Analysts from Ranking.kz compared Kazakhstan’s new legislation on domestic violence with laws in other countries, including developed ones. Data on criminal liability for the four most common offenses against human health was collected.

For the most severe offense — intentional homicide — the responsibility provided by Kazakhstani laws (imprisonment from 8 years to life) is similar to the punishment in other CIS and Central Asian countries. In developed countries, the range of criminal liability for depriving a person of life in some situations may have a lower starting point — 3-4 years of imprisonment.

It is important to consider many reservations, possible mitigating circumstances, and the difference in criminal law between different districts or states of one country. Overall, the level of societal condemnation of such crimes in European countries is so high that even laws prescribe the invariability of life imprisonment in cases of aggravated murder.

As for those articles on beatings and minor bodily harm that were criminalized in Kazakhstan, women’s rights organizations in developed countries have already achieved this decision. For example, in Sweden, which is among the top three countries for women to live in, a husband-aggressor who beats his wife can be imprisoned for up to two years. At the same time, a criminal case will be investigated and brought to court even if the woman withdraws her statement and reconciles with her husband. In the eyes of Swedish society, domestic violence is not a private matter but a public one. This country adopted the «Law on the Integrity of Women» 25 years ago. Punishable acts include not only physical harm but also psychological violence and material pressure on the wife.

Table above shows measures of punishment for home violence in various countries

Sweden’s Effective Work in the Field of Domestic Violence is Called the «Northern Paradox.» This country differs from others in that Swedes actively engage in preventive measures — introducing school programs against destructive gender models, compelling aggressors to undergo anger management therapy. Therefore, cases of women being killed in the family in this country are extremely rare.

Many developed countries have a similar set of main measures to support women who have experienced violence. Crisis centers and shelters are created and well-funded in the USA, Germany, France, and other European countries. The practice of protection orders and widespread support for the victim of violence from the state are common. As a special measure of influence, restricting or depriving a man of parental rights in the event of domestic violence by him has been adopted in some countries. According to French human rights defenders, a husband who beats his wife or children cannot be a good father. An interesting practice has been introduced in the USA: separate courts that exclusively deal with cases of domestic violence. However, there are currently only 200 such courts in the USA, but the program is gradually being extended to more states.

Another important point that distinguishes the practice of protecting victims of domestic violence in developed countries from post-Soviet states is that in some European countries, women have the right by law to apply to court and evict their spouse from shared housing after beatings. Moreover, such applications are considered within a short period. Thus, a woman does not have to look for a place to live; she stays in her familiar environment. The husband is prohibited from approaching and communicating with her. This practice is in place, for example, in Germany and France.

Statistics of criminal and administrative offenses in Kazakhstan over the past years show that the number of complaints due to unlawful actions during domestic disputes has doubled. According to the Committee for Legal Statistics and Special Records of the General Prosecutor’s Office (CLSSR GPO) of the Republic of Kazakhstan, 47.6 thousand such administrative cases were registered last year, while in 2018 there were only 23.9 thousand. The «appealability» of victims of domestic violence with intentional infliction of minor harm to health has also increased: 20.8 thousand cases last year compared to 15.5 thousand in 2018. Such growth does not necessarily mean an increase in the number of violence cases. The dynamics indicate that women are more likely to decide to contact the police in an attempt to protect themselves and their children.

Regarding criminal offenses against women’s personhood (without differentiating between domestic disputes or other types of conflicts), the number of such severe offenses has decreased in many respects. For example, in January-December of last year, apart from Saltanat Nukenova, 135 women were killed in the country (a decrease of 39% compared to 2018). According to Senator Zhanna Asanova, who refers to government information, last year, at least every second murdered woman died from domestic violence.

The editorial staff of Ranking.kz collected expert opinions on the reasons that contribute to the spread of dangerous gender stereotypes in Kazakhstani society. According to the compilers of the analytical report «Public Perception of Gender Equality and the Expansion of Women’s Rights and Opportunities in Kazakhstan» by the organization «UN Women,» violence against women in Kazakhstan has deep roots. The country still operates a value system in society where gender discrimination begins literally from the sandbox, when a boy is put above a girl. Often, women themselves reproduce outdated traditional gender order by instilling in girls the idea that the most important thing is to get married and start a family.

According to experts, there is a high tolerance for domestic violence and the so-called victim-blaming in Kazakhstan. This phenomenon, where part of the responsibility for what happened is shifted onto the victim, is common. A striking example is the defense line of Bishimbayev, who, while giving testimony, accused the deceased Saltanat of drinking wine, often being unbalanced, and insulting him. The suspect’s words triggered a response from the female audience, who launched an online flash mob in support of the honor of the deceased. Dozens of Kazakhstani women posted their photos with a glass of wine on social media with the caption «If you see me with a glass of wine, it does not mean that I can be killed.» By the way, examples of victim-blaming are often demonstrated from high tribunes by high-ranking officials (1, 2, 3).

Among other factors contributing to the spread of gender violence in Kazakhstan, experts noted the lack of crisis centers in the country, too lenient punishment for beatings, and an underdeveloped mechanism of protective orders.