Country profile KAZ
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2015-11-23 | C182 | Labour Code of the Republic of Kazakhstan - Article 26. 1. 2) | [{"link_name":"Labour Code of the Republic of Kazakhstan","source_link":"https://kasipodaq.kz/labour-code-of-the-republic-of-kazakhstan/"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 26.1.2) of the Code prohibits children under the age of 18 from entering into an employment contract for work that could harm their health or moral development, including activities related to the transportation and trade of drugs, psychotropic substances, and their precursors. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1997-07-16 | C182 | Criminal Code of the Republic of Kazakhstan - Article 273-1 and Article 132-1 | [{"link_name":"Criminal Code of the Republic of Kazakhstan","source_link":"https://adilet.zan.kz/eng/docs/K970000167_"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 273-1 of the Code prohibits the manufacturing and distribution of materials or objects with pornographic images of minors or their attraction to participate in entertainment pornographic events, while Article 132-1 punishes anyone inducing a minor to engage in prostitution. According to the Law on the Rights of Children, enacted on August 8, 2002, a child is defined as any person under the age of 18, which is recognized as the age of majority thus prohibiting the trafficking of individuals below this age. |
| List of hazardous activities prohibited for children | 2007-07-31 | C138 & C182 | Ordinance No. 185 of 31 July 2007 of the Minister of Labour and Social Protection of the Population of the Republic of Kazakhstan to approve the list of works prohibited for use of the labour of persons under the age of 18; the maximum norms for the move and displacement of heavy items for persons under the age of 18 | [{"link_name":"Ordinance No. 185 of 31 July 2007","source_link":"https://adilet.zan.kz/kaz/docs/V1500012597"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Ordinance provides for the list of hazardous works that are prohibited to children below the age of 18 years; it includes the industries and types of work prohibited, the general occupations and types of work prohibited as well as the standard limits for the carrying or moving of heavy loads. |
| Minimum age for hazardous work | 2007-05-15 | C138 & C182 | Labour Code - Article 179 | [{"link_name":"Labour Code","source_link":"https://www.refworld.org/legal/legislation/natlegbod/2007/en/104362"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 179 of the Law prohibits the employment of children below the age of 18 in hazardous work. |
| Minimum age for admission to apprenticeship | 2008 | C138 | Decree of the President No. 626 of 2008 on the state programme for the development of technical and vocational training | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:3149629,103542"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | In an Direct Request published in 2014, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) notes that, pursuant to Decree of the President No. 626 of 2008 on the state programme for the development of technical and vocational training, the minimum age for admission to the vocational education system is 15 years. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2007-07-27 ; 1995 | C138 | Constitution of the Republic of Kazakhstan - Article 30.1 ; Law of the Republic of Kazakhstan No. 319-III. of 27 July 2007 on Education - Article 31. 1. | [{"link_name":"-Law of the Republic of Kazakhstan No. 319-III. of 27 July 2007 on Education","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/114363/KAZ-114363.pdf"},{"link_name":"-Constitution of the Republic of Kazakhstan","source_link":"https://www.akorda.kz/en/constitution-of-the-republic-of-kazakhstan-50912"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | While Article 30. 1. of the Constitution of the Republic of Kazakhstan stipulates that secondary education shall be compulsory, Article 31. 1. of the Law on Education states that "the duration of obtaining primary and basic secondary education in accordance with educational programs must be at least ten years". Given that, the article provides that children should be admitted to study in the 1st grade (primary school) from the age of 6, it brings the age of compulsory schooling to 16 years which does correspond to the minimum age for admission to work set to 16 years. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2012-02-16 | C182 | Military Service Act - Article 38.1. 3) | [{"link_name":"Military Service Act","source_link":"https://adilet.zan.kz/eng/docs/Z1200000561"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 38.1. 3) states that persons arriving on military service under the contract have to be at least eighteen years old, with the exception of cadets thus prohibiting the forced recruitment of children below that age. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2014-07-03 | C182 | Penal Code of the Republic of Kazakhstan - Article 135. 1. | [{"link_name":"Penal Code of the Republic of Kazakhstan","source_link":"https://adilet.zan.kz/eng/docs/K1400000226"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 135. 1. of the Penal Code prohibits the trafficking of minors. According to the Law on the Rights of Children, enacted on August 8, 2002, a child is defined as any person under the age of 18, which is recognized as the age of majority thus prohibiting the trafficking of individuals below this age. |
| Light work - Determination of types and conditions of activities | 2015-11-23 | C138 | Labour Code of the Republic of Kazakhstan - Article 69. 1. 1) | [{"link_name":"-Labour Code of the Republic of Kazakhstan","source_link":"https://kasipodaq.kz/labour-code-of-the-republic-of-kazakhstan/"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4344554,103542"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Article 69.1.1) stipulates that reduced working hours should be established for workers aged fourteen to sixteen, ensuring they do not exceed 24 hours per week. However, this limitation does not apply uniquely to light work and does not specify the conditions under which it may be performed. As noted in a Direct Request published in 2024, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) highlights the absence of a list specifying the types of light work permitted for children over the age of 14. It therefore calls on the competent authority to define the permitted types of light work and establish the conditions under which such employment may be undertaken. |
| Minimum age for light work | 2015-11-23 | C138 | Labour Code of the Republic of Kazakhstan - Article 31. 2) 2. | [{"link_name":"Labour Code of the Republic of Kazakhstan","source_link":"https://kasipodaq.kz/labour-code-of-the-republic-of-kazakhstan/"}] | 14 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Article 31. 2) 2. of the Code allows the employment of children above the age of 14 years to perform work when they are free from their studies, which does not cause harm to health and does not impede the learning process. |
| Minimum age for admission to work | 2015-11-23 | C138 | Labour Code of the Republic of Kazakhstan - Article 31. 1. | [{"link_name":"Labour Code of the Republic of Kazakhstan","source_link":"https://kasipodaq.kz/labour-code-of-the-republic-of-kazakhstan/"}] | 16 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 31. 1. of the Code stipulates that employment contract may be concluded with citizens who have reached the age of 16 years. It should however be noted that Article 31. 2. 1) specifies that persons who have completed their secondary education or left an institution of general education may be employed at the age of 15, provided that they have the consent of their parents, guardians or trustees. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 26-FEB-2003 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 18-MAY-2001 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| To meet its goals to eliminate the worst forms of child labour, the Plan evolves around 3 priorities which are : To improve policies and legislation on the elimination of the worst forms of child labour; To develop organizational and practical measures on issues of eradication of the worst forms of child labour; To promote public awareness of the problem of child labour and methods for its eradication in order to develop intolerant public attitudes towards worst forms of child labour. It is also worth noting that, in a Direct Request published in 2024, the Committee of Experts on the Application of the Conventions and Recommendations (CEACR), notes from the Government website, the adoption of a new Action Plan for the Elimination of Child Labour for 2022–24. | [{"link_name":"-Action Plan for the Elimination of Child Labour 2020-2022","source_link":"https://www.gov.kz/memleket/entities/enbek/press/article/details/2371?lang=kk"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4344554,103542"}] | 2020-2022 | Action Plan for the Elimination of Child Labour | Ministry of Labour and Social Protection of Population of the Republic of Kazakhstan |
| The Plan seeks to ensure and coordinate work on the prevention, suppression and combating of crimes related to human trafficking, especially Women and Children. To meet such objective, it follows several core goals evolving around organizational and legal measures, organizational and practical activities, organizational and preventive measures, information and scientific-methodical support, cooperation with competent authorities of other countries, including personnel training. Some of the concrete measures set by the Plan include : To develop the prevention, detection and suppression of crimes related to trafficking in new-borns/young children ; To Monitor and exchange data between competent authorities regarding advertisements and information materials in the media and the Internet related to trafficking in persons, new-born children, human organs, as well as generating demand for such services, for the purpose of verification and subsequent blocking through the Cyber Surveillance information system or by court order ; To block channels of illegal migration and human trafficking, including within the framework of cross-border cooperation ; To prevent forced labour at construction sites, farms, exploitation of child labour in cotton fields, tobacco plantations, and others, including with the involvement of NGOs; To prevent sexual exploitation, the organization or maintenance of brothels for prostitution and pimping, including with the involvement of health authorities and AIDS centres for the prevention and detection of HIV-infected individuals, ect. | [{"link_name":"Plan for the prevention, suppression and combating of crimes related to human trafficking","source_link":"https://adilet.zan.kz/rus/docs/P2300001048"}] | 2024-2026 | Plan for the prevention, suppression and combating of crimes related to human trafficking | Ministry of Labour and Social Protection of the Population and Ministry of Internal Affairs |