoms, conversely
uneducated masses usually become victims of harmful human development and
unfredoms. It is surprising to learn that Magno and Silova (2008) even reveal that more
girls than boys pursue higher education in Kyrgyzstan. However, Joldoshalieva and
Shamatov (2007) put forth that the gender-bias in Kyrgyzstan influenced most girls to
14

aspire for helping vocations whereas most boys aspired to take up technical fields. This
could be one of the reasons why females represent a very small number in politics and
have low levels of agency compared to men despite their education levels. Even, Crew
(2006) reveals that Kyrgyzstan still strives to achieve gender equality in primary
education. Walker and Unterhalter (2007) postulate that capability approach considers
education to enable transformation and empowerment; however, this aspect is barely
present in female education.
Without education and agency bride abduction and domestic violence continue to
constitute as illegal practices; and many girls face this form of violence which is not only
immoral but also threatens their physical, psychological and emotional stability (Human
Rights Watch). Women are brutally whipped; often by multiple objects which lead either
to casualties, permanent or long term injuries or even death. Some even commit suicide
(Human Rights Watch). The constitution of Kyrgyzstan in its Article 15 clauses – two10
three11
, four12
and five13
emphasize on equality regardless of any sex, caste, creed, etc.
and stress on the importance of securing and allowing every individual his/her human
rights and freedoms. It further adds that all norms, customs and traditions must be
violated if they hinder human rights and freedoms (www.parliament.go.th/). Alkire and
Deneulin (2009) posit that these ideas complement with the notion of the capability
approach which emphasizes on equality and justice and maintains that all humans should
have equal rights and freedoms. However, in reality all these articles are only confined to
the paper.
10
Clause 2. The basic human rights and freedoms shall belong to every person from birth. They shall be
recognized as absolute, inalienable and protected by law and the courts from infringement by any other
person.
11
Clause 3. All persons in the Kyrghyz Republic are equal before law and the court. No person shall be
subject to any kind of discrimination, violation of his rights and freedoms on the ground of ethnic origin,
sex, race, nationality, language, religion, political and religious convictions, as well as under other
conditions and circumstances of private or social nature.
12
Clause 4. Human rights and freedoms are valid in the Kyrghyz Republic. Such rights shall determine the
meaning, content and application of the laws, shall be respected by legislative and executive branches and
local self-government, and shall be guaranteed by the judicial system.
13
Clause 5. In the Kyrghyz Republic, the State shall encourage folk customs and traditions which do not
contravene the Constitution and human rights and freedoms (www.parliament.go.th/).
15

Messerlia et al (2006) highlight that especially in the rural areas education is not
considered relevant for women, and even the education system is not flexible in changing
those patterns and thoughts. This factor is outlined by Crespo (2007) as significant in
capability approach and education as it entails an individual to examine the ways through
which the content is transmitted. However, Messerlia, et al (2006) assert that education
for rural Kyrgyz women is vital if they are encouraged and/or aspire to be agents in
bringing about development and social change. Effective education if imparted to
women, they can stand up for their rights; develop further chances for employment; build
social dialogue, etc. The authors claim that although women have shown more
commitment, engagement and interest compared to men in many areas of farming, but
still skills like tractor driving, agriculture education, etc. are preferred to be imparted to
males due to the traditional and cultural stereotypes.
Messerlia, et al (2006) proclaim that prior to independence schools had adequate teaching
– learning resources; however, now the scenario is otherwise. Therefore, teachers use
those aids that are either offered by donor agencies or those used during the soviet era.
Thus Walker and Unterhalter (2007) believe that emphasis should be laid on inputs such
as resources, teachers, etc. which enable shaping opportunities that result into desired
outcomes.
Unterhalter (2009) argues that certain aspects of education even disable capabilities to
enhance with productivity. These tensions include effective management, catering to the
needs of every child, etc. Unfortunately human capability does not address these issues in
greater detail; however, it stresses on the importance of gaining education as a means of
living fruitfully.
Messerlia et al (2006) posit that the nature of the curriculum imparted to women can be
contested. On one hand it can be said to narrow their roles and responsibilities, thereby
giving them access to secondary jobs; whereas on the other hand it can also be perceived
as an avenue to learn new skills that would help build new economic opportunities. It is
therefore important to revisit the detrimental aspects that hinder women’s empowerment.
16

Walker, (2005) highlights that autonomy and agency in education enables empowerment,
which leads to thoughtful decision making.
Unterhalter (2009) puts forth that Sen highlights three ways that reveal how education
results into widening capabilities. These can be considered whilst reviewing and/or
devising the curriculum.
Instrumental social role: does it promote debates and dialogues in the political and
social arena so that women feel empowered to pronounce their opinions, needs and ideas?
Instrumental process role: does it empower an individual to partake in decision making
at different levels?
Empowering and distributive role: does it emphasize on imparting assistance and aid to
marginalized and disadvantaged so that they can make political alliances in order to
access power?
A thorough review of these aspects and those which enable freedoms through education
is considered by Unterhalter (2009) to diminish inequality and encourage a more just
society.
Recommendations and Conclusion
Parkes and Chege (2010) assert that power, participation as well as partnership are some
of the ways which can serve to bring gender violence to a halt in the future. It is essential
to respond to the wider structures of inequality and power and understand their changing
structures as well as how to exercise power to strengthen gender inequality. They also
point out that equal and assertive participation of girls in various spheres will enable them
to stand as equal with men. Also partnerships with social groups like school and family,
etc. will enable a climate of justice and equality that will lead to the eradication of
violence.
17

It is important to note that just by focusing on women and increasing opportunities for
them will not serve as a silver bullet solution; in fact they might experience more
resistance. It rather needs to be coupled with catering to both genders in a manner that
along with women empowerment, even males perceive women as equal to them. This
will enable women to be at par with men and attain well-being in both public and private
spheres.
Terzi (2007) maintains that a correlation exists between the well-being of an individual
and education. Bunch (1997) suggests that women empowerment can begin with
educating girls so that they are equipped to pursue capabilities; self-esteem; confidence
and girls’ presence in the classroom will also demonstrate a culture of gender equality to
the future generations.
It would be noteworthy to learn if education in Kyrgyzstan imparts women
empowerment. If at all it encourages it, to what extent has it been implemented? Does the
education system lead to functionings for an individual or does it entail gender bias?
Does it challenge the stereotypical norms of the society? What steps does the government
take in order to impart good quality and free or low cost education to both genders?
The capability approach seems to influence the documents of various institutions and the
UN; however, Handrahan (2000) espouses the view that just with the ratification of
multiple treaties, acts and exercising laws a gender just society cannot be achieved as its
implementation is often ignored. There barely seems a just society. The tension lies in
diminishing injustice by outlining initiatives and international policies which enable and
sustain effective measures that help promote education, equality and justice for all
(Unterhalter, 2008).
18

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22

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