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ALTERNATIVE REPORT
OF NON-GOVERNMENTAL ORGANIZATIONS WITH THE COMMENTS TO THE SECOND AND THIRD
REPORTS OF THE government OF THE REPUBLIC OF KAZAKHSTAN
IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD AS WELL AS
RECOMMENDATIONS OF THE UN COMMITTEE ON THE RIGHTS OF THE CHILD Almaty, 2006
CONTENTS Foreword
4 I. Implementation of the Recommendations of the UN Committee on Rights of
the Child adopted at the 33-d Session on June 6, 2003
5
A. Analysis of the implementation of the Committee Recommendations by
the Republic of Kazakhstan
5 II. Comments to the National Report
7
A. Background information related to the Republic of Kazakhstan
9
B. General implementation measures
9 C. GENERAL PRINCIPLES 10
Non-discrimination (Article2)
10
Ensuring the best interests of the child (Article 3)
10
The right to life, survival and development (Article 6)
10
Respect the rights of the child to his or her own views
11
D. Civil Rights and Freedoms
12
The right to name, nationality and citizenship (Article 7)
12
Freedom of Association (Article 15)
12
Protection of the right to privacy (Article 16)
12
Access to adequate information (Article 17)
13
The right not to be subjected to torture or other cruel,
inhuman or degrading treatment or punishment (sub-paragraph ?) Article 37)
13 E. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 15
Separation from parents (Article 9)
15
Illicit transfer and non-return of children from abroad (Article 11)
16
Children deprived of family environment (Article 20)
16
Adoption (Article 21)
21
Protection from abuse and neglect (Article 19), and also physical,
psychological recovery and social reintegration (Article 39)
23
F. Primary health care and well-being
23
Disabled children (Article 23)
23
Health care and health care services (Article 24)
25
G. Education, rest and cultural life
25
Education, including vocational training and orientation (Article 28)
25
Rest, recreation and cultural activity (Article 31)
26 H. Special Protection Measures
27
Children - refugees (Article 22)
27
I. Children within jurisdiction system related to juvenile delinquency
29
Juvenile delinquency related jurisdiction (Article 40)
29
Children deprived of liberty, including any form of arrest,
detention, imprisonment or Placement into correctional facility
(Subparagraphs b) - d) Article 37)
30
Prevention of torture, violence or other cruel, inhuman
or degrading treatment or punishment and also prohibition of capital
punishment or life imprisonment (Sub-Paragraph ?) Article 37)
33
Economic exploitation of children, including child labor (Article 32)
34
Sexual exploitation and sexual seduction (Article 34)
38 III. Recommendation of Kazakhstan Non-Governmental Organizations
40
?. In the field of legislation reforming
40
B. In the area of institutional reform
41
?. In the area of reforming practice, approaches and procedures
41
?.1. General measures on the implementation
41
?.1.2. Ensuring child's best interest
41 ?. 1.3. Respect of a child's opinion
42 ?.2. Civil rights and freedoms
?.2.1. Protection of the right to privacy
42
?.3. Family environment and alternative care
42
?.3.1. Children deprived of family environment
42
?.3.2. Adoption
42
?.3.3. Protection from child abuse and neglect and also physical
and psychic rehabilitation and social reintegration
43
?.4. Primary health care and well-being
43
?.4.1. Children with disabilities
43
?.4.2. Education, recreation and cultural activities
43
?.5. Special protection measures
43
?.5.1. Children-refugees
43
?.5.2 Children within the system of juvenile justice
44
?.5.3. Children deprived of liberty, including any form of detention,
imprisonment or institutionalization
44
?.5.4. Economic exploitation of children including child labor
45
?.5.5. Sexual exploitation and sexual coercion
45 FOREWORD
The given Report has been developed as an alternative one to the second and
the third National Report as to the implementation of the Convention on the
Rights of the Child, ratified by the Republic of Kazakhstan in 1994 and
Recommendations of the UN Committee on the Rights of the Child to
Kazakhstan made in June 2003. The given Report includes complementary
information and comments to the Governmental Report.
Annexes to the Alternative Report incorporate additional materials,
provided by some non-governmental organizations. Preparation of the Alternative Report has been implemented by the Working
Group set up by non-governmental organizations of Kazakhstan, working in
the area of protection and implementation of children's rights and legal
interests. Data provided by the state statistic bodies, informational-
analytical materials of governmental and non-governmental organizations
have been used when preparing this Report. The Kazakhstan NGOs' Working Group "On Protection of Children's Rights" was
set up in January 2002 and as of now has been engaging in regular
monitoring of implementation of children's rights and the Recommendations
of the UN Committee on the Rights of the Child to Kazakhstan made in June
2003. Participating in the development of the Alternative Report were the
following organizations:
Children's Fund of Kazakhstan
Kazakhstan International Bureau for Human Rights and Rule of Law
Feminist League, Almaty
League of Women of Creative Initiative
Crisis Center " Podrugee" (Female friends)
Centre of Social Adaptation and Professional and Labour Rehabilitation of
Children and teenagers with Learning and Physical disabilities (Centre
SATR)
The Peacekeeping Public Association Analytical information and other materials for the Report have been
provided by the following organizations, which have also participated in
their discussion:
Association of Parents "Protection of Children's Rights "
«Childhood without Boarders»
Crisis Center «Zabota» (Care)
Feministic League, Kokshetau International Institute for Modern Policy
«Kenes»
Republican Children's Library named after M.Begalin
Union of Crisis Centers It is assumed that the given Report will be published in media and possibly
as a separate publication together with the National Report of the
Government of the Republic of Kazakhstan. I. Implementation of the Recommendations of the UN Committee on Rights of
the Child adopted at the 33-d Session on June 6, 2003 Recommendations of the Committee have not been made public by the
Government and have been implemented on a time-to-time basis. The Republic of Kazakhstan does not implement similar UN Committee
recommendations on the elimination of all forms of discrimination against
women. A detailed analysis of the way the Republic of Kazakhstan implements the
recommendations of the UN Committee on the Rights of the Child and also
Comments to the Second-third Periodic National Report of the Convention on
the Rights of the Child is given below. A. Analysis of the implementation of the Committee Recommendations by the
Republic of Kazakhstan P.7.
Situation that caused the concern of the Committee has not changed. The
Convention on the Rights of the Child as well as other international
treaties related to human rights, and ratified by the Republic of
Kazakhstan are not applied in legal practice. The Constitution of the Republic of Kazakhstan and the legislation in force
in the area of the rights of the chi