Kazakhstan. I am a child victim of domestic or sexual violence (if it is committed by a family member or if parents are ignorant)

01. Get help

— What rights do I have?

A child can call the police at 102, who will also report the case to the guardianship body, or special call-center 111 for victims of domestic violence, who will, in turn, call the police and the guardianship body. A child victim of domestic or sexual violence is entitled to medical care, comprehensive assistance, psychologists, social workers, and lawyers. 

Parents of the child may be deprived of their parental rights by a court decision for mistreating a child, including the exercise of physical or mental violence, encroaching on their sexual inviolability.

— As a minor, can I call the police myself?

Yes. The police are obliged to report this to the body, exercising the functions of guardianship at the place of the actual location of the child. Upon receipt of such information, the body exercising the functions of guardianship is obliged to take the necessary measures to protect the rights and legitimate interests of the child.

— Can I represent my own interests in state bodies, courts, etc.?

In case of violation of the rights and legitimate interests of the child, including in case of failure or improper performance by parents or other legal representatives of the obligations for the maintenance, upbringing, education of the child or in case of abuse of parental (custodian, trustee) rights, the child has the right to independently apply for the protection of his rights in the body exercising the functions of guardianship, and upon reaching the age of fourteen years – to the court. 

— Will I be removed from my own family? How? When? Etc.

In the event of a direct threat to the life of a child or his health, the body exercising the functions of guardianship has the right to immediately remove the child from his parents or from other persons in their care.

When a child is taken away, the body exercising the guardianship functions is obliged to immediately notify the prosecutor, provide temporary accommodation for the child, and within seven days of the child’s removal, apply to the court with a claim for restriction or deprivation of parental rights.

— Legislation punishing violence against children

In the event of a direct threat to the life of a child or his health, the body exercising the functions of guardianship has the right to immediately remove the child from his parents or from other persons in their care.

When a child is taken away, the body exercising the guardianship functions is obliged to immediately notify the prosecutor, provide temporary accommodation for the child, and within seven days of the child’s removal, apply to the court with a claim for restriction or deprivation of parental rights.

Code of Administrative Violations of the Republic of Kazakhstan:

Article 73 of the Code of Administrative Violations prohibits illegal acts of domestic relations under the penalty of a 5-day administrative arrest. The illegal acts include profanity, insulting, harassment, humiliation, damage to household items, and other actions that express disrespect for the offender’s family members. 

Articles 73-1 and 73-2 are often applied to domestic violence incidents. These articles establish liability for “deliberately causing minor bodily harm” and “commission of other violent acts that caused physical pain, but did not cause harm to health.” An offender can receive up to 20 days of administrative arrest.

Article 460-1 of the Code provides a penalty in the form of a warning or administrative arrest for violation of a protective order. Issuance of a protective order is regulated by Article 20 of the Law “On Prevention of domestic violence.”

There are also the following articles in the Code of Administrative Violations:

• Article 127. Non-fulfillment of duties by parents or other lawful representatives in the child-rearing responsibility
• Article 127-1. Failure to report illegal acts committed by or against minors
• Article 128. Involvement of a minor in the perpetration of an administrative offense 
• Article 129. Non-fulfillment by officials of local executive bodies and (or) legal representatives of the child of the obligation to register orphans, children left without parental care, in need of housing
• Article 130. Non-fulfillment by officials of local executive bodies and (or) legal representatives of the child of the obligation to preserve the home of orphans, children left without parental care
• Article 131. Bringing a minor to a state of drunkenness

Criminal Code of the Republic of Kazakhstan:

Article 134. Involvement of a minor in prostitution

Article 135. Trafficking minors

Article 139. Failure to fulfill obligations to pay funds for the maintenance of children, evasion from payment of funds for the maintenance of disabled parents, disabled spouse (wife)

Article 140. Failure to fulfill the obligations of raising a minor

Article 141. Improper performance of duties to ensure the safety of life and health of children

Article 142. Abuse of the rights of a guardian or custodian

Article 143. Illegal export of a minor outside the Republic of Kazakhstan

Article 144. Involvement of minors in the production of products of erotic content

Crimes against the sexual inviolability of minors include acts provided for in articles 120 (rape), 121 (violent acts of a sexual nature), 122 (sexual intercourse or other acts of a sexual nature with a person under 16 years of age), 123 (compulsion to have sexual intercourse, sodomy, lesbianism or other acts of a sexual nature), 124 (a corruption of minors), 134 (involvement of a minor in prostitution), 144 (involvement of children in the manufacture of products of erotic content), parts two and three of Article 312 (production and circulation of materials or objects with pornographic images of minors or their involvement in participation in entertainment events of a pornographic nature) committed to children.

Also, generally the commission of any crime against a minor (under the age of 14), in accordance with Article 54 p.7 (1) of the Criminal Code of the Republic of Kazakhstan, is a circumstance that aggravates criminal liability and punishment.

02. Get medical help

— As a minor, can I ask for medical help myself?

A child can call the police at 102, who will also report the case to the guardianship body, or special call-center 111 for victims of domestic violence, who will, in turn, call the police and the guardianship body. A child victim of domestic or sexual violence is entitled to medical care, comprehensive assistance, psychologists, social workers, and lawyers. 

Parents of the child may be deprived of their parental rights by a court decision for mistreating a child, including the exercise of physical or mental violence, encroaching on their sexual inviolability.

— What will happen next?

In the event of a direct threat to the life of a child or his health, the body exercising the functions of guardianship has the right to immediately remove the child from his parents or other persons in his care.

When a child is taken away, the body exercising the guardianship functions is obliged to immediately notify the prosecutor, provide temporary accommodation for the child, and within seven days of the child’s removal, apply to the court with a claim for restriction or deprivation of parental rights.

Enforcement of court decisions related to the removal of a child from parents and transfer it to another person (persons) is carried out with the obligatory participation of a representative of the guardianship body and the person (persons) to whom the child is transferred, and, if necessary, with the participation of a representative of the internal affairs bodies.

If it is impossible to enforce a court decision on the removal of a child from its parents and on its transfer to another person (persons) without prejudice to its interests, the child may, by court order, be temporarily placed in organizations that protect the rights of the child.

Deprivation of parental rights does not release parents from the obligation to support their child, which ceases with his adoption. 

Further cohabitation of a child and a parent deprived of parental rights is decided in court.

A child in respect of whom parents have been deprived of parental rights retains the right to own a dwelling or the right to use the dwelling, as well as property rights based on kinship with parents and other relatives, including the right to receive an inheritance.

If it is impossible to transfer the child to another parent or in case of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship authority.

At the request of parents deprived of parental rights, the guardianship authority allows visits with the child if this does not have a negative impact on the child.

Adoption of a child in case of deprivation of parents of parental rights is allowed after six months from the date of entry into force of a court decision on deprivation of parents of parental rights.

Adoption of a child, one of whose parents is deprived of parental rights is allowed with the other parent’s consent.

03. Get in touch with the local helping organization

— Which organizations can help?

There are several NGOs that specialize in this. Below is the list of such NGOs made from publicly available sources. We have not contacted these NGOs, nor can we vouch for these organizations. 

• Bala Qorgau, Psychological support for a child victim of domestic or sexual violence.
• UNICEF Europe and Central Asia, email: ecaro@unicef.org.

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