1. What are the fundamental legal rights guaranteed to individuals in Kazakhstan?

The fundamental legal rights guaranteed to individuals in Kazakhstan are as follows:

1. Right to Life: Every individual has the right to life, which is protected by the state.

2. Right to Personal Dignity: Every individual has the right to protection of their honor, dignity, and personal integrity.

3. Right to Equality: All individuals are equal before the law and have the right to be free from discrimination on any grounds.

4. Right to Freedom: Everyone has the right to freedom of movement, residence, choice of place of work or occupation, and freedom to leave the country.

5. Right to Property: All citizens have the right to own property, including land, buildings, and other possessions.

6. Right to Privacy: The privacy of an individual’s personal life is inviolable. No one can interfere with an individual’s private life without their consent or a court order.

7. Freedom of Speech and Expression: Citizens have the right to freely express their opinions and ideas through speech, press, assembly, and peaceful protests.

8. Freedom of Religion: Everyone has the right to profess any religion or none at all. All religious organizations are equal before the law.

9. Right to Education: Every citizen has a right to education without discrimination based on race, ethnicity, gender, or social status.

10. Right to Fair Trial: All individuals have a right to a fair trial by an independent and impartial court.

11. Presumption of Innocence: An accused person is presumed innocent until proven guilty according to law.

12. Right against Torture and Inhumane Treatment: No one shall be subjected physically or mentally punishment or torture.

13. Protection Against Ex Post Facto Laws: No one shall be held accountable for actions that were not illegal at the time they were committed.

14 .Right against Forced Labor: No one shall be forced into labor except for service in case of war, natural disasters, or other extreme situations.

15. Right to Political Participation: Every citizen has the right to participate in political activities and hold public office.

Note: This is not an exhaustive list and there may be additional fundamental legal rights guaranteed to individuals in Kazakhstan according to national laws and international treaties.

2. What are the constitutional protections for civil liberties in Kazakhstan?

The Constitution of Kazakhstan guarantees several protections for civil liberties. These include:

1. Equal Rights: All citizens are guaranteed equal rights and freedoms regardless of their nationality, ethnicity, religion, social status, gender, or any other factors.

2. Personal Liberty and Security: No one can be arrested or detained arbitrarily, and all individuals have the right to security of their person and protection against any form of violence.

3. Freedom from Torture: The Constitution prohibits torture, inhumane treatment, or punishment of individuals.

4. Inviolability of Private Life: Everyone has the right to privacy in their personal and family life, home, and communication. This right is protected by law and cannot be violated without a court order.

5. Freedom of Thought and Expression: Citizens have the right to hold opinions freely and to express them orally or through any other means without fear of censorship or punishment.

6. Freedom of Religion: Every citizen has the right to practice any religion or no religion at all. The state is separate from religious institutions and no one can be forced to participate in religious activities against their will.

7. Freedom of Assembly and Association: Citizens have the right to peacefully assemble and associate with others for any lawful purpose without prior authorization from authorities.

8. Right to Access Information: Citizens have the right to access information held by state bodies, local self-government bodies, and officials except for information that is classified as confidential by law.

9. Fair Trial Rights: All persons are considered innocent until proven guilty in a court of law by a final verdict. They also have the right to a fair trial where they are able to defend themselves with legal assistance.

10. Right to Education: Every citizen has the right to education which is free at all levels up until secondary education according to the Constitution.

Overall, these constitutional protections ensure that fundamental civil liberties such as freedom of speech, religion, association, privacy, due process, and equality are respected and upheld in Kazakhstan.

3. How does the judicial system provide equal protection under the law for all citizens in Kazakhstan?

The judicial system in Kazakhstan provides equal protection under the law for all citizens through various mechanisms and regulations, including:

1. Constitutionally guaranteed equality: The Constitution of Kazakhstan guarantees equal rights and freedoms to all citizens, regardless of their gender, race, ethnicity, religion, or social status.

2. Independent judiciary: The judiciary in Kazakhstan is independent from the executive and legislative branches of government. Judges are appointed by the President after nomination by the High Judicial Council and undergo strict qualification requirements.

3. Non-discrimination laws: Kazakhstan has implemented various laws that prohibit discrimination in all forms. These include the Law on State Guarantees of Equal Rights and Opportunities for Men and Women, as well as laws protecting against discrimination based on race, ethnicity, religion, disability, and sexual orientation.

4. Right to a fair trial: All citizens accused of a crime have the right to a fair trial before an independent court of law. This includes access to legal counsel and interpretation services if needed.

5. Legal aid: The government provides legal aid services to those who cannot afford legal representation so that everyone has access to justice regardless of their financial situation.

6. Public defenders: In criminal cases where an accused individual does not have a lawyer, a public defender will be assigned to represent them free of charge.

7. Due process: The judicial system ensures that fair procedures are followed throughout the legal process for all citizens.

8. Transparency in court proceedings: Court hearings are open to the public unless there is a legitimate reason for them to be closed. This allows for transparency and accountability in the justice system.

9. Appeal process: Individuals have the right to appeal court decisions they believe were made unfairly or contrary to law.

10. International obligations: As a member state of international organizations such as the United Nations and Organization for Security and Cooperation in Europe (OSCE), Kazakhstan is obligated to adhere to their standards on human rights and non-discrimination in the justice system.

Overall, the legal system in Kazakhstan is designed to protect and uphold the rights of all citizens equally, providing a fair and just legal process for all individuals.

4. What laws are in place to protect against discrimination based on race, gender, or other factors in Kazakhstan?

The main laws in place to protect against discrimination based on race, gender, or other factors in Kazakhstan are the Constitution of the Republic of Kazakhstan and the Law On Counteracting Discrimination. Other laws that address discrimination include the Labor Code, Family Code, Criminal Code, and Civil Code.

Under Article 14 of the Constitution, all individuals are equal before the law and have the right to equal protection and non-discrimination by the state. The Law On Counteracting Discrimination prohibits discrimination on the grounds of race, ethnicity, nationality, language, religion, belief, political affiliation, social status or property status, age, gender identity and sexual orientation.

Employment discrimination is also addressed in the Labor Code and prohibits discrimination in hiring, terms of employment and promotions on any grounds. The Family Code protects against discrimination based on marital status or pregnancy in matters such as employment and educational opportunities.

In addition to these laws, there are government agencies responsible for enforcing anti-discrimination measures and promoting equality. The Commissioner for Human Rights (Ombudsman) is responsible for protecting human rights and freedoms from violations by state bodies or their officials. The National Commission on Women’s Affairs coordinates policies related to gender equality and works to prevent discrimination against women.

Overall, Kazakhstan has made efforts to combat discrimination through legislation but there is still room for improvement in implementation and enforcement.

5. How does Kazakhstan’s legal system safeguard freedom of speech and expression?

Kazakhstan’s legal system safeguards freedom of speech and expression through various laws and institutions. These include the Constitution of Kazakhstan, which guarantees the right to freedom of speech and expression (Article 20) as well as the Law on Mass Media and Freedom of Speech (1999).

The Constitution also prohibits censorship, stating that “any direct or indirect limitation of rights and freedoms belonging to citizens for political reasons shall be prohibited” (Article 12). This ensures that individuals are free to express their opinions without fear of government interference or censorship.

Additionally, there is a strong legal framework in place to protect journalists and media outlets. The Law on Mass Media and Freedom of Speech sets out regulations for media organizations, including provisions for press accreditation, protection of sources, and access to information. Additionally, libel and defamation laws are in place to protect individuals from false accusations or attacks on their reputation.

Freedom of assembly is another important aspect of free expression in Kazakhstan. The Law on Peaceful Assembly (1995) guarantees the right to hold peaceful protests and demonstrations, as long as they do not violate public order or safety.

Furthermore, there are several institutions tasked with monitoring and safeguarding freedom of speech in Kazakhstan. The Agency for Informatization and Communication oversees media regulation, while the Committee for Informational Security coordinates efforts to combat hate speech and other forms of harmful content.

However, despite these measures in place, there have been reported cases of restrictions on free speech in Kazakhstan, particularly when it comes to criticism of the government. Human rights organizations have raised concerns about government pressure on independent media outlets and crackdowns on dissenters. Therefore, further efforts may be needed to strengthen protections for freedom of speech in practice.

6. What are the requirements for fair and impartial trials in Kazakhstan?

The requirements for fair and impartial trials in Kazakhstan include the following:

1. The right to a fair and public hearing: Article 46 of the Constitution of Kazakhstan guarantees the right to a fair and public hearing for all citizens, which includes criminal cases.

2. Presumption of innocence: All individuals are considered innocent until proven guilty according to law. This principle is protected by Article 18 of the Constitution and is observed in all criminal proceedings.

3. Equality before the law: Article 14 of the Constitution states that all citizens are equal before the law and must be treated equally during trial without discrimination based on gender, race, ethnicity, religion, or social status.

4. Right to an attorney: Every accused person has the right to an attorney from the moment of detention or arrest. If an accused person cannot afford an attorney, one will be provided free of charge.

5. Access to evidence: Accused persons have the right to have access to all evidence collected against them by the prosecutor’s office or investigating authorities.

6. Presumption of innocence: All individuals are considered innocent until proven guilty according to law. This principle is protected by Article 18 of the Constitution and is observed in all criminal proceedings.

7. Right to a speedy trial: The Criminal Procedure Code of Kazakhstan stipulates that all trials should conclude within a reasonable time frame, without undue delays.

8. Impartial judges and jurors: Judges and jurors must remain impartial throughout the entire trial process, free from influences or pressure from any outside parties.

9. Right to remain silent: Accused persons have the right not to self-incriminate and can refuse to answer any questions during their trial without facing negative consequences.

10. Transparency in court proceedings: All court hearings must be open to the public unless confidentiality restrictions are deemed necessary by law.

11. Right to appeal: If found guilty, accused persons have the right to appeal their verdict before higher courts.

12. Prohibition of torture or other forms of coercion: The use of torture, cruel, or inhumane treatment is strictly prohibited during interrogations and investigations.

13. Access to interpretation: Accused persons who do not speak the language of the court have the right to an interpreter during their trial.

14. Admissibility of evidence: Evidence must be presented in a genuine and admissible manner, and any evidence obtained illegally will not be considered by the court.

15. The burden of proof: In criminal trials, it is the responsibility of the prosecution to prove guilt beyond a reasonable doubt.

7. How is due process protected in criminal cases in Kazakhstan?

The Constitution of Kazakhstan guarantees the right to a fair trial and due process in criminal cases. This includes the following protections:

1. Presumption of Innocence: In accordance with the principle of “innocent until proven guilty”, the burden of proof lies on the prosecution to prove the guilt of the accused beyond a reasonable doubt.

2. Right to Be Informed: The accused has the right to be informed promptly and in detail about the charges against them, as well as their rights during criminal proceedings.

3. Right to Legal Representation: The accused has the right to legal counsel, and if they cannot afford one, a state-appointed lawyer will be provided at no cost.

4. Right to Remain Silent: The accused has the right to remain silent and not incriminate themselves during questioning or trial.

5. Right to Confront Witnesses: The accused has the right to question and cross-examine witnesses presented by the prosecution.

6. Protection Against Self-Incrimination: Confessions obtained through coercion, torture, or ill-treatment are prohibited from being used as evidence in court.

7. Public Trial: Trials must be conducted in open court, except under special circumstances such as protecting national security or ensuring morals.

8. Impartial Tribunal: The accused has the right to a fair and impartial trial before an independent and unbiased judge or panel of judges.

9. Timely Trial: The accused has the right to have their case heard without undue delay.

10. Right to Appeal: If found guilty, the accused has the right to appeal their conviction and sentence before a higher court.

11. Prohibition of Double Jeopardy: No person can be tried twice for the same offense unless new evidence is presented.

12. Compensation for Wrongful Conviction: If an innocent person is wrongfully convicted, they are entitled under law to compensation for any harm suffered as a result of their conviction or imprisonment.

8. How does the government uphold privacy rights for its citizens in Kazakhstan?

The Constitution of Kazakhstan guarantees the right to privacy for its citizens and the government has implemented laws and policies to protect this right. Some ways in which privacy rights are upheld for citizens in Kazakhstan include:

1. Data Protection Legislation: The Personal Data Protection Law, adopted in 2013, regulates the collection, processing, and storage of personal data by government entities and private companies. This law also provides individuals with the right to access their personal data and request its deletion or correction.

2. Electronic Communications Privacy: The Law on Informatization ensures the confidentiality of electronic communications and prohibits the interception or monitoring of private communications without proper authorization.

3. Surveillance Oversight: The State Commission on Information Security is responsible for regulating surveillance activities by government agencies, ensuring that they are carried out in accordance with the law and are necessary for safeguarding national security.

4. Transparency Laws: The Law on Access to Information requires government agencies to make certain information publicly available upon request, while also protecting sensitive personal information from disclosure.

5. Healthcare Confidentiality: The Code on Health of the People and Healthcare System guarantees the protection of medical confidentiality, ensuring that an individual’s health information is not shared without their consent.

6. Media Freedom: Kazakhstan has a relatively open media environment compared to other Central Asian countries. Journalists are able to report on a wide range of topics without fear of government interference or censorship.

7. Cybercrime Legislation: The Law on Combating Computer Crimes penalizes unauthorized access to computer systems, network espionage, hacking, cyber fraud, theft or damage of information resources, etc., thereby protecting individuals from online privacy breaches.

8. International Agreements: Kazakhstan is a member of various international organizations that promote privacy rights such as the United Nations Human Rights Council (UNHRC) and Organization for Security and Co-operation in Europe (OSCE). As part of these organizations, Kazakhstan has signed onto agreements that uphold individual’s right to privacy.

9. Are there specific laws protecting minority groups from violence or discrimination in Kazakhstan?

Yes, Kazakhstan has laws in place to protect minority groups from violence and discrimination. Article 14 of the Kazakh Constitution states that all citizens, regardless of ethnicity, have equal rights and freedoms. The Law on Tolerance and Equal Rights prohibits discrimination based on race, ethnicity, language or religion.

In addition, the Criminal Code of Kazakhstan has provisions that criminalize hate speech and violence motivated by bias or hatred towards a certain ethnic or religious group. Perpetrators can face fines and imprisonment for such acts.

Kazakhstan is also a party to several international conventions and treaties that expressly prohibit discrimination and violence against minority groups, including the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination.

The government of Kazakhstan has also taken steps to promote inter-ethnic harmony through initiatives such as the Assembly of People of Kazakhstan, which aims to represent all ethnic groups living in the country.

Despite these protections, discrimination and hate crimes against minority groups still occur in Kazakhstan. The government continues to work towards promoting tolerance and preventing these incidents through education campaigns and legal measures.

10. What legal provisions exist to ensure access to education and healthcare for all citizens in Kazakhstan?

Education:
– The Law on Education guarantees equal rights and opportunities for all citizens to access education.
– Primary and secondary education is free and compulsory for all children.
– The government provides scholarships, grants, and state-funded student loans to support access to higher education for students from low-income families.
– The state also supports children with special needs by providing inclusive education programs.
– Ethnic minorities have the right to study in their native language in public schools, in addition to learning the Kazakh language.

Cuidado de la salud:
– The Law on Healthcare guarantees equal access to healthcare services for all citizens of Kazakhstan, regardless of their social status or financial means.
– All citizens are entitled to receive basic preventive, diagnostic, and treatment services free of charge through the state-funded Mandatory Social Health Insurance system.
– Low-income families are eligible for additional state subsidies and assistance with medical expenses.
– The government provides targeted healthcare programs for vulnerable groups such as children, pregnant women, and elderly individuals.
– Private healthcare providers must comply with quality standards set by the Ministry of Health and adhere to ethical principles.

11. How does the justice system handle cases of police misconduct or abuse of power in Kazakhstan?

The justice system in Kazakhstan handles cases of police misconduct or abuse of power through various channels, including internal disciplinary processes, criminal investigations and prosecutions, and civil lawsuits.

1. Internal disciplinary processes: In cases where the misconduct or abuse of power is not severe, it may be handled through internal disciplinary procedures within the police force. This can include reprimands, suspensions, demotions, or dismissals.

2. Criminal investigations and prosecutions: More serious cases of police misconduct or abuse of power may be investigated by the Prosecutor General’s Office or the Ministry of Internal Affairs. If sufficient evidence is found, criminal charges may be brought against the officer(s) involved.

3. Civil lawsuits: Victims of police misconduct or abuse of power also have the option to pursue legal action through civil lawsuits. They can seek compensation for damages suffered as a result of the misconduct.

In recent years, Kazakhstan has implemented measures to strengthen accountability and transparency in its law enforcement agencies. These include establishing an independent ombudsman office to handle complaints against law enforcement officials and introducing new laws on combating torture and protecting human rights during detention and investigation processes.

Additionally, a National Human Rights Commissioner has been appointed to monitor human rights issues in the country and provide recommendations for improvement. The public can also report incidents of police misconduct or abuse of power directly to this office.

Overall, while there have been improvements in addressing police misconduct and abuse of power in Kazakhstan’s justice system, there are still concerns about lack of effective implementation and widespread impunity for such offenses.

12. Are there any measures taken by the government to protect citizens’ voting rights and fair elections in Kazakhstan?

Yes, the government of Kazakhstan has taken several measures to protect citizens’ voting rights and ensure fair elections.

1. Electoral Code: Kazakhstan has a comprehensive Electoral Code that outlines the procedures for conducting free, fair, and transparent elections. This includes regulations for voter registration, campaigning, voting day procedures, and vote counting.

2. Independent Election Commission: The Central Election Commission of Kazakhstan is responsible for overseeing the entire election process and ensuring its fairness. It consists of independent members from different political parties and civil society organizations.

3. Voter Education: The government conducts extensive voter education campaigns before every election to inform citizens about their rights and responsibilities when it comes to voting.

4. International Observers: Kazakhstan invites international observers from organizations such as the Organization for Security and Cooperation in Europe (OSCE) to monitor elections and report on their fairness.

5. Transparency Measures: In recent years, Kazakhstan has implemented a number of transparency measures, such as live broadcasting of polling stations and online data monitoring systems, to ensure the integrity of the election process.

6. Anti-Corruption Measures: The government has also taken steps to prevent corruption during elections by implementing strict rules for political party financing and imposing penalties for vote-buying.

7. Accessible Voting Locations: The government has made efforts to ensure that all polling stations are accessible for people with disabilities or special needs.

8. Open Polling Process: During the voting process, voters can observe the ballot box opening, marking of ballots, counting of votes, and sealing of ballot boxes to ensure transparency.

9. Fast Vote Counting System: To prevent delays in reporting results, Kazakhstan introduced a fast vote counting system where results are transmitted electronically directly from polling stations to the Central Election Commission.

10. Legal Safeguards for Voters: There are legal safeguards in place to protect voters from any intimidation or pressure while exercising their right to vote.

11. Complaint Mechanisms: In case of any irregularities or violations, citizens have the right to file complaints with the local authorities and the Central Election Commission.

12. Continual Improvement: After every election, the government reviews its electoral processes and makes necessary improvements to ensure fairer and more transparent elections in the future.

13. Are international human rights treaties ratified and enforced by the government of Kazakhstan?

Kazakhstan is a signatory to various international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The government of Kazakhstan has also ratified regional human rights treaties, such as the European Convention on Human Rights.

However, there have been concerns raised by international organizations and human rights advocates about the enforcement of these treaties in Kazakhstan. While the government has taken steps to align its laws with international human rights standards, there are still reports of violations and abuses of human rights.

For instance, freedom of expression and association are restricted in Kazakhstan, with media outlets facing censorship and independent associations facing government interference. There have also been reports of crackdowns on peaceful protests and harassment of political opposition figures.

Additionally, there have been concerns about torture and mistreatment in prisons and detention facilities in Kazakhstan. Despite its ratification of the Convention Against Torture, there have been reports of torture being used to extract confessions from prisoners.

Overall, while Kazakhstan has shown a willingness to participate in the international human rights system by signing and ratifying these treaties, more needs to be done to ensure their effective implementation and enforcement within the country.

14. Is there a legal framework for protecting workers’ rights, including minimum wage and safe working conditions, in Kazakhstan?

Yes, there is a legal framework for protecting workers’ rights in Kazakhstan. The main laws that protect workers’ rights include the Labor Code of the Republic of Kazakhstan, the Law on Minimum Wage, and the Law on Occupational Health and Safety.

The Labor Code outlines various rights and obligations for both employers and employees, including terms of employment, working hours, rest periods, wages, and holidays. It also provides regulations for collective bargaining and the right to strike.

The Law on Minimum Wage sets a national minimum wage that employers must adhere to. As of January 2021, the minimum wage in Kazakhstan is set at 42,500 tenge (approximately $100 USD) per month.

The Law on Occupational Health and Safety outlines regulations for maintaining safe working conditions for employees, including measures to prevent accidents and occupational diseases. Employers are required to provide appropriate training and protective equipment for their employees.

In addition to these laws, there are also several government agencies responsible for enforcing labor laws in Kazakhstan. These include the Ministry of Labor and Social Protection, regional departments of labor inspection, and trade unions.

Overall, while there are laws in place to protect workers’ rights, enforcement can be inconsistent in some industries. It is important for foreign companies operating in Kazakhstan to familiarize themselves with local labor laws and ensure compliance with all regulations related to minimum wage and safe working conditions.

15. How does the justice system handle cases of domestic violence and protect victims’ rights in Kazakhstan?

The justice system in Kazakhstan handles cases of domestic violence by following the Criminal Code and the Law on Combating Domestic Violence, adopted in 2009. These laws aim to protect victims of domestic violence, punish perpetrators, and prevent future incidents.

1. Reporting: Any victim or witness of domestic violence has the right to report the incident to law enforcement agencies. The police are obliged to register such reports and initiate an investigation.

2. Protection orders: Victims can apply for a protection order at any time during the investigation or court proceedings. A protection order lays out specific measures that must be taken by the perpetrator to ensure the safety and well-being of the victim, including staying away from them and their place of residence.

3. Criminal prosecution: If there is enough evidence, criminal proceedings will be initiated against the perpetrator. Depending on the severity of violence, penalties may range from fines and community service to imprisonment.

4. Shelters and rehabilitative services: The Law on Combating Domestic Violence includes provisions for establishing shelters for victims of domestic violence and providing counseling services for both victims and perpetrators.

5. Victim participation: Victims have the right to participate in court proceedings related to their case, either directly or through a legal representative.

6. Legal aid: Victims have access to free legal assistance throughout all stages of criminal proceedings.

7. Protection during trial: In criminal cases involving domestic violence, courts may restrict public access to hearings if it is deemed necessary for the protection of victims’ rights and interests.

8. Remedies: Victims have the right to seek compensation for physical, mental, and material harm caused by domestic violence through civil lawsuits against perpetrators.

In addition to these measures, Kazakhstan also prioritizes education and prevention initiatives as key components in combating domestic violence. This includes awareness campaigns aimed at both preventing violent behavior and encouraging people to report incidents of abuse they witness or experience themselves.

16. Are there any specific laws protecting children’s rights and welfare in Kazakhstan?

Yes, there are several laws and policies in Kazakhstan that protect the rights and welfare of children:

1. Constitution of the Republic of Kazakhstan: The constitution guarantees protection of the rights and interests of children as one of the fundamental principles of state policy.

2. Law on Children’s Rights: This law outlines the basic principles and measures for protection of children’s rights, including right to education, healthcare, and protection from violence and exploitation.

3. Law on Prevention of Cruelty to Children: This law prohibits all forms of physical or mental violence against children, including neglect, abuse, or exploitation.

4. Law on Education: This law ensures the right to free primary education for all children and guarantees equal opportunities in access to education without discrimination.

5. Law on Social Protection: This law provides for social support and assistance to families with children, including benefits such as childcare allowances, maternity leave, and disability allowances for children with special needs.

6. National Plan ‘Kazakhstan-2030’: This national development plan includes specific goals for improving the living conditions and standard of living for children in Kazakhstan.

7. Child Protection Code: This code contains provisions on child protection from violence, exploitation, trafficking, neglect, abandonment or any other type of abuse.

8. National Programme ‘Salamatty Kazakstan’: This program aims at creating a safe environment for children by promoting healthy lifestyles and preventing harmful behaviors such as smoking, drug use or alcohol consumption among minors.

9. National Strategy ‘Children 2020’: This strategy sets out priorities for promoting child well-being in various areas such as health, education, participation in decision-making processes etc.

10. Policy ‘Provision on work with students’ vulnerable groups’: This policy requires schools to provide support and assistance to vulnerable students (orphans or those from low-income families) by ensuring their access to education and social services.

In addition to these laws and policies, Kazakhstan has also ratified the UN Convention on the Rights of the Child and is committed to implementing its principles and provisions. The government has established various institutions and mechanisms for monitoring and protecting children’s rights, including the Ombudsman for Children’s Rights, National Children’s Trust Bureau, and regional commissions on children’s rights protection.

17.Define defamation laws implemented legally against harassment or hate crimes targeting individuals or groups based on their identity or beliefs.

Defamation laws are implemented to protect individuals and groups from harassment and hate crimes targeting them based on their identity or beliefs. These laws aim to prevent defamation, which is the act of communicating false or harmful information about someone else that damages their reputation. Defamation can take different forms, such as libel (written) or slander (spoken).

Specifically, in cases of harassment or hate crimes targeting individuals or groups based on their identity or beliefs, defamation laws may be used to address:

1. Hate speech: Any form of communication that promotes hatred, hostility, or violence against a particular individual or group based on characteristics such as race, religion, ethnicity, gender, sexual orientation, nationality, etc.

2. Cyberbullying: The use of electronic communication to intimidate, threaten, harass or humiliate someone online or through social media platforms.

3. Discrimination: Any unfair treatment based on an individual’s personal characteristics such as age, disability status, religion/lack thereof.

4. Defamation per se: This refers to statements that are considered inherently defamatory without any further proof needed. For example, accusing someone of a crime without evidence is considered defamatory per se.

Defamation laws typically involve legal action being taken by the victim against the perpetrator for compensatory damages (financial compensation for harm caused), along with seeking injunctive relief (a court order to stop the harmful behavior) and punitive damages (additional financial penalties). In some countries with more severe defamation laws such as Singapore and Saudi Arabia; convicted offenders may face imprisonment in addition to financial penalties.

It should be noted that there are instances where free speech rights conflict with defamation laws. In these cases; judges need to balance between protecting an individual’s reputation while also ensuring freedom of expression is not unreasonably restricted.

In conclusion; defamation laws are crucial in protecting individuals and groups from targeted harassment and hate crimes based on their identity or beliefs. These laws serve as a deterrent and provide recourse for victims to seek justice and hold perpetrators accountable for their actions.

18.Do foreigners enjoy equal legal rights as citizens when living or visiting Kazakhstan?

No, foreigners do not enjoy equal legal rights as citizens in Kazakhstan. They may face different restrictions and limitations when it comes to employment, property ownership, and other legal matters. However, Kazakhstan has taken steps to improve the rights and protections for foreign workers, such as implementing a labor code that prohibits discrimination based on nationality and providing access to social security benefits. Additionally, foreigners can seek assistance from their embassy or consulate if they encounter any issues related to their legal rights while living or visiting Kazakhstan.

19.How do whistleblowers receive protection from retaliation if they report unethical or illegal activities by their employer or colleagues?

There are a variety of ways that whistleblowers can receive protection from retaliation, depending on their specific situation and the laws in their jurisdiction. Some possible avenues for protection include:

1. Whistleblower laws: Many countries have laws specifically designed to protect whistleblowers from retaliation. These laws typically make it illegal for employers to retaliate against whistleblowers, and may provide remedies such as reinstatement, back pay, and other damages.

2. Anti-retaliation policies: Some organizations have internal policies in place that explicitly prohibit retaliation against whistleblowers. These policies may outline the steps employees can take to report wrongdoing without fear of reprisal.

3. Confidentiality measures: In certain cases, whistleblowers may be able to report concerns anonymously to protect their identity. This can help prevent retaliation and ensure that the whistleblower’s identity remains confidential.

4. Reporting to government agencies: In some cases, whistleblowers may choose to report unethical or illegal activities directly to government agencies or regulatory bodies rather than their employer. This can provide an extra layer of protection as these agencies may have the authority to investigate and take action against retaliatory behavior.

5. Legal representation: Whistleblowers may also seek legal representation from lawyers or advocacy groups who specialize in protecting whistleblowers’ rights. These advocates can help guide the whistleblower through the reporting process and provide legal support if retaliation does occur.

It is important for potential whistleblowers to research the specific protections available in their jurisdiction, as well as any relevant laws and policies within their organization, before deciding to report unethical or illegal activities.

20.In what ways do disability laws mandate societies’ accommodation to special needs and accessibility for individuals with disabilities in Kazakhstan?

1. Employment Opportunities: The Law on Socially Vulnerable Groups guarantees equal rights and opportunities for people with disabilities in employment, including access to vocational training and job placement services.

2. Reasonable Accommodations: Under the Law on Protection of the Rights of Persons with Disabilities, employers are required to provide reasonable accommodations for employees with disabilities to ensure they have equal opportunities in the workplace.

3. Accessibility of Public Spaces: The Law on Architectural, Urban Planning, Construction Activities and Regulations requires that public spaces are accessible for individuals with disabilities, including ramps, handrails, elevators, and accessible bathrooms.

4. Education: The Law on Education guarantees individuals with disabilities the right to receive education in inclusive settings or specialized schools that meet their specific needs. It also mandates reasonable accommodations for students with disabilities in schools and universities.

5. Transportation Accessibility: The Law on Social Services provides free or discounted transportation services for individuals with disabilities, as well as priority seating and access to bus stops and railway stations.

6. Sign Language Interpretation: Public institutions are required to provide sign language interpretation services for individuals who are deaf or hard of hearing under the Law on Accessible Environment.

7. Assistive Technologies: The state is responsible for providing assistive technologies to individuals with disabilities free of charge, according to the Law on Social Assistance.

8. Non-Discrimination: Discrimination against individuals with disabilities is prohibited by law. Any form of discrimination is subject to legal action and penalties.

9. Support Services: Under the Law on Disabled People’s Social Security System, individuals with disabilities are entitled to receive social assistance services such as rehabilitation programs, home care services, and counseling.

10. Awareness Campaigns: Kazakhstan has launched various awareness campaigns aimed at promoting a more inclusive society for individuals with disabilities and raising public awareness about their rights.

11.Expanding Infrastructure for People With Disabilities: Kazakhstan has implemented policies that promote making infrastructure accessible such as infrastructure requirements that indoor sports facilities be equipped to accommodate the needs of people with disabilities under the Law on Physical Culture and Sports.

12. Rehabilitation Programs: Kazakhstan has implemented rehabilitation programs for individuals with disabilities to improve their skills, capabilities, and overall quality of life.

13. Specialized Health Services: The state guarantees individuals with disabilities access to special health services, including medical examinations and treatments, as well as the provision of prosthetic devices and equipment.

14. Inclusive Cultural Events: Government institutions are required to create conditions for the participation of people with disabilities in cultural events, including TV broadcasts and theatrical performances under the Law on Accessible Environment.

15. Job Protection: According to Kazakhstan’s Labor Code, employees with disabilities cannot be dismissed due to their disability or have their wages reduced because of it.

16. Financial Support: The state provides financial support to individuals with disabilities through monthly pensions, compensatory payments, benefits for families caring for a person with a disability, and other forms of support under the Law on Social Security Guarantees for Disabled People.

17. Disability Certification: Individuals with disabilities can obtain a certificate verifying their disability status from local government authorities, which entitles them to various rights and benefits guaranteed by law.

18. Collaboration between Government and NGOs: Kazakhstan has established partnerships between government institutions and NGOs to facilitate the implementation of laws related to individuals with disabilities.

19. Tax Exemptions: Individuals with severe physical or mental impairments can receive tax exemptions for personal income tax under the Tax Code of Kazakhstan.

20. International Conventions and Agreements: Kazakhstan has ratified international agreements such as the UN Convention on the Rights of Persons with Disabilities which obligates countries to promote inclusive societies for persons with disabilities through legislation and policies.