On April 15, 2024, Kazakhstan’s President Kassym-Jomart Tokayev signed into law legislation to increase protections of women and children from domestic violence. The law amends major pieces of Kazakh legislation such as the Criminal Code, Family Code, Law on the Health System, and others. (Law of the Republic of Kazakhstan No. 72-VIII of Apr. 15, 2024, on Amendments to Kazakhstani Legislation Concerning Women’s Rights and Safety of Children (in Russian).)
Background
Domestic violence is a serious problem in Kazakhstan. According to a 2018 UN report, survey data “indicates that 17 percent of ever-partnered women aged 18-75 reported having experienced physical or sexual violence, or both, by an intimate partner in their lifetime.” Some sources estimate about 400 women die from domestic violence every year. The problem may have been exacerbated when battery and minor physical harm were decriminalized in Kazakhstan in 2017, moving cases of domestic abuse from felonies into the category of civil offenses punishable by a fine or a warning. (Law of the Republic of Kazakhstan No. 84-VI of July 3, 2017 on Amendments to Legislation Concerning Improvements of the Law Enforcement System, art. 1(9)(4).)
Public attention to the problem and support of new legislation intensified in recent months during a high-profile trial of Kazakhstan’s former economy minister, Kuandyk Bishimbayev, who was charged with the murder of his wife in November 2023. The trial raised awareness of the widespread presence of domestic abuse in Kazakhstan. Bishimbayev was found guilty and sentenced to 24 years in prison on May 13, 2024.
Provisions of the New Law
Under the new law, all acts of violence against women and children now count as crimes, and the previously decriminalized penalties for battery and minor physical harm have again been placed in the Criminal Code. Harsher penalties may be imposed on repeated offenders and in cases of aggravating circumstances. Police are now obligated to collect evidence in cases of alleged domestic abuse, and must investigate all cases of domestic violence, including those heard from television or social media. There will no longer be the option of seeking reconciliation between parties as a way of resolving cases of repeated bodily harm. The law also places an emphasis on protecting minors, mandating life imprisonment for murder or rape of minors, and criminalizing sexualized harassment or touching persons under 16. The law establishes administrative responsibility for bullying and cyberbullying of minors and imposes tougher penalties for the kidnapping of minors. Educational institutions are required to report any illegal acts committed by or against minors to the police. The government will be required to collaborate with a contact center that is dedicated to the protection of women and children’s rights, and there will be family support centers established to provide support to domestic violence victims.
Commentary on the Legislation
President Tokayev issued a statement describing the amendments as the outcome of a consultation process with various government agencies, commissions, and rights groups. A government spokesman noted the law is part of a presidential initiative to combat five major social ills in Kazakhstan, which are “drug addiction, gambling addiction, violence and bullying in any form, vandalism and wasteful spending.” Members of the legislature also responded to the new law, saying that the next step is to change public attitudes on the issue and create an atmosphere of intolerance to violence. The United Nations Resident Coordinator to the country, Michaela Friberg-Storey, also applauded the law, saying that its passage shows Kazakhstan considers abusive behavior unacceptable, and noting it promotes gender equality and provides survivors of domestic violence access to justice and support.
While support for the law is widespread, some have said that there is more that can be done, such as making domestic violence a stand-alone offense in the Criminal Code.
In order to extend the fight against abuse of women to workplaces, the Ministry of Internal Affairs reported that the government is planning to introduce legislation that would impose punishment for sexualized harassment at work.
Prepared by Esther Markov, Law Library intern, under the supervision of Peter Roudik, Assistant Law Librarian for Legal Research
Law Library of Congress, July 23, 2024
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