The source: In the Name of Unity: Addressing Discrimination and Inequality in Kazakhstan
Discrimination and Inequality on the Basis of Sexual Orientation and Gender Identity
As the HRC and the CESCR have concluded, under Article 2(1] of the ICCPR and Article 2(2) of the ICESCR, Kazakhstan is required to ensure the enjoyment of all rights under these Covenants without discrimination on grounds which include sexual orientation and gender identity.[680] In addition, Kazakhstan is required, by virtue of Article 26 of the ICCPR, to ensure that “the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground’’ including the grounds of sexual orientation and gender identity.
Despite this, reports by non-government bodies have highlighted numerous examples of discrimination against lesbian, gay, bisexual and transgender (LGBT) individuals in Kazakhstan.
Legal and Policy Framework
As discussed in Part 2 of this report, there is no explicit prohibition of discrimination on the basis of sexual orientation or gender identity under either the Constitution of Kazakhstan or any other law. Whilst it has been argued that the term “other circumstances” in Article 14 of the Constitution extends to sexual orientation and gender identity,[681] there are no examples of any court judgments finding discrimination against LGBT individuals. In its most recent engagement with the Universal Periodic Review, Kazakhstan rejected recommendations to "strengthen the legal protection” for LGBT individuals,[682] though at the same time, the state responded to recommendations to “enact specific legislation that prohibits discrimination (...] on the basis of sexual orientation” by stating that this had already been implemented.[683]
Cultural Attitudes and the Position of LGBT Persons in Society
There are no official figures on the number of LGBT people living in Kazakhstan. While homosexuality is not criminalised, there is evidence that cultural attitudes toward LGBT persons prevent individuals from openly discussing their sexuality, which may contribute to the limited visibility of this community in the country.
In 2009, the Soros Foundation - Kazakhstan conducted a survey on attitudes towards LGBT persons in Kazakhstan. The vast majority (81%] of respondents reported that LGBT people were “treated disapprovingly and without respect by people in society”[684] Only one in three LGBT individuals interviewed for the report had shared their sexual orientation with a family member.[685] In a separate survey of men who have sex with men (MSM] in the country just 21.8% of respondents had disclosed their sexuality to a non-MSM friend, a family member, or a health care professional.[686]
During the course of research for this report, one individual gave the following account of the personal impact of disclosure of their sexual orientation:
My mother had left for a business trip and I invited my friend to our house. My mother returned home late at night and found us together. I was 17 at that time, and Tanya was 22. My mother started shouting and threw a semi-naked Tanya out of our house. She then telephoned my uncle, who worked with the police, to take Tanya to the police station. The police said they would charge her for corrupting a minor. I promised to complete school and as a result my mother did not press charges. Tanya was released and she left for Almaty immediately. The following morning my mother sent me to a psychiatric hospital where I spent almost two months. My doctor eventually persuaded my mother to stop calling me perverted or mentally ill, and to stop calling Tanya a prostitute. Now my mother and I try not to see one another;
I live with my grandmother and am finishing school.[687]
The reluctance of the Kazakhstani LGBT community to discuss their sexuality reflects high levels of social stigma, fuelled by the media, governmental officials and respected members of Kazakhstani society. A number of Parliamentarians have spoken out against homosexuality. In 2013, for example, a deputy of the Mazhilis in the Kazakhstani Parliament reportedly stated that “homosexuals must not be” and that homosexuality is "a deformation of a human conscience”[688] In 2014, another Parliamentarian, Zhambyl Ahmetbekov, attributed an increase in the number of divorces to gay men.[689] In other examples, ministers have expressed the view that gay men should not be allowed to join the army;[690] compared advocacy of the right to freedom of expression concerning “non-traditional sexual orientation” to fascism,[691] and, on occasion, advocated the criminalisation of homosexuality.[692] In calling for the imposition of a ban on “homosexual propaganda” the leader of Bolashak, the Kazakhstan National Movement, Dauren Babamuratov stated:
We have stooped so low that LGBTs no longer hide their orientation. One can see a lot of people in the city's malls and other public places - these are young people in coloured pants. This means they no longer hide their [sexual] orientation. I think it is very easy to identify a gay person by his or her DNA. A blood test can show the presence of degeneratism in a person.[693]
Members of the media have openly expressed anti-LGBT rhetoric, decrying the demise of traditional family values. In 2014, for example the editor in chief of the Rabat newspaper wrote:
Over the past 40 years homosexuals have made, well, stunning achievements in the protection of their rights and freedoms. Do you want examples? As they say in Odessa "I have them!" In 1993 the World Health Organisation revised its qualification of diseases by crossing homosexuality out of the pathologies listing. This is a real threat to the family institution.[694]
In another case from 2014, the designers of a poster advertising a gay nightclub were forced to publicly apologise for the offense their advert had caused, following criticism in the media. The advertising agency responsible was found guilty of advertising “banned goods and services” and fined the equivalent of US $1700. After losing an appeal, the company was fined a further US $188,000, effectively putting them out of business.[695]
Religious leaders have also aggravated tensions between LGBT individuals and the general population. Following a hoax media report about a Gay Pride parade to be held in Almaty in 2008, a number of religious leaders publically denounced the event, with one referring to LGBT individuals as a “‘decomposing pseudo-subculture that is a threat to Kazakh society's spiritual traditions and morality”[696]
Discriminatory Laws
In addition to failing to provide clear protection from discrimination on the basis of sexual orientation and gender identity in its national law, Kazakhstan retains a number of discriminatory laws. Following the adoption of a new Criminal Code in 1999 (as amended in 2014], Kazakhstan no longer criminalises consensual same-sex sexual relations.[697] However, the Code retains a number of discriminatory provisions. Under Article 121, “sodomy, lesbianism and other sexual acts involving the use of force or the threat of its use” are punishable by imprisonment for 3 to 5 years.[698] Similarly, under Article 123, "coercion of a person to engage in sexual intercourse, sodomy, [or] lesbianism” is made punishable.[699] Whereas the prohibition of violent sexual acts may be commended, the express inclusion of the words “sodomy” and “lesbianism” as distinct from other sexual acts is problematic. On the one hand, this language implies that same-sex relations are not equivalent to other forms of sexual behaviour, while on the other hand, this approach may create an impression that the public are in need of additional protection against gay men and women, or that such individuals may be more likely to commit violent sexual offences.
While Article 8 of the Code of the Republic of Kazakhstan on Marriage (Matrimony] and Family (the Family Code], prohibits "[a]ny forms of restriction of the rights of citizens during contracting marriage” on the basis of an open- ended list of grounds, Article 11 of the same Code explicitly prohibits same- sex marriage.[700] Though recognition of same-sex marriage is not expressly required under the ICCPR,[701] states have been urged to provide legal recognition of same-sex civil unions.[702] No such recognition is provided for in Kazakhstan's law.
In addition to the directly discriminatory nature of this provision, the prohibition on same-sex marriage also means that same-sex couples are not entitled to the same legal rights and benefits as opposite-sex married couples. Thus, individuals in same-sex relationships do not benefit from marital property rights (such as rights related to common joint property provided under Articles 32-38 of the Family Code]. In addition, persons in same-sex relationships are unable to benefit from the provision in Article 16 of the Law on Citizenship, that citizenship “shall be granted” to persons who have been married to a Kazakhstani citizen for at least 3 years.[703]
In its 2006 report to the CRC Committee, Kazakhstan stated its intention to amend legislation to explicitly prohibit same-sex couples adopting children.[704] The state later did so, through the inclusion of Article 91(8) in the Family Code, which prohibits the adoption of children by “persons, maintaining the different sexual orientation”[705] In addition, Article 91(6), prohibits adoption by persons with certain health conditions including mental health conditions[706] as recognised under the International Classification of Diseases of the World Health Organisation,[707] a list which includes so-called "gender identity disorders”.
Draft Laws on "Propaganda of'Non-traditional Relationships'"
On the 19 February 2015, following similar developments in a number of Commonwealth of Independent States countries,[708] two draft Laws seeking to prohibit propaganda advocating for “non-traditional relationships”, were passed in the Kazakhstani Senate.[709] Under both of the draft Laws, a new
Article 19 would be created within the Criminal Code which would criminalise advocacy of "non-traditional relationships”,[710] whilst broad measures would inhibit the dissemination of information concerning "non-traditional relationships” through a ban on “foreign television and radio material that contains information harmful to the health and development of children, and which propagandizes non-traditional sexual orientation”[711]
Although the draft Laws were subsequently found unconstitutional by the Constitutional Council,[712] the proposal of Laws which would target LGBT individuals is a cause for serious concern. As has been noted by the United Nations Office of the High Commissioner for Human Rights, laws such as those proposed
[A]rbitrarily restrict the rights to freedom of expression and assembly. They also contribute to ongoing persecution of members of the LGBT community, including young persons who identify or are perceived as LGBT.[713]
United Nations human rights treaty bodies and special procedures have noted their concern at the development of anti-gay propaganda legislation in Russia and other states.[714] In its Concluding Observations on Ukraine, the Human Rights Committee noted that such laws, if adopted, would “run counter to the State party’s obligations under the Covenant (arts. 2, 6, 7, 9,
17, 19, 21 and 26)"[715]
It should be noted that the basis for the Constitutional Council decision was a technical problem regarding the precision of the legislation; the Council did not give detailed consideration to the compatibility of the provision with fundamental human rights norms or Article 14 of the Constitution.[716] Consequently, there is a risk that the draft Laws may be reintroduced with more precise wording. Though at the time of publication, these proposals remain dormant.
Transgender Rights
Under Paragraph 1 of the state's Rules for Medical Expertise and Gender Reassignment, “gender identity disorder” is defined as:
[T]he feeling of belonging to the opposite sex, [and] desire to live and to be perceived as a person of the opposite sex, [which is] usually accompanied by a sense of inadequacy or discomfort of [one's] own morphological sex and desire for hormonal, surgical treatment.[717]
Legal recognition of gender identity is directly linked to medical surgery Under Government Decree 1484, following diagnosis by a medical commission, gender reassignment is to be concluded through “hormonal therapy” and "surgical correction”[718] Under Article 257 of the Family Code, changing one’s legal gender identity is dependent upon having had surgery. The Code permits a change in a person’s legal name where an individual wishes to have a first and last name “that are consistent with the chosen gender in [the] case of transsexual surgery”.[719]
The requirement to undergo surgery in order to obtain legal gender recognition has long been criticised in international law. Principle 3 of the Yogyakarta principles has stated that no one "shall be forced to undergo medical procedures, including sex reassignment surgery, sterilisation or hormonal therapy, as a requirement for legal recognition of their gender identity’’[720] The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has:
[C]alled upon all States to repeal any law allowing intrusive and irreversible treatments, including forced genital-normalizing surgery, involuntary sterilization, unethical experimentation, medical display, "reparative therapies" or "conversion therapies", when enforced or administered without the free and informed consent of the person concerned.[721]
It should be noted that, according to Human Rights Watch, prior to 2009 transgender individuals were still subject to “invasive and abusive processes”, but surgery was not a requirement to obtain legal gender recognition.[722]
Discrimination by State Agents
There is a significant number of reports of discrimination committed by state agents, including the police, against LGBT persons. In 2014, KIBHR published a report on the situation of LGBT persons in Kazakhstan, which included interviews with members of the LGBT community. When asked whether the state maintained a policy of discrimination against LGBT individuals, respondents gave a range of answers, though a number of individuals expressed a belief that the state actively pursued LGBT persons. One respondent stated “[t]here must be a State policy. Very often the rights of gays are abused I can see it myself”[723]
These findings are corroborated by a report of the Soros Foundation - Kazakhstan from 2009 which provides many examples of discrimination by state officials. According to one respondent: “policemen (...] kept on saying that I should not only be raped, but killed”[724] Another person stated that:
I was beaten up by the police when I was coming home from a cafe. They stopped to check my documents but when they realized who I was and what I was, they dragged me away from the streetlight and began to beat me shouting 'you faggot' (...) [afterwards, they said that if I reported the incident] they would f*ck me right there.72
As these reports indicate, there is evidence of discrimination by the police in particular, ranging from violence by police officers to refusal or failure to deal with claims of hate-motivated violence and other crimes against LGBT persons. S., interviewed for this report, stated that:
I took a taxi to get home from a gay club. On the way, the taxi driver stopped and got out of the car, saying that he needed to buy cigarettes. He came back together with other three guys. They made me get out of the car, while insulting me took away my money and jacket. One of them pulled out a knife and jabbed me in my ribs. Then they got into a taxi and drove away. A couple passing by saved my life by calling an ambulance. When the police found out about my sexual identity, they ridiculed me and advised me not to write a complaint. Nevertheless, I wrote a complaint, the case dragged on, the attackers were not found and the law enforcement officers mockingly laughed at me for a long time, and said that I would never go to a gay club again.[725]
In 2015, Human Rights Watch reported that a number of individuals had reported facing discrimination at the hands of police, including: refusal to investigate a mugging; asking irrelevant personal and humiliating questions to a transgender victim of violence; and unlawfully extorting owners of gay clubs.[726] A number of those interviewed distrusted the police and were left lacking “confidence in the authorities’ willingness to pursue their complaints”, while some feared reporting crimes due to their concerns over future police behaviour.[727] As one individual interviewed in a 2015 Human Rights Watch report stated:
[I]f LGBT people go to the police, we risk getting insulted at best, and at worst attacked again. Most of the time it's insulted and intimidated; they threaten to expose us to our families and communities.[728]
Discriminatory Violence
Due to social pressure, violence against LGBT persons are said to be underreported.[729] Nevertheless, there is evidence from both domestic and international non-governmental organisations that discriminatory violence is a serious problem for LGBT persons. A 2009 survey of almost a thousand LGBT persons, conducted by the Soros Foundation, found that over 25% of respondents had experienced acts of violence, physical aggression or assault, including battery, hitting, kicking and pushing; sexual harassment; and sexual assaults, due to their sexual orientation or gender identity.[730] One in three of those individuals had experienced violence three or more times.[731] Almost 80% of violence suffered was at the hands of private individuals, but in an estimated 15% of cases, violence was committed by the police.[732] As one person interviewed for the report stated, punishment and correction were among the primary justifications given for violence against LGBT individuals:
The beatings follow the principle of "all against one," the underlying motive being my "deviation," my "abnormality." The violence is carried out as an act of tutoring, teaching and correcting me from the viewpoint of their "male power," which ) failed to acknowledge. )t's a way of presenting me with their idea of a "real man.[733]
In 2014, Human Rights Watch documented a number of violent incidents against LGBT individuals.[734] In one incident, a transgender woman was beaten unconscious by two men who had broken into her home.[735] In a separate incident, where the girl was sexually abused by her uncle, the mother stated: “it would have been better if he had just raped you”[736]
The most severe example of punitive or corrective hate-motivated violence is the practice of corrective rape. Speaking to the media after participating at the 117th session of the UN Human Rights Committee in June 2016, LGBT rights activist Zhanar Sekerbaeva stated:
There is such a concept as a corrective rape. When the family learns that a girl is a lesbian, her parents find a relative and invite him to rape their daughter, so as to "fix" her fault and "instill" her love to the male body.
Thus their ignorance does not allow them even to turn to doctors or specialists who can explain to them that their actions only compound the matter. Such cases have been officially registered in Kyrgyzstan. ) would not be surprised if such situation happens somewhere in our country. Kazakhstan and Kyrgyzstan have a similar mentality. In many cases, corrective rape drives the girl to rejection of the man as such, and sometimes it results in suicide.[737]
Employment
There is evidence that LGBT individuals find it necessary to withhold their sexuality or gender identity in employment, and that those who are open face discrimination as a result. Just over half (53%) of the respondents to the aforementioned Soros Foundation survey stated that they would not reveal their sexual orientation in the workplace, for fear of negative consequenc- es.[738] Although 64.1% of respondents stated that they had not been discriminated against at work,[739] this may be attributed to the fact that more than half of those surveyed withheld their sexual orientation or gender identity.
As the case of Arman Smagulov, reported in 2015, indicates, where LGBT person disclose their sexual orientation or gender identity, they can be exposed to discrimination as a result. [740] Mr Smagulov had worked as a senior operator at the Department of Internal Affairs in Almaty. After undergoing an operation to change sex from female to male, he was forced to resign from the Department, following harassment by his employer.[741]
Healthcare
As in the area of employment, the aforementioned Soros study found that 66.8% of respondents had hidden their sexual orientation from health care professionals.[742] A number of reports indicate discrimination where a person’s sexual orientation or gender identity is known. One man interviewed by Human Rights Watch in 2014 recalled visiting a hospital with a gay friend who was refused treatment by a doctor who stated “I don’t help faggots”; the man later died in hospital.[743] In a submission to Kazakhstan’s first Universal Periodic Review, Kazakhstani civil society organisations stated that stereotypes and prejudice impede access to quality healthcare:
Medical institutions in Kazakhstan are mostly funded by the state and those of them in large cities have qualified staff to address the concerns of families that bring their children to psychiatric hospital seeking to understand their sexual orientation or gender identity. However, there are a number of stereotypes expressed by medical professionals through means of media and during individual consultations that can and have been harmful to the lesbian, gay, bisexual and transgender people. Specifically, well-known sexologists repeatedly make remarks in the media about reasons why people can be LGBT that are scientifically unproven.[744]
Conclusion
Discrimination on the grounds of sexual orientation and gender identity is common in Kazakhstan. Notwithstanding its open ended equality guarantee, the Constitution does not expressly prohibit discrimination on the grounds of sexual orientation and gender identity and there is no jurisprudence indicating that the Constitution does in fact prohibit such discrimination.
There is strong and consistent evidence of negative cultural attitudes towards lesbian, gay, bi and trans people which inhibits the open expression of sexual orientation. The media, governmental officials and respected members of Kazakhstan’s society have each played a part in the condemnation and vilification of LGBT individuals. Of particular concern is the attempt in 2015 to pass propaganda laws that would prohibit the dissemination of information concerning “non-traditional” sexual orientation. Although this bill was deemed unconstitutional this was not on the grounds of discrimination but this finding was based on the technical drafting of the law. The Code on Marriage and Family expressly prohibits same-sex marriage and same-sex couples are not permitted to adopt children.
There is evidence of high levels of discrimination by state agents and discriminatory violence on the grounds of sexual orientation and gender identity. Such reports are rarely investigated or prosecuted.
725 Ibid., p. 67.
[680] In respect of the ICESCR, the United Nations Committee on Economic, Social and Cultural Rights has stated that the term "other status” used in Article 2(2) includes both sexual orientation and gender identity (see above, note 294, Para 32). In respect of the ICCPR, the Human Rights Committee has interpreted the term "other status” used in Article 2(1) (and Article 26) to include sexual orientation (see, for example, Young v Australia, Human Rights Committee, Communication No. 941/2000, UN Doc. CCPR/C/78/D/941/2000, 18 September 2003). While the Human Rights Committee has never explicitly stated that gender identity is a characteristic protected under Articles 2(1) and 26 of the ICCPR, it has raised concerns regarding the situation of trans persons in a number of countries (see, for example: United Nations Human Rights Committee, Concluding Observations: Kyrgyzstan, UN Doc. CCPR/C/KGZ/CO/2, 23 April 2014, Para 9).
[681] Soros Foundation, Unacknowledged and Unprotected: Lesbian, Gay, Bisexual and Transgender People in Kazakhstan, 2009, p. 23, available at: http://www.soros.kz/uploads/user_67/2013_0 9_04_04_43_19_269.pdf.
[682] Human Rights Council, Universal Periodic Review, Report of the Working Group on the Universal Periodic Review: Kazakhstan, UN Doc. A/HRC/28/10, 10 December 2014, Para 126.24.
[683] Ibid., Para 124.6.
[684] See above, note 681, p. 10.
[685] Ibid.
[686] Berry, M., and others, "Risk Factors for HIV and Unprotected Anal Intercourse among Men Who Have Sex with Men (MSM) in Almaty, Kazakhstan”, PLoS One, 24 August 2012, available at: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3427329.
[687] NGO 'Amulet” Interview with L., July 2014.
[688] Tenghri News, "Kazakhstan gays complain about an uneasy life”, Tenghri News, 13 March 2013, available at: http://tengrinews.kz/show/kazahstanskie-gei-jaluyutsya-na-neprostuyu- jizn-230029.
[689] Bnews.kz, "MP: Homosexuals are to blame for an increase in divorces in Kazakhstan", Караван Media Portal, 26 November 2014, available at: http://www.caravan.kz/articles/deputat-v- uvelichenii-razvodov-v-kazakhstane-vinovaty-gomoseksualisty-375364.
[690] Leach, A., "Kazakhstan says no to gay men in the military” Gay Star News, 14 June 2012, available at: http://www.gaystarnews.com/article/kazakhstan-says-no-gay-men- military140612.
[691] Nur.kz, "Tasmagambetov uncovered a plot by "brainwashing”” Nur.kz, 13 June 2012, available at: http://www.nur.kz/kk/327719.html.
[692] Lillis, J., "Kazakhstan's Parliament Hears Another Call for Anti-Gay Law” Eurasianet, 2 October 2013, available at: http://www.eurasianet.org/node/67576.
[693] Urazova, D. and Kuzmina, T., "Kazakhstan looks to ban gay 'propaganda' and identify gays by searching for degeneratism in their DNA” Tengri News. 13 September 2014, available at: http://en.tengrinews.kz/laws_initiatives/Kazakhstan-looks-to-ban-gay-propaganda-and- identify-gays-by-256105.
[694] Sharafutdinova, F., "Happy is he who is happy in his home”, Rabat Newspaper, 14 September 2014, available at: http://otyrar.kz/2014/09/schastliv-tot-kto-schastliv-v-svoem-dome.
[695] Day, A., "Kazakhstan: Ad company ordered to pay $188,000 in 'damages' over gay kiss poster” Pink News, 28 October 2014, available at: http://www.pinknews.co.uk/2014/10/28/ kazakhstan-ad-company-ordered-to-pay-188000-in-damages-over-gay-kiss-poster.
[696] Labrys and the Sexual Rights Initiative, Joint Report submitted for the Universal Periodic Review: Kazakhstan, 2009, Para 14, available at: http://sexualrightsinitiative.com/wp-content/ uploads/Kazakhstan-UPR-7.pdf.
[697] See above, note 423.
[698] Ibid., Article 121.
[699] Ibid., Article 123.
[700] See above, note 639, Article 11.
[701] Joslin v New Zealand, Human Rights Committee, Communication No. 902/1999, UN Doc. CCPR/C/75/D/902/1999, 2002, Para 8.3.
[702] Committee on Economic, Social and Cultural Rights, Concluding Observations: Bulgaria, UN Doc. E/C.12/BGR/CO/4-5, 30 November 2012.
[703] Law of the Republic of Kazakhstan, "On Citizenship of the Republic of Kazakhstan”, Law No. 1017- XII of 20 December 1991, Article 6(1).
[704] Committee on the Rights of the Child, Second and Third Periodic Reports: Kazakhstan, UN Doc. CRC/C/KAZ/3, 23 August 2006, Para 252.
[705] See above, note 639, Article 91(8).
[706] Order of the Minister of Health and Social Development of the Republic of Kazakhstan, No. 692 of 28 August 2015.
[707] World Health Organization, toternational Statistical Classification of Diseases and Related (ealth Problems, 2016, Chapter V: Mental and Behavioural Disorders, F64: Gender Identity Disorders, available at: http://apps.who.int/classifications/icdl0/browse/2016/en.
[708] For an overview of the development of anti-propaganda laws in Eurasia, see: Childs Rights International Network, Censorship: Laws Restricting Children's Access to Information, 2015, available at: https://www.crin.org/en/library/publications/censorship-laws-restricting- childrens-access-information.
[709] Draft Law on Amendments and Additions to Several Legal Acts of the Republic of Kazakhstan Concerning the Protection of Children from Information Harmful to Their Health and Development, 2015, available at: http://online.zakon.kz/Document/?doc_id=31486605; and Draft Law on Protecting Children from Information Harmful to Their Health and Development, 2015, available at: http://online.zakon.kz/Document/?doc_id=31249501#sub_id=7.
[710] Ibid.
[711] Ibid., Draft Law on Amendments and Additions to Several Legal Acts of the Republic of Kazakhstan Concerning the Protection of Children from Information Harmful to Their Health and Development, as quoted in Human Rights Watch, "That's When ) Realized ) Was Nobody", A Climate of Fear for LGBT People in Kazakhstan, 2015, p. 24, available at: https://www.hrw.org/ sites/default/files/report_pdf/kazakhstan07154_up.pdf.
[712] Decision of the Constitutional Council of the Republic of Kazakhstan on the official interpretation of paragraph 1 of Article 27 of the Constitution of the Republic of Kazakhstan and on the audit for compliance with the Constitution of the Republic of Kazakhstan Law of the Republic of Kazakhstan "On protection of children from information harmful to their health and development” and the Law the Republic of Kazakhstan "on amendments and additions
to some legislative acts of the Republic of Kazakhstan concerning the protection of children from information harmful to their health and development”, No. 3 of 18 May 2015, available at: http://online.zakon.kz/Document/?doc_id=37647015. As a consequence, under Article 74(1) of the Constitution, of the Constitutional Court Judgement, neither of the Acts could be signed and put into effect.
[713] Human Rights Council, Discrimination and violence against individuals based on their sexual orientation and gender identity, Report of the Office of the United Nations High Commissioner for Human Rights, UN Doc. A/HRC/29/23, 4 May 2015, Para 48.
[714] The Committee on the Rights of the Child, for example, recommended the “repeal (...) laws prohibiting propaganda of homosexuality” in Russia (Committee on the Rights of the Child, Concluding Observations: Russia, UN Doc. CRC/C/RUS/CO/4-5, 25 February 2014, Para 25). The Special Rapporteur on the Situation of Human Rights Defenders opined that such laws: “could be used to unduly restrict the activities of those advocating for the rights of LGBT individuals and could further contribute to the already difficult environment in which these defenders operate, stigmatising their work and making them the target of acts of intimidation and violence” (Human Rights Council, Report of the Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, Addendum, UN Doc. A/HRC/25/55/Add.3, 2014, Para 365).
[715] Human Rights Committee, Concluding Observations: Ukraine, UN Doc. CCPR/C/UKR/CO/7,
22 August 2013, Para 10. In Fedotova v. Russian Federation, the Human Rights Committee found that Russian anti-gay propaganda laws breached Articles 19 (freedom of expression) and 26 (non-discrimination) of the Convention (Fedotova v Russia, Human Rights Committee, Communication No. 1932/2010, UN Doc. CCPR/C/106/D/1932/2010, 2012).
[716] See above, note 712.
[717] Resolution of the Government of the Republic of Kazakhstan, "On Approval of the Rules for Medical Expertise and Gender Reassignment for Persons with Gender Identity Disorder” No. 1484 of 7 December 2011.
[718] Ibid. Article 2.3.
[719] See above, note 639, Article 257 (13).
[720] Yogyakarta Principles - Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity, International Commission of Jurists, 2007, Principle 3.
[721] Human Rights Council, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Mendez, UN. Doc A/HRC/22/53, 1 February 2013, Para 88. See also, Committee on the Elimination of Discrimination against Women, Concluding Observations: Belgium, UN Doc. CEDAW/C/BEL/CO/7, 14 November 2014, Paras 44-45.
[722] See Human Rights Watch, above, note 711, p. 15.
[723] Kazakhstan International Bureau for Human Rights and Rule of Law, Monitoring Report on the LGBT People' Rights Observance in Kazakhstan on the Basis of Non-Discrimination Principle, 2014, p. 11, available (Russian only) at: https://www.bureau.kz.
[724] See above, note 681, p. 51.
[725] NGO 'Amulet” Interview with S., June 2014.
[726] See Human Rights Watch, above, note 711, pp. 7-10.
[727] Ibid.
[728] Ibid., p. 8.
[729] Ibid., p. 7.
[730] See above, note 681, p. 64.
[731] Ibid.
[732] Ibid.
[733] Ibid., p. 66.
[734] See Human Rights Watch, above, note 711.
[735] Ibid. p. 8.
[736] Ibid. p. 9.
[737] Platonova, A. and Kanafin, Z., "Zhanar Sekerbaeva: "Gender equality is equality of other sexes along with men and women””, Informburo, 12 July 2016, available at: https://informburo. kz/interview/zhanar-sekerbaeva-kazahstanskim-kvir-musulmanam-veruyushchim-geyam- lesbiyankam-i-interseks-lyudyam-ochen-tyazhelo-zhivyotsya.html.
[738] See above, note 681, p. 10.
[739] Ibid.
[740] Akhmetov, J., "Transgender Policeman reports how he was offended by the DIA”, 365 Info,
23 June 2015, available at: http://365info.kz/2015/06/policejskij-transgender-nameren- prodolzhat-suditsya-s-dvd-almaty.
[741] Ibid.
[742] See above, note 681, p. 11.
[743] See Human Rights Watch, above, note 711, p. 13.
[744] See above, note 696.
[745] See above, note 347347, Para 26.