Constitutional Court Outlines Key Approaches to Protecting the Family and Children’s Rights

Constitutional Court Outlines Key Approaches to Protecting the Family and Children’s Rights

The practice of the Constitutional Court of the Republic of Kazakhstan in the field of family law strengthens guarantees for the protection of the family, motherhood, fatherhood and childhood, while also contributing to the improvement of legislation and the development of consistent law-enforcement practice.

This was stated by Aizhan Zhatkanbayeva, Judge of the Constitutional Court, at a round table organized by the National Commission on Women’s Affairs and Family and Demographic Policy jointly with the Constitutional Court of the Republic of Kazakhstan.

During the event, the Constitutional Court’s legal positions were presented on issues concerning child adoption, equality of parents in exercising family rights and fulfilling family responsibilities, pension guarantees for parents caring for children, the application of certain measures of administrative liability, and the enforcement of child support obligations.

The Judge noted that the updated Constitution of the Republic of Kazakhstan has strengthened guarantees for the protection of the family by recognizing the family, motherhood, fatherhood and childhood as distinct constitutional values.

The Constitutional Court’s practice has established a number of important legal approaches:

— in considering matters concerning adoption, the Court emphasized the need to uphold the principle of equality while giving primary consideration to the best interests of the child;

— with regard to pension guarantees for parents, the Court noted that periods of childcare should be taken into account for either non-working parent who actually provided such care;

— in the area of administrative liability, the Court recognized the permissibility of special measures for the protection of motherhood and childhood where objectively justified;

— in considering child support obligations, the Court emphasized the need to safeguard the child’s right to adequate maintenance while ensuring a fair balance between the interests of the parents.

The Constitutional Court’s legal positions are aimed at strengthening the institution of the family, ensuring equality between parents, protecting children’s rights, and improving the legislation of the Republic of Kazakhstan.

“The effectiveness of the state’s family policy is determined by its compliance with the Constitution of the Republic of Kazakhstan and its ability to ensure the effective protection of human rights and freedoms,” Aizhan Zhatkanbayeva noted.

Key normative resolutions of the Constitutional Court:

  • No. 46-NR dated 28 June 2024;
  • No. 49-NR dated 23 July 2024;
  • No. 58-NR dated 24 December 2024;
  • No. 66-NR dated 7 February 2025;
  • No. 80-NR dated 18 May 2026.

More details are available on our Telegram channel https://t.me/consot_kz/3144