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LGBT rights in Kazakhstan

LGBT rights in Kazakhstan Kazakhstan
Kazakhstan (orthographic projection).svg
Same-sex sexual activity legal? Legal since 1998
Gender identity/expression Transgender people allowed to change gender following surgery, medical examinations, hormone therapy and sterilization
Military service No
Discrimination protections No
Family rights
Recognition of
relationships
No

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.

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

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

Prior to 1997, Article 104 of the 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.

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.

LGBT people are banned from serving in the military.

On 26 May 2015, the Constitutional Council of Kazakhstan declared a pending bill, which would ban 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.Human Rights Watch said: "By rejecting this propaganda bill, Kazakhstan’s Constitutional Council set an important precedent against the adoption of discriminatory legislation."


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