Laws

KAZAKHSTAN

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Censorship, Free Speech
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gende Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Immigration
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Military
  Partners
Parenting
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Age of Consent Legislation/Cases/References
1.

National

In 2006, the age of consent for sexual activity started from 18 years of age [R1.1].

R1.1 Interpol: Sexual offences against children Spring 06
Censorship, Free Speech, Right of Assembly Legislation/Cases/References
1.

National

On 23 February 2015, the Senate was reported to have approved draft laws aimed at protecting children from information harmful to their health and development and making the dissemination of information promoting non-traditional sexual orientation to children and persons under 18 years of age unlawful [R1.1].

See also: 2. Courts & Tribunals below at [R2.4].

2.

Courts & Tribunals

On 26 May 2015, the Constitutional Court rejected a bill, (ostensibly aimed at “the protection of children from information causing damage to their health and development”), that would have banned “propaganda of homosexuality among minors” on grounds that it included vague language [R2.4].

On 28 October 2014, a court was reported to have imposed a 34 million tenge ($186,000; £115,000) fine on advertising agency Havas Worldwide Kazakhstan for a poster of revered Kazakh bard Kurmangazy locked in a passionate kiss with Alexander Pushkin, Russia's national poet. The Agency plans to appeal [R2.3].

On 17 October 2014, it was reported that a Kazakh court upheld the fine imposed on the Havas Worldwide advertising agency over a contraversial gay club poster. Company director Dariya Khamitzhanova said the company was considering a complaint to the UN Human Rights Committee [R2.2].

On 24 September 2014, a court in Almaty found advertising agency Havas Worldwide Kazakhstan guilty of advertising 'banned goods and services', imposing a $1700 fine for producing a poster for the “Studio 69” gay bar and club featuring 19th century cultural figures Kazakh composer Kurmangazy Sagyrbayuly and Russian poet Anexander Pushkin kissing [R2.1].

R1.1 TengriNews: Kazakh Senate passes anti-gay draft law
R2.4 TheDiplomat: Kazakhstan Shuts Down Gay Propaganda Law 27 MAY 14
R2.3 BBC News: Kazakhstan: Court fines agency over 'kissing poster' 28 OCT 14
R2.2 GayStarNews: Kazakhstan ad agency loses appeal over gay poster 17 OCT 14
R1.1 GayStarNews: Kazakhstan ad agency fined over gay poster 26 SEP 14
Homosexuality, Sodomy Legislation/Cases/References
1.

National

In 1998, consensual sex between same-sex couples became lawful [R1.1].

In late 1997, under the revised criminal code same-sex relations between consenting adults was no longer a criminal offence [R1.2].

Article 121 - Violent actions of sexual character

1) Homosexuality, sexual contact between women and other acts of sexual character, involving the usage of violence or a threat of using it to a suffered person (woman) or to other people or using an ineffectual condition of a suffered person (woman), is punished by depriving the liberty for the term from 3 to 5 years.

2) The same act committed:

a. by a group of people, by a group of people with entering a preliminary collusion, or by an organized group;
b. involving a threat of assassination, and also committed with an extraordinary cruelty for the suffered person (woman) or for other people;
c. which caused infecting the sufferer with sexual diseases;
d. committed repeatedly or by a person who previously has committed violent acts of sexual character (rape);
e. of a person who is wittingly juvenile,

is punished by depriving the liberty for the term from 5 to 10 years.

3) The acts stipulated by parts 1 and 2 of this article, if they:

a. caused the death of the person by imprudence;
b. caused by imprudence the infliction of a grievous healthily harm of the suffered person ( woman), infecting him (her) with AIDS and other heavy consequences;
c. committed in regard to a person who is wittingly has not reach 14 years of age,

is punished by depriving the liberty for the term from 8 to 15 years.

Article 122 - Sexual intercourse and other actions of sexual character with a person less than 16 years of age

1) Sexual contact, homosexuality, sexual contact between women and other acts of sexual character with a person who is wittingly has not reached 16 years of age, is punished by limiting the liberty for the term up to 3 years, or by arrest up to 6 months, or by depriving the liberty for the term up to 5 years.

Article 123 - Compulsion to sexual contact, homosexuality, sexual contact between women and to other acts of sexual character

1) Compulsion a person to sexual contact, homosexuality, sexual contact between woman and to other acts of sexual character involving the usage of blackmail, threat of destruction, breaking or seizure of a property or using material or other form of dependence of a victim, is punished by the fine in the volume from 200 to 500 of the monthly calculating indexes or in the volume of the salary or another income of the sentenced person for the period from 2 to 5 months, or by correctional works for the period up to 2 years, or by arrest for the term within 6 months, or by depriving the liberty for the term of up to 2 years.

Article 124 - Dissolute (licentious) actions with juveniles

Committing dissolute (licentious) acts without violence in regard to a person who is wittingly has not reached 14 years of age, is punished by limiting the liberty for the term up to 4 years or depriving the liberty for the same period of time [R1.3].

R1.1 ILGA: State-Sponsored Homophobia MAY 08
R1.2 Melbourne Star Observer: Kazakhstan Legalises Gay Sex 14 NOV 97
Capital Q: Repeal of Gay Sex Laws 05 NOV 97
R1.3 Interpol: Sexual offences against children Spring 06
Military Legislation/Cases/References
1.

National

On 14 June 2012, Defense Minister Adilbek Dzhaksybekov was reported to have declared that gay men are not welcome in the nation's military, saying that they are exempt because they have 'a disorder of sexual desire' [R1.1].

R1.1 GayStarNews: Kazakhstan says no to gay men in the military 14 JUN 12

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