Kazakhstan’s domestic violence legislation, a growing social policy partnership with Europe [Advocacy Lab Content]

Kazakhstan’s legislative reforms targeting domestic violence are at a pivotal moment, with new laws taking effect on 16 June which aim to protect women and children. By aligning with European standards and fostering international collaboration, Kazakhstan is seeking to establish zero tolerance for domestic violence.

Lawmakers view the road ahead as requiring continuous efforts to challenge cultural prejudices, promote gender equality, and ensure a safer future for all Kazakhstanis.

“The reason I am passionate about this law is because in Kazakhstan we have a different attitude toward family. It is a true value of our people, and this new law is very important to protect our families,” Arthur Lasstayev, Human Rights Ombudsman and Commissioner of Human Rights told Euractiv.

“This is a victory for our country. I am happy now because we were able to do something in a very short period of time. Now we have to enforce this law, I don’t think the community will be able to remain silent after the tragic death of Saltanat Kukenova, people have a very good attitude,” said Commissioner Lasstayev.

Spotlight on Kazakh domestic violence problem

The country’s former economy minister, Kuandyk Bishimbayev, was recorded on CCTV hitting and kicking his wife Saltanat Nukenova, beating her to death. The outrage which followed led to an accelerated legislative reforms.

The public outcry over Saltanat’s murder shone a spotlight on the country’s domestic violence problem and intensified civic scrutinty. Over 150,000 Kazakhstanis signed a petition demanding the criminalisation of domestic violence, reflecting a society eager for change.

“The petition was initiated on 23 February 2021, however, after the murder, it was revived by the society,” Professor Muslim Khassenov told Euractiv.

Khassenov is a co-author of the law, an Associate Professor of Maqsut Narikbayev University, a Member of the National Commission for Women’s Affairs, Family and Demographic Policy under the President of the Republic of Kazakhstan, and a member of the Civic Chamber under the Majilis Parliament of the Republic of Kazakhstan.

“This was one act of violence that gained a lot of attention, but there are thousands more that have gone invisible.”

Professor Khassenov added a sobering statistic: “Every fifth criminal offence in the family and domestic sphere results in a person’s death. Over the past six years, we’ve lost 1238 lives due to domestic violence.”

Enacting protective laws

On 15 April 15, President Kassym-Jomart Tokayev enacted significant legislative reforms that had been in the works for years.

The laws titled “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” were passed by the Senate and Mazhilis.

Under two-thirds of all registered offences, (annually average 6030 cases) of intentional infliction or minor bodily harm and beatings cases are terminated, and only one-third of offenders are brought to judicial responsibility.

While stricter penalties address violence against women and children, the law also introduces preventive measures.

Early identification of individuals and families in difficult situations, along with special requirements for offenders’ behaviour, are crucial steps toward reshaping societal attitudes regarding gender-based violence.

Challenges and cultural shifts

Despite legislative advancements, challenges persist. “Not everyone agrees with this measure due to entrenched gender stereotypes. Changing these attitudes is an evolutionary process, not an immediate solution.”

“But society is becoming more and more aware, and this case is a good example of hearing the needs of society by the government.”

Khassenov believes this law will have a comprehensive impact. “The next steps will be criminalisation of stalking, and in the next months we will analyse the new law, research data, statistics, and sociological surveys to assess the impact and we will focus on building the infrastructure to support families.”

International collaboration and best practices

Kazakhstan’s commitment to addressing domestic violence extends beyond its national borders. The country actively collaborates with international organisations, including UN Women and the European Union, to create a safer environment for women and children.

Kazakhstan aims to integrate European best practices and international standards into its legislative framework, using the Istanbul Convention as a model. “International standards are our standards, and we are ready to live in a good country,” said Commissioner Lasstayev.

Beyond economics, Professor Khassenov hopes for a partnership with Europe that includes a social dimension. Strategic agreements with the European Union involve projects to enhance protections for vulnerable populations.”

[By Nicole Verbeeck I Edited by Brian Maguire | Euractiv’s Advocacy Lab ]

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