카심-조마르트 토카예프 대통령이 여성인권과 아동의 안전을 보장하는 법률 (가정폭력특별법)과 행정법 개정안에 15일 서명했다.
이 법은 여성과 아동의 보호를 강화한다. 카자흐스탄 상원은 2월 21일 카자흐스탄 하원에 의해 승인된 후 4월 11일 법안을 통과했다. 이 법은 독립국가 연합 지역에서 여성과 아동의 보호를 위한 새로운 조치를 도입한 최초의 법이 되었다.
이 법은 카심-조마르트 토카예프 대통령의 지시에 따라 아동권리위원회, 의회, 여러 정부 기관과의 협력을 통해 개발되었다. 이 법은 카자흐스탄 전역의 가정과 아이들의 안전을 높이기 위해 만들어졌다. 특히 취약한 상황에 있는 사람들을 지원하고 폭력 사례를 막기 위해 강력한 인프라를 개발하는 데 초점을 맞추고 있다.
여성과 아동에 대한 모든 폭력 행위에 대한 책임을 강화하고, 가정을 보호하며, 어린이의 안전을 높이기 위한 규정이 도입되었다. 구체적으로, 경미한 건강상 손상이나 폭력 행위가 이제 범죄로 간주된다. 더불어, 심각한 건강 피해를 입히는 경우에 대한 책임도 더욱 강화되었다.
자살을 부추기거나 돕거나 홍보하는 사람들에게 형사 책임이 있게 되었다. 또한, 16세 미만의 사람들에 대한 성희롱도 이제 형사 처벌을 받게 되었다. 아이들의 납치나 불법 구속에 대한 처벌도 강화되어, 청소년 보호에 더 많은 노력이 기울어졌다.
미성년자를 상대로 하는 괴롭힘(특히 사이버 괴롭힘)에 대한 행정 처벌이 처음 도입되었다. 학교에서 어린이의 안전을 보장하기 위해, 불법 행위가 발견되면 즉시 관련 기관에 신고해야 한다. 또한, 대중교통에서 16세 미만의 아이들이 안전하게 이용할 수 있도록 운임 부족으로 인한 하차가 금지되었다.
가족 문제와 여성 및 아이들의 권리 보호에 헌신된 컨택센터를 위한 법적 근거를 마련했다. 정부 기관은 이제 시민의 민원에 답변하기 위한 센터에 대한 협력과 정보를 제공해야 한다. 또한, 가정 폭력 피해자를 위한 전문 서비스를 제공하는 가족 지원 센터를 설립하기 위한 법률이 마련되었다.
또한 자녀에게 도덕적·영적 교육을 제공하고 보편적·국가적·전통적·문화적·가족적 가치에 대한 존중을 함양한다는 원칙과 함께 결혼과 가정, 부성, 모성, 아동기의 제도를 강화하는 것을 목표로 하는 부부·가족법제의 원칙을 새롭게 마련하였다.
토카예프 대통령은 가정폭력에 대한 법적 조치를 강화할 것을 강력하게 주장하며, 최근 제3차 전국 쿠릴타이(국민회의) 회의에서 이를 주요 사회악으로 지적했다. 대통령은 지난 2022년 3월 16일과 2023년 9월 1일에 국민들에게 한 연설에서 여성과 아이들에 대한 폭력을 처벌하는 지침을 발표했다. 이러한 대통령의 의지는 새로운 법안에 강력한 조항으로 담겨, 정부가 시민의 기본권을 보호하기 위해 헌신하고 있다는 메시지를 전달한다.
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President Tokayev Signs Laws Aimed at Protecting the Rights of Women and Safety of Children
April 15, 2024 - Astana, Kazakhstan – President Kassym-Jomart Tokayev has enacted the laws of Kazakhstan “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Regarding the Protection of Women’s Rights and Children’s Safety” and “On Amendments and Additions to the Administrative Offenses Code of Kazakhstan Regarding the Protection of Women’s Rights and Children’s Safety.” These laws significantly strengthen protections for women and children. The Kazakhstan Senate passed the legislation on April 11, following its approval on February 21 by the Mazhilis, the lower house of the Kazakh Parliament. This law became the first in the Commonwealth of Independent States region to introduce novel measures for the protection of women and children.
The legislation was developed in collaboration with the Commissioner for Children’s Rights, members of Parliament, and various government agencies following directives from President Kassym-Jomart Tokayev. The law aims to increase the safety and security of families and children across Kazakhstan, focusing on the development of a robust infrastructure to support those in vulnerable situations and to prevent instances of violence.
Norms have been introduced to toughen accountability for all acts of violence against women and children, strengthen the institution of the family, and enhance the safety of minors. Specifically, the intentional infliction of minor health harm and battery have now been criminalised. Additionally, the accountability for intentionally causing moderate to severe health damage has been increased.
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Factsheet on Kazakhstan’s New Law on Rights of Women and Safety of Children
Overview
On April 15, 2024, President Kassym-Jomart Tokayev enacted the laws of Kazakhstan “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Regarding the Protection of Women’s Rights and Children’s Safety” and “On Amendments and Additions to the Administrative Offenses Code of Kazakhstan Regarding the Protection of Women’s Rights and Children’s Safety.” These laws significantly strengthen protections for women and children. Kazakhstan’s Senate passed the legislation on April 11, following its approval on February 21 by the Mazhilis, the lower house of the Kazakh Parliament. This law has become the first in the Commonwealth of Independent States region to introduce novel measures for the protection of women and children.
The legislation was developed under the direction of President Tokayev, by the Commissioner for Children’s Rights, members of Parliament, and government agencies. It includes a comprehensive set of measures to create infrastructure that assists families and children and prevents violence. Additionally, it strengthens accountability for all forms of violence against children, including the criminalisation of beatings and causing minor physical harm.
New legislative measures to protect women
One of the objectives of the new legislation is to combat male chauvinism embedded in societal consciousness and legal systems. It aims to address laws that traditionally prioritise men’s interests and overlook women’s vulnerabilities.
●Criminal Liability Reinstated: Reinstates criminal liability for minor health harm and battery, removed in 2017. Removes reconciliation possibilities in repeated battery cases to minimise domestic violence.
●Stricter Penalties for Serious Crimes: Eliminates lesser punishments like restrictions of freedom for moderate and severe health damage; only imprisonment up to 8 years is now applicable.
●Increased Accountability: Criminalises intentional infliction of minor health damage. Previously, systematic abuse had to be proven; now, cruelty and mockery are sufficient grounds for punishment.
●Battery as a Criminal Offence: Includes fines up to 80 MCI (Monthly Calculation Index) or arrest for up to 25 days, with aggravated circumstances increasing penalties.
●Enhanced Accountability for Torture: Sets imprisonment terms from 2 to 3 years, extending up to 7 years under aggravating circumstances.
●Preventative Nature of Law: Allows criminal prosecution of intentional minor health damage and battery irrespective of victim’s complaint, emphasising inevitable punishment.
●Protection Provisions: Introduces the possibility of isolating offenders for 30 days and imposing a no-contact order with the victims to aid their psycho-emotional rehabilitation.
●Tougher Penalties for Minor Health Damage: Fine up to 200 MCI or arrest for up to 50 days, with aggravated circumstances leading to even harsher penalties.
●Deterrence Against Aggression: Significant fines and arrest durations for even the smallest acts of battery to deter potential abusers.
●Domestic Violence Law Impact: Encourages women to leave abusive relationships by providing legal protections and escape avenues. It criminalises battery and minor health damage, and increases punishments for moderate to severe health damage, empowering women against abusers.
●Comprehensive Socio-Cultural Ecosystem: Includes increased penalties for crimes against minors, enhanced crime prevention, and psychological and educational support to foster a safe environment.
New legislative measures for child protection
●Societal Importance: Emphasises the well-being and safety of children as crucial for the future of society and state, reflecting practices in developed countries.
●Strengthened Penalties and Norms: Increases penalties for violence against women and children, and strengthens the institution of the family and safety of minors. The Criminal Code now provides a clear list of crimes against minors including health harm, kidnapping, and murder, with no exemption from criminal responsibility due to reconciliation.
●Severe Punishments for Major Offences: Life imprisonment for the murder of a minor, rape of a minor, and violent sexual actions against a minor. Kidnapping penalties increased to 10-15 years, and illegal confinement to 5-10 years.
●Sexual Harassment Liability: Establishes criminal liability for sexual harassment of individuals under 16. Penalties include corrective labour up to 200 MCI, community service up to 200 hours, or arrest up to 50 days, with possible additional restrictions on employment.
●Zero Tolerance for Severe Crimes: Mandates life imprisonment for paedophiles and child murderers, establishing a societal zero tolerance policy.
●Suicide Prevention and Accountability: Extends criminal liability to include inciting and assisting in suicide, with penalties of 5-9 years imprisonment for offenses involving minors.
●Combating Bullying in Schools: Introduces administrative liability for bullying, including cyberbullying, of minors with fines or warnings. Increased fines for repeated offenses, with parental accountability for bullying by minors aged 12 to 16.
●Mandatory Reporting by Educational Organisations: Requires schools to report any unlawful acts committed by or against minors to law enforcement immediately.
●Protection in Public Transport: Addresses the issue of minors under 16 being expelled from public transport, now punishable by a fine of 18,460 tenge ($41). This measure aims to enhance the safety of children traveling alone.
New legislative measures to strengthen the family institution
●Enhancement of Child Rights Commissioner’s Role: The law expands the development of the Child Rights Commissioner’s institution, aiming to improve child welfare and protection.
●Establishment of Contact Centre for Family Matters: For the first time, legal foundations are set for a contact centre concerning family matters and the protection of women’s and children’s rights. This centre, a legal entity, will be designated by the authorised body in informatisation.
●Support for Families Facing Domestic Violence: The law introduces Family Support Centres within local executive bodies to provide psychological, legal, and social support. Individuals affected by domestic violence can reside at these centres for up to a month, with employers required to grant up to 30 days of unpaid leave to these employees.
●New Principles in Marital and Family Legislation: Introduces principles focused on the protection, preservation, strengthening, and promotion of traditional family values. These principles encompass the institutions of marriage, family, fatherhood, motherhood, and childhood.
●Moral and Spiritual Education: Emphasises providing moral and spiritual education to children, fostering respect for universal, national, traditional, cultural, and family values in accordance with the Constitution and laws.
Kazakhstan’s reforms and international commitments
The legislation to combat domestic violence in Kazakhstan represents a robust and comprehensive response, aligned with President Kassym-Jomart Tokayev’s directives from his state-of-the-nation address in September 2023.
It emphasises tougher responsibilities for domestic abuse and aims to protect fundamental rights, which President Tokayev highlighted as a key priority of state policy.
President Tokayev, in his remarks at the third meeting of the National Kurultay (Congress) in March this year, explicitly identified domestic violence as a social evil that requires uncompromising action, reflecting the government’s commitment to addressing this critical issue through legislative action.
●Implementation of the “Law and Order” Principle: President Tokayev aims to establish the rule of law and form a just society, with all issues resolved within the legal framework, as a central part of his electoral program.
●Implementation of Tokayev’s Formula “Strong President – Influential Parliament – Accountable Government”: Legislation passed by Parliament, endorsed by the Prime Minister, showcases an increased role of the legislative body in tackling major social issues, reflecting a collaborative effort between Parliament and Government to strengthen the political system.
●Realisation of a Just Kazakhstan: Recognition of violence against women and children as a severe social issue has led to new laws, supported by the President, demonstrating a responsive state that aligns with public demand. This constructive interaction between civil society and the state, championed by President Tokayev, has gained widespread approval and support, moving towards a vision of a just Kazakhstan.
●International Recognition: Kazakhstan’s efforts in legislative reform and law enforcement to combat violence against women and children have been showcased at international venues, including the UN General Assembly in New York and the Central Asia Women's Dialogue in Brussels.
●Leadership in Gender Mainstreaming: Recognised as a regional leader in gender mainstreaming. At the 2021 Global Forum “Generation Equality” in Paris, Kazakhstan announced commitments to fight gender-based violence and promote economic justice.
●Support for the Spotlight Initiative: Kazakhstan actively participates in the joint UN and European Union project aimed at eradicating sexual violence and harmful practices against women and girls in Central Asia and Afghanistan.
