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Concluding Observations, CCPR/C/KAZ/CO/2, 11 July 2016: Kazakhstan

C. Principal matters of concern and recommendations

Equality and non-discrimination

9. The Committee is concerned that the existing anti-discrimination legal framework does not properly define discrimination or provide for effective remedies to victims of discrimination. It is further concerned about reports of discrimination and violence against persons based on their sexual orientation and gender identity, about the insufficient protection afforded to lesbian, gay, bisexual and transgender persons under the existing legal framework, and about the stringent conditions for gender reassignment surgery and sex change (arts. 2 and 26).

10. The State party should ensure that its anti-discrimination legal framework: (a)explicitly lists sexual orientation and gender identity among the prohibited grounds for discrimination; (b) provides adequate and effective protection against all forms of discrimination, including in the private sphere; (c) prohibits direct, indirect and multiple discrimination, in line with the Covenant and other international human rights standards; and (d) provides for access to effective and appropriate remedies to victims of discrimination. The State party should also ensure that no form of discrimination or violence against persons based on their sexual orientation or gender identity is tolerated and that such cases are properly investigated and sanctioned. It should review the procedures for gender-reassignment surgery and sex change with a view to ensuring their compatibility with the Covenant.

Link to full text of the report: Concluding Observations-CCPR-Kazakhstan-2016-eng