Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
Concluding observations adopted: 11 July 2016
Positive developments: The Committee welcomes the establishment of 19 juvenile courts in all regions and the decrease in the rate of children in conflict with the law (para 3).
Domestic servitude: The Committee is concerned that: child labour on cotton plantations still remains a problem; (b) services for victims of forced labour are lacking; (c) there is no explicit criminalization of slavery and slavery-like practices (para 35).
The State party should redouble efforts to address child labour, particularly in the cotton sector; Ensure availability of adequate services for victims of forced labour, including legal, financial and social support, and shelters (para 36).
Last reported: 14 and 15 July 2011
Concluding Observations issued: 19 August 2011
Issues raised and recommendations given:
Domestic violence: The Committee expresses concern at the prevalence of violence against women, and that the Domestic Violence Act does not encourage women to report incidents of violence against them. The Committee also expresses concern at the increased number of children who die as a result of domestic violence. However, the Committee notes the enactment of the Domestic Violence Act of 2009 (arts. 3 and 7).
The State party should adopt a comprehensive approach to prevent and address violence, in particular domestic violence, against women in all its forms and manifestations including through awareness-raising on its harmful effects. In this regard, the State party should review the Domestic Violence Act to ensure that it encourages female victims of violence to report any incidents to law enforcement authorities. The State party should ensure that cases of violence against women are thoroughly investigated, that the perpetrators are prosecuted, and if convicted, punished with appropriate sanctions, and that the victims are provided adequate reparations. (Para. 10)
Teenage pregnancy and clandestine abortions: The Committee expresses concern at the prevalence of teenage pregnancies and clandestine abortions that lead to deaths. The Committee regrets the lack of specific programmes designed to prevent teenage pregnancy and the issues arising from recourse to illegal abortions. (arts. 6 and 7)
The State party should adopt measures to help girls avoid unwanted pregnancies and recourse to illegal abortions that could put their lives at risk. The State party should take appropriate measures to raise awareness and ensure that reproductive health services and facilities are readily available and accessible in the State party. (Para. 11)
Corporal punishment: While taking note of the existence of the Child Rights Law of 2002 and the prohibition of corporal punishment in schools and the penal system, the Committee expresses concern at the permissibility of corporal punishment in the home and foster care establishments where it continues to be accepted and practised as a form of discipline by parents and guardians. (arts. 7 and 24)
The State party should take practical steps to put an end to corporal punishment in schools and institutions. It should also encourage non-violent forms of discipline as alternatives to corporal punishment in family settings and conduct public information campaigns to raise awareness about its harmful effects. (Para. 15)
Trafficking and child labour: The Committee regrets the increase in the number of reported crimes related to trafficking in human beings. The Committee also regrets the increase in the number of children employed in cotton and tobacco fields. The Committee notes the State party’s efforts to combat trafficking in human beings, such as the establishment of the Interdepartmental Commission against human trafficking. (art. 8)
The State party should strengthen its efforts to combat trafficking in human beings by ensuring that efforts are directed towards establishing and dealing with the root causes of trafficking. Furthermore, the State party should ensure that children are protected from the harmful effects of child labour, particularly those employed in cotton and tobacco fields. In this regard, the State party should ensure that all cases of human trafficking and use of child labour are effectively investigated, that perpetrators are prosecuted and punished with appropriate sanctions, and that the victims are adequately compensated. (Para. 16)
Last reported on 10 / 11 May 2010
Concluding Observations issued 21 May 2010
Issues raised and recommendations given:
Human Rights Education: The Committee is concerned that human rights education in schools and in training programmes for selected professions, exclude economic, social and cultural rights. The Committee recommends that the State party include economic, social and cultural rights in the curricula of schools, and in the human rights training programmes for professionals who have a direct role in the promotion and protection of human rights, including civil servants, medical professionals, social workers, teachers, law enforcement officers and the military. (Para. 9)
Migrants and education: The Committee is alarmed about the systemic discrimination against migrants, refugees and asylum seekers with respect to their economic, social and cultural rights. The Committee is particularly concerned that these groups are not eligible for social assistance from the State party and that they face obstacles for securing legal means of subsistence. The Committee urges the State party to remove all barriers to the effective exercise of economic, social and cultural rights by migrants, refugeesand asylum seekers, including in the field of social assistance, education, employment, health services, and family protection. (art. 2.2) (Para. 14)
Violence: The Committee is alarmed at the high level of violence against women and children in the State party. The Committee is concerned about impunity related domestic violence. Furthermore, the Committee is concerned that information provided during the dialogue indicates that the law does not sufficiently guarantee protection and rehabilitation of victims and that legal proceedings are initiated only upon formal complaints by victims. (Para. 25)
The Committee urges that the State party take measures to ensure effective enforcement of the Domestic Violence Law and adopt necessary amendments to ensure the criminalization of domestic violence, the prosecution of offenders and the protection and rehabilitation of victims. The Committee also calls on the State party to conduct education and training programmes for judicial authorities and law enforcement officials on women’s and children’s rights, as well as awareness raising campaigns to sensitize the general public about domestic violence as a human rights violation. (art. 10, 3)
Trafficking: The Committee notes with deep concern that trafficking in women and children remains a serious problem despite efforts undertaken by the State party. The Committee regrets the absence of statistics on the extent of the problem. (Para. 26)
The Committee urges the State party to intensify its efforts to combat trafficking in persons for sexual exploitation and labour purposes and to vigorously implement its national action plan to combat trafficking. The Committee also urges the State party to provide protection and rehabilitation services to victims and to prosecute offenders. The Committee requests that the State party include in its next periodic report detailed information on the extent of trafficking in persons into, within and out of the State party’s territory, as well as statistics, on an annual basis, and information on prosecution cases and assistance extended to victims. The Committee also requests the State party to provide information on the outcomes of measures undertaken to combat trafficking and on the difficulties encountered. (art. 10)
Child Labour: The Committee is concerned about the persistence of child labour in the State party, including by children of migrant workers in tobacco and cotton farms. The Committee is also concerned that these children do not attend school during farming periods. The Committee calls on the State party to take urgent measures to ensure protection of all children against all forms of exploitation and undertake effective measures to enable them to fully enjoy their right to education. The Committee requests that the State party in its next periodic report include detailed information on the problem of child labour, measures undertaken to eradicate child labour, and progress achieved in this regard. The Committee also requests detailed information regarding street children, including statistical data, on an annual basis, disaggregated by age and gender. (art. 10.3) (Para. 27)
Health: The Committee notes with concern that sexual and reproductive health services, particularly for teenagers, are not available. The Committee further notes with concern the lack of comprehensive sexual and reproductive health education programmes for girls and for boys in the national school curricula, providing them with objective information in accordance with medical and education standards. (Para. 33)
The Committee recommends that the State party include sexual and reproductive health education programmes in schools and provide a broad range of sexual and reproductive health care services through its primary health care system. The Committee also requests that the State party provide in its next periodic report information on sexual and reproductive heath, including the practice of abortion. (art. 12, 10)
Last reported on: 12 and 13 February 2014
Concluding Observations issued: 21 February 2014
Health: The committee is concerned about the irregular status of migrant workers and their children who are often denied access to education, as well as other public services.
Education: The Committee is particularly concerned that minorities account only for 7.8 per cent of students in higher education institutions.
Last Reported: 13 February 2014 Concluding Observations issued: 14 March 2014
Issues raised and recommendations given:
Special measures: While noting that the State party has taken steps to facilitate, inter alia, the representation of ethnic minorities in the Lower Chamber of the Parliament and education in ethnic minority languages in public schools, the Committee is concerned that special measures seem to be perceived by the State party as aimed at introducing “artificial inequality” or unequal or separate rights for different ethnic groups. Recalling its general recommendation No. 32 (2009) on the meaning and scope of special measures, the Committee recommends that the State party amend its legislation to provide for the possibility of adopting special measures to promote equal opportunities and enhance strategies against inequality and discrimination, in accordance with article 1, paragraph 4, and article 2, paragraph 2, of the Convention. (arts. 1, para. 4; and 2, para. 2) (Para. 8)
Migrant workers: The Committee is concerned about the irregular status of many migrant workers in the country, who have limited access to public services and whose children are often denied access to education, and to medical treatment other than in emergencies. The Committee is also concerned about the absence of disaggregated data on migrant workers, who are often at risk of violence, extortion and trafficking of human beings.
The Committee recommends that the State party: (a) Take special measures to ensure that migrant workers and their families enjoy equal access to education, healthcare and other essential public services, including social insurance; (b) Compile disaggregated data on all categories of migrant workers and on their enjoyment of their rights; (c) Strengthen measures to prevent incidents of violence, extortion and trafficking against migrant workers and prosecute and punish perpetrators of such acts; (d) Consider acceding to International Labour Organization Convention No. 143 (1975) concerning migrations in abusive conditions and the promotion of equality of opportunity and treatment of migrant workers. (art. 5 (e) (iv) and (v)) (Para. 16)
Education: While noting with appreciation the growing quality of education in and the study of minority languages, and the number of schools, textbooks and qualified staff involved, the Committee is concerned that the numbers of ethnic minority students, at all levels of education, who receive instruction in and study ethnic minority languages remain low compared to the ratio of minorities in the overall population, which amounts to around 35 per cent. The Committee is particularly concerned that minorities account for only 7.8 per cent of students in higher education institutions.
The Committee recommends that the State party: (a) Take additional measures to increase access for children from ethnic minorities to instruction in and study of their mother tongue, including through the establishment of schools and the provision of textbooks in minority languages and of adequate professional staff; (b) Adopt special measures to ensure improved access to higher education for students from all ethnic groups without discrimination (arts. 5 (e) (v); and 7) (Para. 17)
Last reported on: 13 and 16 August 2004
Concluding Observations issued: 10 December 2004
Issues raised and recommendations given:
Minority groups and education: The Committee notes the absence of legislation regarding the status of languages and that little information has been provided by the State party on the participation of minorities in the elaboration of cultural and educational policies. The Committee is concerned that minority languages are not used in the educational system to an extent commensurate to the proportion of the different ethnic communities represented in the student body. (Para. 12)
The Committee recommends that the State party adopt legislation on the status of languages and that it include detailed information in its next periodic report regarding the use of ethnic minority languages in education and how ethnic minorities participate in the elaboration of cultural and educational policies.
Trafficking: While acknowledging that the State party has developed a governmental work plan to combat human trafficking, the Committee notes with concern that there is ongoing trafficking of women and children, particularly affecting non-citizens and ethnic minorities. The Committee recommends that the State party include detailed information in its next periodic report on human trafficking and that it reinforce its ongoing efforts to prevent and combat trafficking and provide support and assistance to victims. Furthermore, the Committee urges the State party to make determined efforts to prosecute the perpetrators and underlines the paramount importance of prompt and impartial investigations. (Para. 16)
Last reported: 14 February 2014
Concluding Observations issued: 28 February 2014
Issues raised and recommendations given:
Stereotypes and harmful practices: The Committee recalls its previous concluding observations (CEDAW/C/KAZ/CO/2, para. 13) and remains concerned at the persistence of some forms of harmful practices and traditions as well as patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society, particularly those portraying women as caregivers. The Committee notes that such stereotypes contribute to the increased harmful practice of child marriage and polygamy among certain ethnic groups, and hence to the disadvantaged and unequal status of women in society. (Para. 16)
The Committee urges the State party to intensify the efforts of the National Commission on Women, Family and Demographic Policy Issues and other stakeholders to educate people and raise their awareness of existing sex-based stereotypes that persist at all levels of society, with a view to eliminating them; and to take effective legal measures to combat child marriages and polygamy (para. 17)
Trafficking: The Committee remains concerned that the State party is a country of origin, transit and destination for trafficked women and girls mainly for sexual exploitation and forced labour. The Committee is also concerned at the low reporting of trafficking crimes. It is further concerned that although women engaged in prostitution have access to health care services, there is no data regarding programmes aimed at addressing prostitution, including exit programmes for women who wish to leave prostitution. The Committee recommends that the State party to ensure the rehabilitation and social integration of victims, including by providing them with access to shelters, legal, medical and psychosocial assistance, and alternative income-generating opportunities; and intensify awareness-raising aimed at promoting reporting of trafficking crimes and early detection of women and girls who are victims of trafficking. (Paras. 20-21)
Nationality: The Committee is concerned that there still exists stateless persons, including women and girls, who continue to face difficulties in accessing education, health care and other services due to the lack identification documents and proof of residence in the State party. The Committee is also concerned that a considerable number of childbirths are not registered in the State party. (Para. 24)
The Committee recommends that the State party undertake programmes aimed at accelerating the regularisation of stateless women and girls and ensure that they have adequate access to education, healthcare and other basic services; and strengthen its public awareness-raising campaigns and take concrete measures to ensure that poor and rural women are aware of the requirements relating to State birth registration, and are able to easily access birth registration services, including birth certificates, provided by the Government. (Para. 25)
Education: The Committee is concerned at stereotypical choices of subjects and courses in education. The Committee is further concerned about the increasing number of girls who drop out of school partly due to child marriages. (para. 26)
The Committee recommends that the State party encourage girls and young women to choose non-traditional fields of study and professions; reduce school dropouts among girls by combating child marriages through the development of a comprehensive strategy, which should, inter alia, focus on raising awareness among parents, community leaders and the general public about the harmful practice of child marriage; and integrate age-appropriate education on sexual and reproductive health and rights into school curricula, including comprehensive sex education for adolescent girls and boys covering responsible sexual behaviours. (para. 27)
Health: The Committee is concerned that while the population living with HIV/AIDS is low, the growth rate of newly reported HIV cases significantly exceeds the population growth rate, and women remain at high risk of contracting HIV. The Committee is further concerned that free access to contraceptives is not on the list of State guaranteed free medical services. (para. 30)
The Committee calls upon the State party to intensify the implementation of strategies to combat HIV/AIDS, particularly preventive strategies, and continue the provision of free antiretroviral treatment to all women and men living with HIV/AIDS, including pregnant women so as to prevent mother-to-child transmission; collect data on women drug users in prisons and in society at large to determine; and consider adding free access to a comprehensive range of contraceptives to women, including rural women, women with disabilities and adolescents in the list of State guaranteed free medical services. (para. 31)
Marriage and family relations: The Committee is concerned about the existence of traditional and religious marriages, which are solely based on religious ceremonies and customary traditions, including de facto polygamous marriages, which deny women and children legal and economic protection upon their dissolution. The Committee recommends that the State party effectively enforce its legislation in line with the Committee’s General Recommendation No. 29 (2013) on economic consequences of marriage, family relations and their dissolution, and to protect the rights of women upon dissolution of such religious or customary marriages regardless of their registration status. (Paras. 34-35)
Last reported 16 January 2007
Concluding Observations issued: 2 February 2007
Issues raised and recommendations given:
Education: While noting the introduction of a number of courses on gender-related subjects in institutions of higher education, the Committee continues to be concerned about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and in society in Kazakhstan, which are reflected in women’s educational choices, their situation in the labour market and their low level of participation in political and public life. The Committee is concerned about persistent stereotypes found in school textbooks. (Para. 13)
The Committee requests the State party to enhance the training of teaching staff in regard to gender equality issues and to revise educational textbooks to eliminate gender stereotypes. The Committee urges the State party to disseminate information on the Convention through all levels of the educational system, including human rights education and gender-sensitivity training, so as to change existing stereotypical views and attitudes about women’s and men’s roles. The Committee calls on the State party to further encourage diversification of the educational choices of boys and girls. It also urges the State party to encourage public dialogues on the educational choices girls and women make and their subsequent opportunities and chances in the labour market. It recommends that awareness-raising campaigns be addressed to both women and men and that the media be encouraged to project positive images of women and of the equal status and responsibilities of women and men in the private and public spheres.
Trafficking: While noting the legislative and other measures taken to combat human trafficking, including the amendments to the Criminal Code and other laws, the adoption of the 2006-2008 government action plan to combat and prevent crimes linked to trafficking in persons and the establishment of the Interdepartmental Commission for Suppressing the Unlawful Removal, Import or Traffic in Persons, the Committee remains concerned about the persistence of trafficking in women and girls in Kazakhstan. (Para. 17)
The Committee calls upon the State party to ensure that legislation on trafficking is fully enforced and that the action plan and other measures to combat human trafficking are fully implemented and their impact regularly monitored and evaluated. The Committee urges the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls. It also recommends that the State party address the root cause of trafficking by increasing its efforts to improve the economic situation of women, thereby eliminating their vulnerability to exploitation and traffickers, and take measures for the rehabilitation and social integration of women and girls who are victims of trafficking. The Committee requests the State party to provide, in its next report, comprehensive information and data on trafficking in women and girls and on exploitation of prostitution, and on the measures taken to prevent and combat such activities, including their impact.
Teenage pregnancy: The Committee is concerned about limited access to adequate health-care services for women, particularly women in rural areas. It is concerned about the negative health implications for women using intrauterine devices, which seem to be the predominant method of contraception, without proper medical checkup, and that a comprehensive range of contraceptives is not widely available. The Committee is concerned about the prevalence of teenage pregnancy, and the still high abortion rate which indicates that abortion may be used as a method of contraception. (Para. 25)
The Committee urges the State party to take concrete measures to enhance and monitor affordability and access to health-care services for women, including in rural areas, in accordance with article 12 of the Convention and the Committee’s general recommendation 24 on women and health. It requests the State party to strengthen measures aimed at the prevention of unwanted pregnancies, especially among teenagers. Such measures should include monitoring any negative effects of the use of intrauterine devices, making a comprehensive range of contraceptives available more widely and without any restrictions and increasing knowledge about family planning. The Committee requests the State party to include in its next report further information on women’s health and on the impact of measures it has taken to improve women’s health and access to health-care services, including family planning.
Early marriage: The Committee is concerned about the existence of marriages involving girls under 18, and of religious or traditional marriages, which are not registered and can violate women’s rights. (Para. 29)
The Committee requests the State party to implement fully the laws on marriage and family which set the age of marriage at 18 years for both women and men and to adopt measures which are aimed at bringing religious and traditional marriages in line with the Convention. It requests the State party to include in its next report information on the measures taken in this regard.
Adopted by the committee: 27 November 2014
The National Preventive Mechanism (NPM):
The Committee is concerned that the NPM’s mandate does not provide for visits to all places of deprivation of liberty, such as orphanages, medical social institutions for children with certain disabilities, special boarding schools.The mandate of the National Preventive Mechanism (NPM) should be broadened to include monitoring of all places of deprivation of liberty such as, orphanages, medical social institutions for children with certain disabilities, special boarding schools, and to examine the conditions and treatment of children in penitentiary and non-penitentiary institutions (para.13).
Last reported: 6 / 7 November 2008
Concluding Observations issued: 12 December 2008
Issues raised and recommendations given:
Juvenile justice: The Committee notes with concern reports that law enforcement bodies sometimes use illegal investigation methods during interrogations of minors, such as threats, blackmailing and sometimes even physical abuse. Such interrogations are allegedly often conducted in the absence of the parents or teacher of the minor, although their presence is required by law. The Committee is further concerned at reports that juveniles may be held in pre-trial detention for prolonged periods and that they are often not granted the right to receive relatives during that period (arts. 2 and 11). (Paragraph 12).
The State party should increase its efforts to bring legislation and practice as regards the arrest, detention and interrogation of juvenile offenders fully in line with internationally adopted principles. The State party should, inter alia, ensure training of law enforcement personnel to raise their professional qualification in working with juveniles, ensure that deprivation of liberty, including pre-trial detention, is the exception and is used for the shortest time possible and develop and implement alternatives to deprivation of liberty.
Not yet signed or ratified.
Signed in 2008, but not yet ratified.
Concluding observations published: 26 May 2016
Last reported: 7 July 2014
Statute of limitations: The Committee notes with interest that domestic law establishes that certain offences, such as torture, are not subject to a statute of limitations. However, it notes that article 71 of the Criminal Code stipulates that the term of limitation is counted from the day of the commission of the criminal act, not from the end of it, and expresses its concern that domestic law does not seem to contemplate any exceptions for offences of a continuous nature that could be applied in a case of enforced disappearance. The Committee, emphasizing the continuous nature of enforced disappearance, recommends that the State party take the measures necessary to ensure that, in line with article 8 (1) (b) of the Convention, the term of limitations for criminal proceedings in respect of enforced disappearance, or other continuous offences applied instead of it where enforced disappearance is not specifically criminalized, commences from the moment when the enforced disappearance ceases (inter alia, from the moment when the disappeared person is found alive, in the event of death, when his or her remains are found and identified, or when the identity of a child subjected to wrongful removal is restored). The Committee invites the State party, when criminalizing enforced disappearance as an autonomous offence, to provide that the offence is not subject to any statute of limitations (paras 13, 14).
Legislation concerning the wrongful removal of children: While taking note of the information provided by the State party concerning existing legislative mechanisms to protect the rights of children, the Committee notes with concern that there are no provisions in the legislation in force that specifically criminalize the actions relating to the wrongful removal of children referred to in article 25 (1) of the Convention. The Committee recommends that the State party adopt the legislative measures necessary to make the actions referred to in article 25 (1) of the Convention specific offences and that it establish appropriate penalties for such actions that take into account their extreme seriousness (paras 31, 32).
Effect of enforced disappearances on children: The Committee also wishes to emphasize the particularly cruel effect of enforced disappearances on the human rights of women and children. Women who are subjected to enforced disappearance are particularly vulnerable to sexual and other forms of gender-based violence. Women who are relatives of a disappeared person are particularly likely to suffer serious social and economic disadvantages and to be subjected to violence, persecution and reprisals as a result of their efforts to locate their loved ones. Children who are victims of enforced disappearance, either because they themselves were subjected to disappearance or because they suffer the consequences of the disappearance of their relatives, are especially vulnerable to numerous human rights violations, including identity substitution. In this context, the Committee places special emphasis on the need for the State party to ensure that gender perspectives and child-sensitive approaches are used in implementing the rights and obligations set out in the Convention (para 34).