Submitted by Denitsa on
This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
By virtue of being a ratified international treaty, the CRC is considered part of national law and takes precedence over conflicting provisions of national legislation, except for those of the Constitution. The Convention can be directly relied on in the courts in Kazakhstan but there is no established practice of its systematic application by judges. Children are not allowed to bring cases in their own name, except on a very limited number of issues. They may only act through a parent or other legal representative. However, if the child concerned is between 14 to 18 years old, the courts have a legal obligation to involve them in the proceedings. In addition to the regular court system, there is a system of specialised juvenile courts which has jurisdiction to hear cases related to a number of children’s rights issues.
