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KAZAKHSTAN

Male to Male relationships: Legal
Female to Female Relationships: Legal
Age of consent: Equal for heterosexuals and homosexuals
Marriage and Substitutes for Marriage: No law

Your Views

Are you LGBTI? We want to hear from you! Help us inform other users of the site with your views on this country. Below is a random question about this country. If it is relevant to you please answer it.

Traveled to KAZAKHSTAN? Did you feel comfortable being out while you were there?

The majority of people visiting this site have said I was discriminated against because of my sexual orientation

I was very comfortable (0 %) It was not an issue (0 %) I hid my sexual orientation while I was there (0 %) I was discriminated against because of my sexual orientation (100%)

The KAZAKHSTAN country survey is populated by LGBTI groups who have acted as liaisons with ILGA to identify issues affecting the LGBTI community.

Organizations were asked to discuss 4 broad subjects: the law, the mood (the social climate), the LGBTI movement as well as what would be, according to them, the most pressing campaign in their country.

Please write to countryreport@ilga.org if you have comments regarding this page.

LAW
What are the laws and policies like for LGBTI people in your country?

Male to Male Relationships

Are male to male sexual relationships legal?
Legal

If unclear, how so?
N/A

Was it illegal at any given time in your country's history?
Yes

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
16/07/1997

What is the name of this law? (if applicable - please give chapter and section)
Prior to 1997, Article 104 Penal Code of Kazakhstan used to criminalize "buggery". This legislation followed the corresponding Section 121 from the former Soviet Union, which only specifically criminalized anal intercourse between men.

What is the full text of this law?
N/A

What exactly is prohibited?
N/A

What are the punishments?
N/A

Were there men in jail or punished for same sex activity in the last twelve months in your country?
N/A

Are hate crimes based on sexual orientation considered an aggravating circumstance?
N/A

Incitement to hatred based on sexual orientation is prohibited?
N/A

Uploaded documents for this section

  • N/A

Links related to this section

Female to Female Relationships

Are female to female sexual relations legal?
Legal

If unclear, how so?
N/A

Does the law applying for men also apply for women?
N/A

Was it illegal at any given time in your country's history?
No

When was the law introduced? (DD/MM/YYYY)
N/A

When was the law removed? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
Prior to 1997, Article 104 Penal Code of Kazakhstan used to criminalize "buggery". This legislation followed the corresponding Section 121 from the Former Soviet Union, which only specifically criminalized anal intercourse between men.

Lesbian and non-penetrative gay sex between consenting adults were not explicitly mentioned in the law as being a criminal offense.

What is the full text of this law?
N/A

What exactly is prohibited?
N/A

What are the punishments?
N/A

Were there women in jail or punished for same sex activity in the last twelve months?
N/A

Uploaded documents for this section

  • N/A

Links related to this section

Age of Consent

Are there any age of consent laws for straight men or women?
Yes

Are the age of consent laws different for straight women to those for men?
No

What is the age of consent for males?
16

What is the age of consent for females?
16

Is there a different age of consent law for lesbians and gay men to that for straight men and women?
Equal for heterosexuals and homosexuals

Is there a different age of consent law for lesbians to that for gay men?
No

What is the age of consent for gay women?
N/A

What is the age of consent for gay men?
N/A

What is the name of this law? (if applicable - please give chapter and section)
Sexual Intercourse and Other Actions of a Sexual Character with a Person Under Sixteen Years of Age

What is the full text of this law?
Article 122. Sexual Intercourse and Other Actions of a Sexual Character with a Person Under Sixteen Years of Age

Sexual intercourse, sodomy, or lesbianism or other acts of sexual nature, with a person who did not reach sixteen years of age, the guilty party being aware of that fact, -

shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period up to six months, or deprivation of freedom for a period up to five years.

(The Criminal Code of the Republic of Kazakhstan)

Was the age of consent different between LGBTI/Hetero people in any given time of your country's history?
N/A

When was the law introduced? (DD/MM/YYYY)
19907160000

When was the law removed? (DD/MM/YYYY)
N/A

Links related to this section

Uploaded documents for this section

  • N/A

Freedom of association, of expression

Does the country have laws protecting freedom of expression?
Yes

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
The 1995 Constitution of the Republic of Kazakhstan, Article 20, guarantees freedom of speech. and prohibits censorship.

What is the full text of this law?
Article 20
1. The freedom of speech and creative activities shall be guaranteed. Censorship shall be prohibited.
2. Everyone shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic of Kazakhstan shall be determined by law.
3. Propaganda of or agitation for the forcible change of the constitutional system, violation of the integrity of the Republic, undermining of state security, and advocating war, social, racial, national, religious, class and clannish superiority as well as the cult of cruelty and violence shall not be allowed.

Does the country have laws protecting freedom of association?
Yes

When was the law introduced? (DD/MM/YYYY)
N/A

What is the name of this law? (if applicable - please give chapter and section)
The 1995 Constitution of the Republic of Kazakhstan, Article 23, provides the right to form associations.

What is the full text of this law?
Article 23
1. Citizens of the Republic of Kazakhstan shall have the right to freedom of forming associations. The activities of public associations shall be regulated by law.
2. The military, employees of national security, law-enforcement bodies and judges must abstain from membership in political parties, trade unions, and actions in support of any political party.

Are public demonstrations (marches,protest,parades,etc) by sexual minorities permitted?
N/A

Were public authorities usually collaborative at last events?
N/A

Here you can list the various times this occurred and tell us what happened then
N/A

Did recent events see episodes of violence?
N/A

Here you can list the various times this occurred and tell us what happened then
N/A

Links related to this section
N/A

Uploaded documents for this section
N/A

Marriage and Substitutes for Marriage

Is there any type of legal recognition for same sex relationships?
No

What types of same sex partnerships are recognized?
No law

If unclear, how so?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the country recognize same sex partnerships or marriages when couples immigrate?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

LGBTI Families/Parenting

Can gay or lesbian individuals adopt children?
N/A

In which areas can individuals adopt?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Can same sex couples adopt children together?
N/A

In which areas can couples adopt?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is second parent adoption by same sex couples legal?
N/A

In which areas is second parent adoption legal?
N/A

Legal recognition of parental role of a non biological parent
N/A

In which areas?
N/A

What is the name of the law (chapter,section...) ?
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Lesbians can receive donor insemination services and fertility treatments
N/A

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Anti-discrimination laws

Does the law prohibit discrimination on the ground of sexual orientation?
No

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of sexual orientation in employment?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Are trade unions actively supporting LGBTI people in the country?
N/A

Laws banning discrimination on the basis of sexual orientation in social services
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Armed forces

Gay or lesbian able to serve in the armed forces
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Asylum and Immigration

Prohibition on entry into the country by LGB people
No

Country grants asylum on the basis of sexual orientation
Unclear

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Uploaded documents for this section

  • N/A

Links related to this section

  • N/A

Blood donation

Is blood donation by men who have sex with men permitted?
No law

Is blood donation by women who have sex with women permitted?
No law

Is a man who’s had sex with another man banned from donating blood permanently?
No law

Is a woman who’s had sex with another woman banned from donating blood permanently?
No law

Is a man who’s had sex with another man banned from donating blood for a certain period of time?
No law

How long is the ban?
N/A

Is a woman who’s had sex with another woman banned from donating blood for a certain period of time?
No law

How long is the ban?
N/A

Does a law mention this?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

What is the full text of this law?
N/A

Links related to this section

  • N/A

Uploaded documents for this section

  • N/A

Gender identity

Is there a clear legal difference between homosexuality and transgenderism?
Unclear

Do the same laws that ban homosexuality apply for trans individuals?
N/A

Laws prohibiting discrimination on the ground of gender identity
No

In which areas?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is transgenderism classified as an illness?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Were there individuals in jail or punished for being transgender in the last twelve months in your country?
N/A

Is sex reassignment treatment and/or surgery under legal control?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your gender on official documents?
N/A

What are the requirements for one to change their gender?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Is it possible to change your name on official documents?
N/A

What are the requirements to change your name?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Does the law ban discrimination on the basis of gender identity in employment?
N/A

What is the name of this law? (if applicable - please give chapter and section)
N/A

What is the full text of this law?
N/A

When was the law introduced? (DD/MM/YYYY)
N/A

Laws banning discrimination on the basis of gender identity in social services
N/A

Trans individuals able to serve in the armed forces
N/A

Country grants asylum on the basis of gender identity
N/A

Does a law mention this?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Have the country’s citizens been granted asylum on the basis of gender identity?
N/A

Are hate crimes based on gender identity considered an aggravating circumstance?
N/A

Links related to this section

Uploaded documents for this section

  • N/A

HIV/AIDS

What estimated percentage of the population is HIV+?
0-1%

Compulsory testing for HIV
No

What is the full text of this law?
Mandatory HIV testing only applies to blood donation and organ donations.

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can place people with HIV in quarantine
N/A

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can ban foreigners with HIV from entry
No

What is the full text of this law?
N/A

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Country can expel foreigners with HIV
Yes

What is the full text of this law?
A negative test result has to be provided when applying for a work or residence permit.

Is it often applied?
N/A

How regularly?
N/A

When was the last time it was applied?
N/A

Antiretroviral drugs provided by the government
N/A

Please Specify
N/A

Links related to this section

Uploaded documents for this section

  • N/A

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