Extending Legislation of the Republic of Kazakhstan by Anchoring International Child Rights

By Akimzhanova, Marzhangul; Ilyassova, Gulzhazira et al. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Extending Legislation of the Republic of Kazakhstan by Anchoring International Child Rights


Akimzhanova, Marzhangul, Ilyassova, Gulzhazira, Nukusheva, Aigul, Rustembekova, Dinara, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The Republic of Kazakhstan became a full-fledged member of the world community as it gained independence (December 16, 1991) after the collapse of the Soviet Union. The Republic became a full-fledged member of the United Nations on March 2, 1992. Since then, the Republic of Kazakhstan has been expending proactive efforts to extend the national legislation with international legal acts. There were ratified about 60 international documents on human rights, over 15 thereof touch the child rights protection (Report on the Situation of Children in the Republic of Kazakhstan, 2016).

"The International Treaties, ratified by the Republic, take priority over national laws and are directly applicable under Article 4 of the Constitution of the Republic of Kazakhstan, except the cases, when it follows from the International Treaty that it is applied under the issued law."

In this regard, Kazakhstan has ratified the Convention on the Rights of the Child of November 20, 1989 on June 8, 1994 in the view of the priority taken by the established principles of the international law (1994), thereby accepting the international obligations to bring the national legislation in line with the Convention. The Convention regulations were anchored in the national legislation, in other words-Republic of Kazakhstan has adopted the Law on the Rights of the Child (August 8, 2002).

THEORY/CALCULATION

A special authorized body-Child Rights Protection Committee under the RK Ministry of Education and Science-was established under the requirements of the UN Convention on the Rights of the Child (Article 43) (2006).

The Republic of Kazakhstan is improving its national legislation protecting the child rights in order to bring it in line with the provisions of the Convention on the Rights of the Child and other ratified international conventions. The general principles and regulations of the Convention on the Rights of the Child (Articles 2, 3, 6 and 12) (1994) are anchored in the Constitution of the Republic of Kazakhstan (Articles 14, 15 and 27) (1995) and in the Code on Marriage (Matrimony) and Family (2011). Currently, the extension process continues.

The Law No. 501-V on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Children's Rights Protection was adopted on April 9, 2016, in order to implement Articles 19 and 20 of the Convention on the Rights of the Child. Amendments were made to the existing legislative acts to anchor the international law protecting the child rights. As this law was adopted, the Code on Marriage (Matrimony) and Family was amended by adding several chapters and new foster placement solutions relating to children without parental care: foster family and a host family.

In July 2016, an Orphaned Children Database appeared in Kazakhstan. At the moment, it contains 1326 profiles of children under the age of 10. This resource contributes to the family care transparency and increases the chances of orphaned children to find a suitable family to live in. As of November 2017, 295 orphans were placed for adoption through the database (285-by Kazakhstani citizens, 10-by foreigners) (Report on the Situation of Children in the Republic of Kazakhstan, 2017).

The Republic of Kazakhstan is also going to create a system for registering 0-18-years old children to secure their right to receive educational and social services. Currently, 5.5 million children live in Kazakhstan. In other words, the share of children in the total population is 31% on average.

The Kazakhstan Child Rights Ombudsman was first established in the Republic with the Presidential Decree No. 192 of February 10, 2016. According to the Paragraph 15 of Article 1 of the Law on the Rights of the Child,

"Commissioner for Children 's Rights in the Republic of Kazakhstan shall be appointed by the President of the Republic of Kazakhstan, responsible for securing basic guarantees of rights and legitimate interests of children and for restoring their violated rights and freedoms in cooperation with state and public institutions Γ

The Commissioner for Children's Rights performs on a voluntary basis. …

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