Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape. The punishment for conviction of rape, including spousal rape, ranges from three to 15 years’ imprisonment. There were reports of police and judicial reluctance to act on reports of rape, particularly in spousal rape cases.
Legislation identifies various types of domestic violence, such as physical, psychological, sexual, and economic, and outlines the responsibilities of local and national governments and NGOs in providing support to domestic violence victims. The law also outlines mechanisms for the issuance of restraining orders and provides for the 24-hour administrative detention of abusers. The law sets the maximum sentence for spousal assault and battery at 10 years in prison, the same as for any assault. The law also permits prohibiting offenders from living with the victim if the perpetrator has somewhere else to live, allows victims of domestic violence to receive appropriate care regardless of the place of residence, and replaces financial penalties with administrative arrest if paying fines was hurting victims as well as perpetrators.
NGOs estimated that on average 12 women each day were subjected to domestic violence and more than 400 women died annually as a result of violence sustained from their spouses. Due in part to social stigma, research conducted by the Ministry of National Economy indicated that a majority of victims of partner abuse never told anyone of their abuse. Police intervened in family disputes only when they believed the abuse was life-threatening. Police often encouraged the two parties to reconcile.
On January 22, the Karatau District Court in Shymkent sentenced Khairulla Narmetov to 3.5 years in jail for injuring his wife Umida. In November 2017 he had attacked her with a knife and injured her severely. After a difficult six-hour surgery, doctors managed to save her life. During the court trial, Umida forgave her husband “for the sake of the children,” she said.
The government opened domestic violence shelters in each region. According to the NGO Union of Crisis Centers, there were 28 crisis centers, which provided reliable services to victims of domestic violence. Of these crisis centers, approximately a dozen have shelters.
Other Harmful Traditional Practices: Although prohibited by law, the practice of kidnapping women and girls for forced marriage continued in some remote areas. The law prescribes a prison sentence of eight to 10 years for conviction of kidnapping. A person who voluntarily releases an abductee is absolved of criminal responsibility; because of this law, a typical bride kidnapper is not necessarily held criminally responsible. Law enforcement agencies often advised abductees to sort out their situation themselves. According to civil society organizations, making a complaint to police could be a very bureaucratic process and often subjected families and victims to humiliation.
Sexual Harassment: Sexual harassment remained a problem. No law protects women from sexual harassment, and only force or taking advantage of a victim’s physical helplessness carries criminal liability in terms of sexual assault. In no instance was the law used to protect the victim, nor were there reports of any prosecutions.
According to studies conducted by NGOs, half of all working women (53 percent) were subject to sexual advances from male supervisors and 14 percent received advances from colleagues. None of those women reached out to police with complaints due to shame or fear of job loss.
In March a group of NGOs and media activists set up Korgau123, an organization to support victims of harassment, and launched a hotline.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The constitution and law provide for equal rights and freedoms for men and women. The law prohibits discrimination based on gender. Significant salary gaps between men and women remained a serious problem. According to observers, women in rural areas faced greater discrimination than women in urban areas and suffered from a greater incidence of domestic violence, limited education and employment opportunities, limited access to information, and discrimination in their land and other property rights.
In 2016 the president issued a decree to establish the Office of the Commissioner for Child Rights (Children’s Ombudsman) to improve the national system of child rights protection.
Birth Registration: Citizenship is derived both by birth within the country’s territory and from one’s parents. The government registers all births upon receipt of the proper paperwork, which may come from the parents, other interested persons, or the medical facility where the birth occurred. Children born to undocumented mothers were denied birth certificates.
Child Abuse: School violence was a problem, and experts estimated two of three schoolchildren suffered or witnessed violence. Violence and abuse were particularly serious in boarding schools and orphanages. An estimated 17,000 to 18,000 children suffered from either psychological or physical abuse by their parents. According to UNICEF, 75 percent of the public supported the use of violent methods of disciplining children, and children faced violence at home, schools, children’s group homes, and on the street. Humanium, an international child rights NGO, reported that mistreatment was becoming rarer, but still occurred regularly in boarding schools, foster homes, and prisons and detention centers. Children who were victims of such violence did not have easy access to adequate complaint mechanisms.
There were reports of selling newborn babies.
Early and Forced Marriage: The legal minimum age for marriage is 18, but it may be reduced to 16 in the case of pregnancy or mutual agreement. According to the United Nations Population Fund about 3,000 early and forced marriages occurred annually. Many couples first married in mosques and then registered officially when the bride reached the legal age. The government did not take any action to address the issue.
Sexual Exploitation of Children: The law does not specify the minimum age for consensual sex, but it provides for eight to 15 years in prison for individuals convicted of forcing boys or girls younger than age 18 to have sexual intercourse. The Children’s Ombudsman noted that the number of sexual violence incidents reported increased 38 percent compared with the previous year.
The law criminalizes the production and distribution of child pornography and provides administrative penalties to cover the sale of pornographic materials to minors. The country retains administrative penalties for child pornography. Perpetrators convicted of sexual offenses against minors receive a lifetime ban on working with children.
Displaced Children: Human rights observers noted that the number of street children, mainly in large cities, was high. According to the Children’s Ombudsman, the number of street children was increasing. The Children’s Rights Protection Committee reports that 1,422 street children, 233 orphans, 21 delinquent children and 12 children from problematic families were referred to Centers for Delinquent Children in the first quarter of the year. Of the total, 1,371 were returned to their families. The remaining children were sent to orphanages (97), foster families (33), or correctional boarding schools (22).
Institutionalized Children: Incidents of child abuse in state-run institutions, such as orphanages, boarding schools, and detention facilities for delinquent children, were “not rare,” according to government sources. NGOs stated one-half the children in orphanages or closed institutions suffered from abuse by teachers or other children. According to the Children’s Rights Protection Committee, the number of orphans who lived in orphanages decreased from approximately 7,000 in 2016 to 6,223 in 2017. The rest of the 27,274 orphan children were in foster or other home care.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
Leaders of the Jewish community estimated that the country’s Jewish population was approximately 10,000. They reported no incidents of anti-Semitism by the government or in society.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at http://www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, and access to health care, and in the provision of other government services, but significant discrimination existed. The government took steps to remedy some barriers to persons with disabilities, including providing access to information. NGOs stated implementation of the law on disability was lacking.
The law requires companies to set aside 3 percent of their jobs for persons with disabilities, and the government enacted high-level enforcement measures to enhance economic opportunities as part of the president’s strategy 2050; nevertheless, there were reports persons with disabilities faced difficulty integrating into society and finding employment. The government identified the two biggest barriers facing persons with disabilities as poor infrastructure and lack of access to education, while persons with disabilities expressed difficulty accessing public transportation.
Human rights observers noted multiple types of discrimination against persons with disabilities: some airlines refused to sell tickets to persons with disabilities seeking to travel alone and insisted that they should be escorted by assistants; doctors discouraged women who use wheelchairs from having children; and treatment of prisoners with disabilities in detention facilities remained a serious problem.
The government did not legally restrict the right of persons with disabilities to vote and arranged home voting for individuals who could not travel to accessible polling places.
There are no regulations regarding the rights of patients in mental hospitals. Human rights observers believed this led to widespread abuse of patients’ rights. NGOs reported that patients often experienced poor conditions and a complete lack of privacy. Citizens with mental disabilities may be committed to state-run institutions without their consent or judicial review, and the government committed young persons under the age of 18 with the permission of their families. According to an NPM report, most of the hospitals required extensive maintenance. Other problems observed included shortage of personnel, unsatisfactory sanitary conditions, poor food supply, overcrowding, and lack of light and air.
Members of the NPM may visit mental hospitals to monitor conditions and signs of possible torture of patients, but any institutions holding children, including orphanages, were not on the list of institutions NPM members may visit.
Kazakh is the official state language, although Russian has equal status as the language of interethnic communication. The law requires presidential candidates to be fluent in Kazakh. The Constitution prohibits discrimination based on language, but all prospective civil servants are required to pass a Kazakh language exam.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
According to the constitution, no one shall be subject to any discrimination for reasons of origin; occupational, social, or property status; sex; race; nationality; language; religion or belief; place of residence; or any other circumstances. The country does not criminalize consensual same-sex sexual activity.
Although gender reassignment documentation exists, the law requires a transgender person to fulfill psychiatric and physical requirements before being able to receive identity documents that align with the person’s outward gender. Many individuals lived with nonconforming documents for years and reported problems with securing employment, housing, and health care.
There were no prosecutions of anti-LGBTI violence. Although there were no government statistics on discrimination or violence based on sexual orientation or gender identity, there were reports of such actions. According to an NGO survey within the LGBTI community, 48 percent of respondents experienced violence or hate because of their sexual orientation, and 56 percent responded they knew someone who suffered from violence. The most frequent forms of abuse were verbal insults, harassment, interference in private life, and physical assaults.
NGOs reported members of the LGBTI community seldom turned to law enforcement agencies to report violence against them because they feared hostility, ridicule, and violence. They were reluctant to use mechanisms such as the national commissioner for human rights to seek remedies for harms inflicted because they did not trust these mechanisms to safeguard their identities, especially with regard to employment.
HIV and AIDS Social Stigma
The law prohibits discrimination against persons with HIV and AIDS, but stigma resulted in societal discrimination that continued to affect access to information, services, treatment, and care. The National Center for AIDS provides free diagnosis and treatment to all citizens.