Gay kazakhstan
Based on current survey data, considerable opposition to LGBTQ+ rights seemingly exists within Kazakhstan.
The survey outcomes were gathered from 10 LGBTQ+ Equaldex participants who had either resided in or journeyed to Kazakhstan.
Perceived SafetyAbsence of verbal harassmentAbsence of menace and brutalitySurvey findings showcase individual perceptions concerning safety and might not accurately reflect the present real-world circumstances.
Equal TreatmentHow the general public treats peopleTreatment by law enforcement officialsHow religious organizations treat people
Visibility & RepresentationRepresentation within entertainment media
CultureClubs and groups of interest
ServicesSocial assistance and support services
History
Homosexual activity in Kazakhstan
?In Kazakhstan, engaging in homosexual acts is within the law.
Current status
Kazakhstan enacted a revised penal code in 1998, resulting in the removal of Article 104. This specific removal served to effectively decriminalize mutually agreed upon same-sex sexual activity amongst males; for females, this was already permitted by law.
Male illegal, female legal
While Kazakhstan was under Soviet Union rule in 1934, the Soviet Criminal Code was amended with the addition of Article 121. According to this article, male homosexuality became a criminal offense, carrying a prison sentence of three to five years. Notably, there existed no legal provisions addressing sexual relations between women.
The Kazakh SSR then adopted its own criminal code in 1959. In Kazakhstan, Article 104 perpetuated the criminalization of sodomy, with potential imprisonment for up to three years.
The Kazakh SSR then adopted its own criminal code in 1959. In Kazakhstan, Article 104 perpetuated the criminalization of sodomy, with potential imprisonment for up to three years.
Same-sex marriage in Kazakhstan
?In Kazakhstan, the union of individuals of the same sex is not permitted by law.
The Marriage and Family Code establishes marriage as a union founded on equal rights between a female and a male. It further clarifies that "The actual cohabitation between a male and a female, including individuals of the same gender, shall not constitute recognition as marriage (matrimony)."
As per Article 11(1), matrimony is prohibited between persons who share the same gender.
As per Article 11(1), matrimony is prohibited between persons who share the same gender.
Censorship of LGBT issues in Kazakhstan
?The censorship of matters pertaining to LGBT individuals in Kazakhstan is imposed by the state.
Current status
Kazakhstan officially prohibited the Disney/Pixar animated feature 'Lightyear' back in July of 2022, subsequent to the nation's Culture and Sports Minister addressing complaints originating from conservative and religious factions within the locality concerning the inclusion of a same-sex kiss within the movie.
An LGBTQ-centered education website intended for teenage audiences, known as SelfTanu.kz, was obstructed by Kazakhstan's Culture and Information Ministry back in January of 2024, citing reasons such as the necessity of safeguarding children's rights and upholding Kazakhstan's established social standards and customs to explain the imposed restriction.
An LGBTQ-centered education website intended for teenage audiences, known as SelfTanu.kz, was obstructed by Kazakhstan's Culture and Information Ministry back in January of 2024, citing reasons such as the necessity of safeguarding children's rights and upholding Kazakhstan's established social standards and customs to explain the imposed restriction.
At one point, there were no legal limitations preventing conversations or advertisements pertaining to topics related to LGBTQ+ individuals. The earliest instance of censorship documented in this country occurred in 2022, when the government made public the banning of an animated film because of a brief, one-second long scene depicting a kiss between people of the same gender.
Right to change legal gender in Kazakhstan
?The ability to legally change one's gender in Kazakhstan is permissible, though it necessitates surgery.
Legal, but requires surgery
In 2011, updated guidelines were put in place, enabling modifications to official identification documents solely after undergoing sex reassignment surgery, physical examinations, psychiatric assessments, hormone therapy, along with sterilization. What's more, individuals younger than twenty-one are prohibited from amending the gender listed on their official identity documents.
Legal, but requires medical diagnosis
Since 2003, individuals who are transgender have had the authorization to alter their legally recognized gender in Kazakhstan. Those desiring to transition their gender were obligated to secure a "gender identity disorder" diagnosis involving numerous medical assessments as well as a psychiatric assessment conducted across thirty days.
Gender-affirming care in Kazakhstan
?In Kazakhstan, gender-affirming health care is within the bounds of the law; however, it is not permitted for those who are underage.
Current status
Legal, but banned for minors
According to Article 156 (Sex change) of the Code concerning Public Health and the Healthcare System, the following stipulations are in effect:
1. Individuals diagnosed with gender identity disorders, who have attained the age of twenty-one, possess the capacity to make decisions, excluding those with mental or behavioral conditions (illnesses), hold the entitlement to legally change their sex.
2. The authorized body shall determine the procedure for conducting medical examinations and overseeing sex reassignment for people diagnosed with gender identity disorders.
1. Individuals diagnosed with gender identity disorders, who have attained the age of twenty-one, possess the capacity to make decisions, excluding those with mental or behavioral conditions (illnesses), hold the entitlement to legally change their sex.
2. The authorized body shall determine the procedure for conducting medical examinations and overseeing sex reassignment for people diagnosed with gender identity disorders.
Legal recognition of non-binary gender in Kazakhstan
?In Kazakhstan, the judiciary system does not acknowledge non-binary genders.
Hate crime protections in Kazakhstan
?In Kazakhstan, no form of safeguarding exists regarding hate crimes.
LGBT employment discrimination in Kazakhstan
?In Kazakhstan, there are no forms of safeguarding against LGBT employment discrimination.
Within Kazakhstan's borders, there is an absence of explicit legal protection combatting discrimination grounded in gender identity or sexual orientation in employment scenarios.
LGBT housing discrimination in Kazakhstan
?In Kazakhstan, there are no forms of safeguarding against LGBT housing discrimination.
There are no explicit legal protections present within Kazakhstan that protect people from discrimination when it comes to housing due to their sexual orientation or gender identity.
Intersex infant surgery in Kazakhstan
?In Kazakhstan, there is no enacted legislation banning surgical procedures performed on intersex infants.
Serving openly in military in Kazakhstan
?In Kazakhstan, it is legal to serve openly in the armed forces.
Current status
The Ministry of Defense of the Republic of Kazakhstan declared in an interview conducted in 2022 that an individual's sexual orientation does not disqualify them from military service. The expression "According to our Constitution, no one can be discriminated against for any reason," suggests that any form of discrimination within Kazakhstan goes against the constitution, inclusive of military service. As transgenderism is not officially classified as a mental affliction within the nation, those who are transgender enjoy lawful entitlements akin to every other citizen, which also includes enlisting in the military.
Blood donations by MSMs in Kazakhstan
?Kazakhstan has a ban in place regarding blood given by MSMs (with a deferral period of one year).
Current status
Banned (1-year deferral)federal law
The regulations governing blood and its components given by a donor through a required medical evaluation as part of an assured extent of no-cost medical treatment," approved via decree No. RK HÐ-102/2020 issued by the Minister of Healthcare of the Republic of Kazakhstan, experienced revisions in 2022. The revised decree incorporates into its "Questionnaire for gathering supplementary data that restricts or impedes eligibility for donation" the successive queries:
11. During the last twelve months, have you engaged in sexual activity that is promiscuous involving heterosexual or homosexual partners?
12. Over the course of the last twelve months, have you maintained an inconsistent connection with one or more homosexual partners?
13. For the past twelve months, have you been in a stable relationship with a regular homosexual partner?
11. During the last twelve months, have you engaged in sexual activity that is promiscuous involving heterosexual or homosexual partners?
12. Over the course of the last twelve months, have you maintained an inconsistent connection with one or more homosexual partners?
13. For the past twelve months, have you been in a stable relationship with a regular homosexual partner?
Conversion therapy in Kazakhstan
?In Kazakhstan, there is no prohibition against conversion therapy.
Equal age of consent in Kazakhstan
?The minimum age for consenting to sexual activity is the same for everyone in Kazakhstan.
Current status
LGBT Rights by Region
Examine the codified LGBT regulations applicable to each distinct region found within Kazakhstan.