LGBT rights in Kazakhstan

Both male and female same-sex sexual activity have been legal in Kazakhstan since 1998.[1] The age of consent is 16.[2]

Prior to 1997, Article 104 of the Penal Code of Kazakhstan used to criminalise "buggery". This legislation followed the corresponding Section 121 from the former Soviet Union, which only specifically criminalised anal intercourse between men.[3]

Since 2003, transgender individuals have been allowed to change their legal gender on their official identity documents in Kazakhstan. People who wanted to change their gender had to receive a diagnosis of "gender identity disorder" involving several medical tests and a 30-day psychiatric evaluation. In 2011, new guidelines were established and allowed change to identity documents only after sex reassignment surgery, physical and psychiatric medical examinations, hormone therapy and sterilization. Additionally, people under 21 are not allowed to change their gender on their official identity documents.[4][5]

LGBT people are banned from serving in the military.[6]

On 26 May 2015, the Constitutional Council of Kazakhstan declared a pending bill, which would have banned the "propaganda of nontraditional sexual orientation", unconstitutional. The council rejected it because of its vague wording. The bill passed the Senate, Parliament's upper house, in February 2015 and was sent to President Nursultan Nazarbayev for signature. It had already been approved by the lower house.[7] Human Rights Watch said: "By rejecting this propaganda bill, Kazakhstan’s Constitutional Council set an important precedent against the adoption of discriminatory legislation."

In September 2019, the Supreme Court ruled in a landmark case that two women would receive compensation from a Facebook user who posted a video showing them kissing without their permission. The video solicited a large number of homophobic and murderous comments, and was viewed 60,000 times in a day before being taken down by the user. Human Rights Watch hailed the ruling as a milestone for privacy rights.[8]

In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how do they experience the way they are treated by other people and how satisfied are they with their lives. Kazakhstan was ranked 118th, just above Ghana and below Burkina Faso, with a GHI score of 29.[9]

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 non-heterosexual sexual orientations, 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.[10]

A 2011 cross-national study by University of Chicago demonstrated that a trend of LGBT acceptance is either slowed or reversed in Russia and some other former USSR republics, a direct opposite of world trends.[11]

• Human rights in Kazakhstan
• LGBT rights in Europe
• LGBT rights in Asia

• "Kok.team"., LGBT online media publication
• "OMOO AS AKTIV, LGBT organization from Oskemen". Facebook. LGBT organization from Oskemen
• "The study of the level of tolerance towards the LGBT community of Kazakhstan 2016".