LGBT rights in Kazakhstan

LGBT rights in Kazakhstan
Same-sex sexual activity legal? Legal since 1998[1]
Military service No[2]
Discrimination protections No
Family rights
Recognition of

Lesbian, gay, bisexual, and transgender (LGBT) persons in Kazakhstan face legal challenges and discrimination not experienced by non-LGBT residents. Both male and female same-sex sexual activity is legal in Kazakhstan, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.[1]

In 2009, Kazakhstan co-sponsored the opposing statement to the United Nations Declaration on Sexual Orientation and Gender Identity.

Law regarding same-sex sexual activity

Both male and female same-sex sexual activity is legal in Kazakhstan since 1998.[1] The age of consent is 16.[3]

Prior to 1997, Article 104 Penal Code of Kazakhstan used to criminalize "buggery". This legislation followed the corresponding Section 121 from the former Soviet Union, which only specifically criminalized anal intercourse between men.[4]

Summary conditions

LGBT people in Kazakhstan face discrimination and prejudice on the grounds of their sexual orientation or gender identity during the course of their everyday lives. Manifestation of negative attitudes toward LGBT people, such as social exclusion, taunting, and violence often cause the victims physical, psychological and emotional harm. In order to avoid the dangers posed by people who do not approve of alternative lifestyles, many LGBT people feel compelled to keep their sexual orientation or gender identity a secret from almost all people in their lives. The majority regard it as necessary to conceal their sexual orientation or gender identity from people in the workplace in order to retain their jobs and avoid hostility from bosses and co-workers. Attempts to report homophobic and transphobic violence to police are often met with resistance and even hostility on the part of law enforcement officers.[5]

A 2011 cross-national study by University of Chicago has demonstrated that a trend of LGBT acceptance is either slowed or reversed in Russia or other former USSR republics, a direct opposite of world trends.[6]

Living conditions

Same-sex sexual activity legal Yes (Since 1998)
Equal age of consent Yes (Since 1998)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No
Same-sex marriages No
Recognition of same-sex couples No
Step-child adoption by same-sex couples No
Joint adoption by same-sex couples No
Gays and lesbians allowed to serve openly in the military No
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No

See also


  1. ^ a b c "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults". 
  2. ^ "Kazakhstan Says No to Gays in Military". Eurasianet. 13 June 2012. Retrieved 1 July 2012. 
  3. ^ National Laws Legislation of Interpol – member states on sexual offences against children – Kazakhstan
  5. ^ Unacknowledged and Unprotected: Lesbian, Gay, Bisexual and Transgender People in Kazakhstan by Soros Foundation
  6. ^ Cross-national Differences in Attitudes towards Homosexuality by NORC/University of Chicago
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