LGBT rights in Kazakhstan

LGBTQ rights in Kazakhstan
StatusYes,
  • homosexuality decriminalised nationwide since late 1997 de facto, since 1998 de jure
  • age of consent is equalised and full legalisation since late 1997
[1]
Gender identityYes, transgender people allowed to change legal gender following surgery, medical examinations, hormone therapy and sterilisation since 2003
MilitaryYes, gays, lesbians and bisexuals allowed to serve in the military since 2022[2]
Discrimination protectionsNo law prohibiting discrimination based on sexual orientation (see below)
Family rights
Recognition of relationshipsNo recognition of same-sex couples
RestrictionsCode on Marriage and Family explicitly bans persons of the same sex from marrying each other.
AdoptionAdoption by single LGBT people is banned since 2024[3][4]

Lesbian, gay, bisexual, and transgender (LGBT) people in Kazakhstan face legal challenges not experienced by non-LGBTQ residents. Both male and female kinds of same-sex sexual activity are 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]

Since the Dissolution of the Soviet Union, Kazakhstan decriminalised both male and female same-sex sexual activity in late 1997 de facto (since 1998 de jure) and the age of consent was equalised to that of heterosexual activity in late 1997 de facto (since 1998 de jure). Transgender people have been allowed to legally change their gender since 2003. LGBT people are also allowed to serve in the military since 2022.[2] LGBTQ rights in Kazakhstan remain severely limited and homosexuality remains highly stigmatised in Kazakhstani society, with no LGBTQ NGOs, strong overtones of official intolerance and no equal rights on the basis of sexual orientation in areas such as employment, education, media, and the provision of goods and services, amongst others.[5]

The influence of Islam and socially conservative attitudes against gay and lesbian men and women remain firmly entrenched throughout the country. Many people in Kazakhstan believe that homosexuality is a behavioural disorder, and many LGBT persons in Kazakhstan tend to hide their sexual orientation in public. Those who are "out" face harassment, violence and physical abuse.

  1. ^ a b "State-sponsored Homophobia: A world survey of laws prohibiting same sex activity between consenting adults" (PDF). Archived from the original (PDF) on 17 July 2013.
  2. ^ a b "В Минобороны ответили на вопрос о сексуальных меньшинствах в армии". Tengrinews. 25 February 2022. Retrieved 5 May 2022.
  3. ^ "Қазақстан Республикасының кейбір заңнамалық актілеріне білім беру, тәлімгерлік және балалардың қауіпсіздігі мәселелері бойынша өзгерістер мен толықтырулар енгізу туралы" (in Kazakh). Senate of Kazakhstan. 23 February 2024. Retrieved 7 May 2024.
  4. ^ "О внесении изменений и дополнений в некоторые законодательные акты Республики Казахстан по вопросам образования, наставничества и безопасности детей" (in Russian). Senate of Kazakhstan. 23 February 2024. Retrieved 7 May 2024.
  5. ^ "Kazakhstan's first LGBTQ magazine is committed to creating a community against the odds".