Towards Nondiscrimination and Gender Equality: The Role of International Labor Standards

Abstract

Gender equality and the prohibition of discrimination are not only one of the fundamental human rights, but also a necessary basis for achieving sustainable development. Kazakhstan’s global rankings for gender equality in recent years show a steady decline, despite the legislation formed during the period of independence, which guarantees the prohibition of any form of discrimination and the proclamation of gender equality as a priority of national policy. An important aspect of reforms, ensuring their effectiveness, is changes in legislation. International labor agreements are mechanisms for the transformation of national legislation and practice on the basis of universally accepted standards for more sustainable development of employment and the labor market. This study analyzes the effectiveness of the national legal framework of Kazakhstan from the standpoint of implementation, compliance with international standards of prohibition of discrimination and ensuring gender equality. An analysis is made of how universal norms can affect the development of national legislation. The article concludes that the laws aimed at the implementation of international standards for promoting the prohibition of discrimination and gender parity do not fully achieve their intended goals due to a weak law enforcement mechanism and the lack of full practical implementation of the country’s obligations. Legal solutions are proposed to neutralize the inconsistency of the internal Kazakhstani labor legislation with international standards, as well as the necessary accompanying elements of changes in civil procedural, social, administrative, and criminal legislation. An overview is presented of how the ratification of ILO acts will further improve conditions in the labor market and what changes in laws will be required in the future.

Labor Migration: A View from Kazakhstan

“…At present, in Kazakhstan, studies devoted to the study of the legal regulation of labor migration and counteracting its negative consequences are few. There are some works (Buribayev et al, 2016;Khamzina et al, 2022;Ibrayeva et al, 2019;Djorobekova et al, 2020;Khamzin et al, 2021;Khamzin, et al, 2015;Zhetpisov et al, 2021;Alpysbaeva et al, 2015;Kurmanov et al, 2017), which are devoted to certain aspects related to the problems of population migration in Kazakhstan. These scientific sources contain the results of research on specific issues related to the legal regulation of migration processes in Kazakhstan and beyond.…”