The Constitutional Court will review the Administrative Offenses Code for gender discrimination.

Теlegram CC - https://t.me/consot_kz  

 

The Constitutional Court held a hearing on a citizen's appeal regarding the constitutionality of Part 2 of Article 50 of the Code of the Republic of Kazakhstan on Administrative Offenses.

The applicant's opinion:

The contested provision, insofar as it prohibits the use of administrative arrest only for women with children under the age of fourteen, contradicts Article 14 of the Constitution, as it discriminates on the basis of sex, violating the rights and interests of men with children under the age of fourteen.

History of the case:

The applicant had previously been found guilty by a court of driving while intoxicated and was subjected to an administrative penalty in the form of administrative arrest for a period of 15 days with the deprivation of his driving license for a period of 7 years. The court did not take into account his arguments that he had a child under the age of 14 who needed parental care. The court proceeded from the assumption that this circumstance did not fall under the requirements of the contested provision, since the child had a mother who had not been deprived of her parental rights, as well as adult brothers and sisters.

Participants in the meeting:

Representatives of the entity submitting the request, the Chambers of Parliament, the Prosecutor General's Office, the Ministries of Internal Affairs, Justice, and Education, the Academy of Law Enforcement Agencies, institutions of parliamentarism, legislation, and legal information, and an expert.

Presiding judge: A.E. Zhatkanbaeva

The final decision of the Constitutional Court will be published in accordance with Article 65 of the Constitutional Law on the official website of the Constitutional Court at https://www.gov.kz/memleket/entities/ksrk/activities/directions?lang=ru, in the newspapers “Egemenn Kazakhstan” and “Kazakhstan Pravda.”