Bayqongyr is governed by federal Kazakhstan law. Learn more
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✖ Banned
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ No protections
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✖ Illegal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (1-year deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
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Homosexual activity in Bayqongyr is legal.
Current status
Since 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 is banned.
Current status
Since 2011
Banned
The Marriage and Family Code defines marriage as a union with equal rights between a man and a woman. It also states "The factual cohabitation of a man and a woman, as well as persons of the same sex shall not be recognized as the marriage (matrimony)."
Article 11(1) states marriage shall not be allowed between persons of the same sex.
Article 11(1) states marriage shall not be allowed between persons of the same sex.
Censorship of LGBT issues in Bayqongyr is state-enforced.
Current status
Since Jul 14, 2022
State-enforced
In July 2022, Kazakhstan banned the Disney/Pixar animated film 'Lightyear' after the country's Culture and Sports Minister responded to complaints from local conservative and religious groups regarding the film's inclusion of a same-sex kiss.
In January 2024, an LGBTQ-education website for teenagers, SelfTanu.kz, was blocked by Kazakhstan's Culture and Information Ministry, which citied safeguarding children's rights and respecting Kazakhstan's societal norms and traditions as reasons for the ban.
In January 2024, an LGBTQ-education website for teenagers, SelfTanu.kz, was blocked by Kazakhstan's Culture and Information Ministry, which citied safeguarding children's rights and respecting Kazakhstan's societal norms and traditions as reasons for the ban.
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.
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.
Legal, but requires surgery
Under Soviet law, after the fall of the Soviet Union, the regulations were not changed.
Until Apr 5, 1972
Illegal
Legal gender change is impossible
Gender-affirming care in Bayqongyr is legal, but banned for minors.
Current status
Since Jul 2020
Legal, but banned for minors
Article 156 (Sex change) of the Code on Public Health and Healthcare System, states:
1. Persons with gender identity disorders who have reached the age of twenty-one, are capable, except for persons with mental, behavioral disorders (diseases), have the right to change their sex.
2. The procedure for medical examination and sex reassignment for persons with gender identity disorders is determined by the authorized body.
1. Persons with gender identity disorders who have reached the age of twenty-one, are capable, except for persons with mental, behavioral disorders (diseases), have the right to change their sex.
2. The procedure for medical examination and sex reassignment for persons with gender identity disorders is determined by the authorized body.
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.
LGBT discrimination in Bayqongyr is no protections.
Current status
No protections
There are no explicit legal protections based on sexual orientation or gender identity.
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.
In 2019, at The Universal Periodic Review (UPR), the government of Kazakhstan accepted a recommendation from Chile to ensure the freedom of human rights advocacy for the LGBTI groups.
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.
In 2019, at The Universal Periodic Review (UPR), the government of Kazakhstan accepted a recommendation from Chile to ensure the freedom of human rights advocacy for the LGBTI groups.
LGBT employment discrimination in Bayqongyr is no protections.
Current status
No protections
There is no explicit legal protection against discrimination based on sexual orientation or gender identity in employment.
LGBT housing discrimination in Bayqongyr is no protections.
Current status
No protections
There is no legal protection against discrimination based on sexual orientation or gender identity in housing.
Same-sex adoption in Bayqongyr is illegal.
Current status
Illegal
Article 91.2(8) of the Marriage and Family Code states that adoptive parents may be the persons of majority age with the exception of persons maintaining the different sexual orientation.
Intersex infant surgery in Bayqongyr is not banned.
Current status
Not banned
Currently, there are no bans on intersex infant surgery in Kazakhstan.
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 is banned (1-year deferral).
Current status
Since Aug 2022
Banned (1-year deferral) under federal Kazakhstan law
"The rules for the donor to donate blood and its components of a mandatory medical examination within the framework of a guaranteed amount of free medical care" approved by order of the Minister of Healthcare of the Republic of Kazakhstan No. RK HМ-102/2020, was amended in 2022 and includes in its "List of questions to identify additional information that limits or prevents admission to donation", the following:
11. Have you had promiscuous sexual relations with heterosexual or homosexual partners in the last 12 months.
12. Have you had an irregular relationship with a homosexual partner(s) in the last 12 months.
13. Have you had a regular relationship with a regular homosexual partner over the past 12 months.
11. Have you had promiscuous sexual relations with heterosexual or homosexual partners in the last 12 months.
12. Have you had an irregular relationship with a homosexual partner(s) in the last 12 months.
13. Have you had a regular relationship with a regular homosexual partner over the past 12 months.
Conversion therapy in Bayqongyr is not banned.
Current status
Not banned
No laws are in place against conversion therapy.
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.)
Legal Rights
39 / 100
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