Bayqongyr is governed by federal Kazakhstan law. Learn more
    Homosexuality
    ✔ Legal
    Gay Marriage
    ✖ Unrecognized
    Censorship
    ✖ State-enforced
    Changing Gender
    ✖ Legal, but requires surgery
    Gender-Affirming Care
    ✔ Legal
    Non-Binary Gender Recognition
    ✖ Not legally recognized
    Discrimination
    ✔ Illegal
    Employment Discrimination
    ✔ Sexual orientation and gender identity
    Housing Discrimination
    ✔ Sexual orientation and gender identity
    Adoption
    ✖ Illegal
    Intersex Infant Surgery
    ✖ Parental approval required
    Military
    ✔ Legal
    Donating Blood
    ✔ Legal
    Conversion Therapy
    ✖ Not banned
    Age of Consent
    ✔ Equal
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Public Opinion

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History

Homosexual activity in Bayqongyr

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Homosexual activity in Bayqongyr is legal.

Current status
Since 1998
Legal
De facto legal since late 1997 (equalized age of consent), de jure since 1998
Added by vviet93  ·  Report error  ·  Log
Mar 7, 1934–Jan 1, 1998
Male illegal, female legal
An article under which sodomy was punishable by imprisonment from 5 to 8 years appeared in the Soviet Criminal Code on March 7, 1934 - number 154-a: “Sexual intercourse between a man and a man (sodomy) - imprisonment for a term of three to five years. Sodomy committed with the use of violence or taking advantage of the dependent position of the victim - imprisonment for a term of five to eight years."

Same-sex marriage in Bayqongyr

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Same-sex marriage in Bayqongyr is unrecognized.

Current status
Since Dec 16, 1991
Unrecognized
Though not banned constitutionally, neither same-sex marriage nor civil unions are legal. Source listed is the Family Code
Added by vviet93  ·  Report error  ·  Log

Censorship of LGBT issues in Bayqongyr

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Censorship of LGBT issues in Bayqongyr is state-enforced.

Current status
Since Jul 14, 2022
State-enforced
Kazakhstan's Culture and Information Ministry announced the blocking of the Selftanu.kz website, which centers on LGBT relations. The ministry cited safeguarding children's rights and respecting Kazakhstan's societal norms and traditions as reasons for the action.
Also, in 2022 the government of Kazakhstan banned the Animated "Buzz Lightyear" movie due to a scene where two female characters shared a kiss
Dec 16, 1991–Jul 14, 2022
No censorship
There used to be no laws restricting the discussion or promotion of the LGBTQ+ related topics. The earliest case of censorship known in this country was when the government announced a n animated movie ban in 2022 due to a one-second scene showing a same-sex kiss
Added by acegro  ·  Report error  ·  Log

Right to change legal gender in Bayqongyr

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Right to change legal gender in Bayqongyr is legal, but requires surgery.

Current status
Since 2011
Legal, but requires surgery
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.
Sources:
tbinternet.ohchr.org › ...PDF
Web results
Violations by Kazakhstan of the Right of Transgender Persons to Legal ...
Added by Muhammadaji2022  ·  Report error  ·  Log
Legal, but requires medical diagnosis
Since 2003, Transgender individuals have been allowed to change legal gender 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.
Sources:
tbinternet.ohchr.org › ...PDF
Web results
Violations by Kazakhstan of the Right of Transgender Persons to Legal ...
Added by cihalcoc  ·  Report error  ·  Log
Apr 5, 19722003
Legal, but requires surgery
Under Soviet law, after the fall of the Soviet Union, the regulations were not changed.
Added by JuliaB  ·  Report error  ·  Log
Until Apr 5, 1972
Illegal
Legal gender change is impossible
Added by JuliaB  ·  Report error  ·  Log

Gender-affirming care in Bayqongyr

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Gender-affirming care in Bayqongyr is legal.

Current status
Since 2004
Legal
In 2004, Kazakhstan adopted the ICD-10 classification, which contains codes for diagnosing transsexualism in adulthood and childhood, which authorize the initiation of medical transition.
Added by JuliaB  ·  Report error  ·  Log
Legal, but restricted for minors
In 1983, transsexualism began to be professionally diagnosed in the Soviet Union, which allowed the prescription of hormone therapy.
Added by JuliaB  ·  Report error  ·  Log
Restricted
In 1926, the Soviet Union's Ministry of Internal Affairs legalized sex reassignment surgery
Added by JuliaB  ·  Report error  ·  Log

Legal recognition of non-binary gender in Bayqongyr

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Legal recognition of non-binary gender in Bayqongyr is not legally recognized.

Current status
Not legally recognized
There is no legal recognition of non-binary gender.
Added by JohnQuebec98  ·  Report error  ·  Log

LGBT discrimination in Bayqongyr

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LGBT discrimination in Bayqongyr is illegal.

Current status
Since Aug 30, 1995
Illegal
According to the Constitution, any kind of discrimination is illegal as long as a person is considered a competent citizen. (Article 14 of the Constitution). And a non-cishet person may not be considered one, since neither sexual orientation nor gender identity is considered a mental illness by the Ministry of the Republic of Kazakhstan
As an example, in 2019 the Supreme Court of Kazakhstan ordered a compensation for illegally uploading a photo of two women kissing on Facebook without their consent
Also in 2019, the government of Kazakhstan adopted a recommendation to ensure the freedom of human rights advocacy for the LGBTI groups
Date shown is the date the Constitution of Kazakhstan was accepted. Article 14 has been included ever since
Dec 25, 1991–Aug 30, 1995
Ambiguous
No laws about discrimination
Added by vviet93  ·  Report error  ·  Log
Until Dec 25, 1991
No protections
No protections under the Soviet law
Added by Ausyk  ·  Report error  ·  Log

LGBT employment discrimination in Bayqongyr

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LGBT employment discrimination in Bayqongyr is sexual orientation and gender identity.

Current status
Since Nov 23, 2015
Sexual orientation and gender identity
According to the Constitution, any kind of discrimination is illegal, even though neither sexuality nor gender identity is included explicitly.
The official list of mental illnesses of the Republic of Kazakhstan does not include either sexuality or gender identity. And therefore, since a person does not have any reason to be considered incompetent, they have the right to be employed (Article 24 of the Constitution)
The Health Code of Kazakhstan does not recognize any sexual orientation to be a mental disorder either, while the Labor Code bans any discrimination (Article 5) when it comes to employment, retirement, wage distribution, etc. Transgender people are guaranteed the same rights under the Health Code. While a person's gender is included explicitly, sexuality isn't, however it falls under the "other circumstances" category, as a person is competent to be employed

LGBT housing discrimination in Bayqongyr

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LGBT housing discrimination in Bayqongyr is sexual orientation and gender identity.

Current status
Sexual orientation and gender identity
According to the Constitution of the Republic of Kazakhstan, the people's right to housing shall not be violable (Article 25 of the Constitution). And even though neither sexual orientation nor gender identity is included into the protected categories of people from discrimination explicitly, as neither of them is viewed as a mental illness in Kazakhstan (no reference to SOGI as a mental illness in the official list of mental illness nor in the Health Code), a non-cishet person may not be considered incompetent, and therefore, their rights to housing may not be discriminated against

Same-sex adoption in Bayqongyr

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Same-sex adoption in Bayqongyr is illegal.

Current status
Since Feb 23, 2024
Illegal
In Kazakhstan, anyone who adheres to "non-traditional" sexual orientation are banned. Although adoption is legal for single and married trans people, this section is named "same-sex adoption" and therefore the status is illegal.

Intersex infant surgery in Bayqongyr

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Intersex infant surgery in Bayqongyr is parental approval required.

Current status
Since Feb 20, 2022
Parental approval required
Following the case, a parent may now choose the official sex of an intersex child, however an intersex child may change their gender later. Also, it's now illegal to perform an intersex surgery unless a parent consents
Added by acegro  ·  Report error  ·  Log
Jul 7, 2020–Feb 19, 2022
Not banned
Not prohibited according to the Health Code of the Republic of Kazakhstan
Added by acegro  ·  Report error  ·  Log

Serving openly in military in Bayqongyr

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Serving openly in military in Bayqongyr is legal.

Current status
Since Feb 25, 2022
Legal
The ministry of Defense of the Republic of Kazakhstan in 2022, said in an interview that no one is banned from serving in the military because of their sexual orientation. Quote "According to our Constitution, no one can be discriminated against for any reason." indicates that discrimination based on any reason in Kazakhstan is illegal according to the constitution, the same applies to military service. Since transgenderism is not classified as a mental illness in this country, trans people have legal rights to serve in the military, just like any other citizen.

Blood donations by MSMs in Bayqongyr

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Blood donations by MSMs in Bayqongyr is legal.

Current status
Since Jul 16, 1997
Legal
No restrictions.

Conversion therapy in Bayqongyr

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Conversion therapy in Bayqongyr is not banned.

Current status
Since Aug 25, 1991
Not banned
No laws are in place against conversion therapy.
Added by Ausyk  ·  Report error  ·  Log

Equal age of consent in Bayqongyr

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Equal age of consent in Bayqongyr is equal.

Current status
Since Jul 16, 1997
Equal
The law sets the age of consent as 16 for all sexual activities ("sodomy and "lesbianism" included explicitly.)
Added by vviet93  ·  Report error  ·  Log