Kazakhstan’s President Kasym-Jomart Tokayev marked a new law on April 15, 2024, pointing at supporting securities for women and children, especially survivors of residential viciousness. Whereas this speaks to a critical step forward in tending to gender-based viciousness within the nation, concerns have been raised with respect to the law’s adequacy and comprehensiveness.
Overview of Kazakhstan’s new law
The recently sanctioned law, commonly alluded to as Kazakhstan‘s “domestic violence” law, presents revisions to different lawful systems, counting the Criminal Code, the Law on the Prevention of Domestic Violence and the Law on Marriage and Family. The essential objective of the law is to reinforce assurances for women and children, especially survivors of domestic violence by presenting measures to anticipate and address such viciousness inside the family settings.
Deficiencies and Concerns
In spite of the praiseworthy objective of upgrading securities for survivors of residential viciousness, a few concerns have been raised with respect to the new law. Chief among these concerns is the disappointment to unequivocally criminalize domestic violence as a standalone offense. Whereas the law presents alterations to existing lawful systems, it does not give a partitioned definition or criminalization of domestic violence inside family or family relations. This oversight undermines endeavors to address domestic violence with the reality required by international human rights norms.
In spite of its inadequacies, the new law presents a few outstanding advancements in tending to domestic violence in Kazakhstan. One such advancement is the task of the obligation to gather proof in these kinds of cases to the police, moving this duty absent from the survivor. Furthermore, the law orders that police must enlist and explore all cases of domestic violence, indeed in the non-appearance of a survivor’s complaint. Besides, the law removes the alternative of looking for compromise between parties in cases of rehashed battery and light bodily harm, emphasizing the reality of such offenses.
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Proposals for Future Activity
In light of the deficiencies recognized in Kazakhstan’s new law on domestic violence, a few proposals have been put forward for future activity. To begin with, the organization calls for the criminalization of domestic violence as a standalone offense inside the Criminal Code or Kazakhstan’s 2019 Law on the Prevention of Domestic Violence. This would adjust with universal human rights benchmarks and guarantee that domestic violence is treated as a genuine crime against people and society. Also, building up an observing component to ensure proper usage of the law and confirming the Council of Europe’s Istanbul Convention on anticipating domestic violence is also prescribed. In addition, the government of Kazakhstan and its worldwide accomplices ought to prioritize raising open mindfulness around the law and ensuring survivors’ access to equity, administrations, and support, particularly in rustic ranges.
Kazakhstan’s new law on domestic violence speaks to a step forward in tending to gender-based violence in the country, but critical inadequacies stay. By tending to these inadequacies and actualizing the proposals put forward, Kazakhstan can guarantee that survivors of domestic violence get the security and support they direly require. It is basic that the government and its worldwide accomplices work together to prioritize the compelling execution of the law and maintain the rights and respect of all people influenced by domestic violence.
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