Committee on Economic, Social and Cultural Rights

List of issues in relation to the third periodic report of Kazakhstan *

1.The State Party is invited to submit in writing the information requested below (preferably not exceeding 10,700 words) by 30 November 2026.

A.General information

2.Taking into account the constitutional review process, please provide detailed information on efforts to ensure that the provisions of the Covenant are fully incorporated into the Constitution and effectively reflected in domestic law and practice. Please provide additional information on the impact of the training activities described in the State Party’s report on the justiciability of economic, social and cultural rights enshrined in the Covenant. In particular, please provide information on the number of cases in which the provisions of the Covenant have been invoked before the State Party’s domestic courts, and examples thereof. Please also provide information on whether the State Party has considered taking steps towards ratification of the Optional Protocol to the Covenant.

3.Please provide information on the impact of measures taken by the State Party with regard to the mitigation of climate change, including with a view to meeting the nationally determined contributions for reducing emissions that the State Party has set itself under the Paris Agreement. With respect to climate change adaptation policies and measures, please provide information on:

(a)How the State Party assesses the impacts of climate change on the enjoyment of economic, social and cultural rights, particularly for marginalized and disadvantaged individuals and groups;

(b)Whether the State Party has developed or plans to develop a national adaptation plan with sufficient resources, to address the impacts of climate change on economic, social and cultural rights;

(c)Measures taken to strengthen preparedness for and responses to natural disasters, including any steps taken to adopt a strategy with sufficient resources to this end;

(d)Which institutions are tasked with the development and implementation of climate change adaptation measures and policies to address slow-onset impacts in different areas, such as agriculture, food security, housing, water and sanitation, and health, and how coordination among the institutions responsible is ensured.

4.Please provide information on the impact of the Legal Information Service of the Ministry of Justice on ensuring access to free legal aid, especially for marginalized and disadvantaged individuals and groups. Please indicate the number of applications for free legal assistance in cases related to economic, social and cultural rights, their outcome, and whether the resources allocated were sufficient to meet the demand for legal aid.

5.Please provide information on the impact of measures taken to address corruption, in particular the Anti-Corruption Policy Framework. Please include information in relation to the investigation, prosecution and punishment of cases of corruption. Please also explain the impact of measures taken for the effective protection of anti-corruption activists, whistle‑blowers and witnesses. Please also provide information on the impact of the measures mentioned in the State Party’s report (paras. 224 and 227–229), in particular the Anti‑Corruption Policy Framework, in addressing systemic sources of corruption, in ensuring the effective protection of anti-corruption activists, whistle-blowers and witnesses and in providing adequate compensation for victims.

6.Please provide information on the impact of the measures taken to strengthen the institution of the Ombudsman. Please include information regarding the sufficiency of the resources of the Ombudsman’s Office to carry out its mandate effectively. Please also provide information on how consistently the Ombudsman’s recommendations are considered and implemented, including in the appeals process described in the State Party’s report.

B. Issues relating to the general provisions of the Covenant (arts. 1–5)

Maximum available resources (art. 2 (1))

7.Please provide updated information on the evolution of the following, covering the past 10 years:

(a)The proportion of the population living below the nationally defined poverty line;

(b)Levels of inequality, before and after taxes and transfers, if possible defined as the ratio between the total income of the richest 10% of the population and the total income of the poorest 40% and as the ratio between the assets owned by the richest 10% of the population and the assets owned by the poorest 50%;

(c)The economy, in particular through the annual variations of gross domestic product (GDP), GDP per capita and the level of public debt in proportion to GDP;

(d)The proportion of public revenue generated through taxes and as a percentage of GDP, the proportion of public revenue obtained through direct and indirect taxes, the corporate tax revenue rate and the percentage of total revenue generated from personal tax collected on the incomes of the richest 10 per cent of the population, as well as providing an evaluation of the amount of tax evasion and tax avoidance and the fiscal cost of the main tax benefits;

(e)Public expenditure as a percentage of GDP and, within total public expenditure, the proportion of the public budget allocated to social spending, including social security, food, water and sanitation, housing, health and education;

(f)Please compare the proportion of the budget allocated to social spending with other areas of public spending, and explain how budgetary allocations reflect the State Party’s obligation to use the maximum of available resources for the realization of Covenant rights.

8. Please provide information on legislative, administrative or other measures taken to ensure that businesses respect the economic, social and cultural rights of all persons and apply the principle of due diligence throughout their operations, including on measures taken to ensure access to effective remedies for victims of business-related violations of economic, social and cultural rights.

Non-discrimination (art. 2 (2))

9.Please provide information on the legislative and policy measures adopted, and the impact thereof, to ensure the enjoyment of economic, social and cultural rights without discrimination. In particular, please provide updated information on the efforts to develop comprehensive anti-discrimination legislation, and to establish a dedicated anti‑discrimination unit within the National Centre for Human Rights. Please also provide statistical data disaggregated by sex, age, disability, ethnic origin, migration status, sexual orientation and gender identity, on complaints received concerning discrimination in the enjoyment of these rights, as well as the outcomes of such complaints.

Equal rights of men and women (art. 3)

10.Please provide information on measures taken to ensure women’s equal access to economic, social and cultural rights, including measures designed for marginalized and disadvantaged groups of women, such as women in rural areas and minority women. Please also include information, including statistical data, on gender pay and pension gaps, the representation of women in decision-making positions,the concentration of women in the formal and the informal economy, women’s access to and ownership of land and other essential economic resources, and their access to the benefits of science and technology.

C.Issues relating to the specific provisions of the Covenant (arts. 6–15)

Right to work (art. 6)

11.Please provide information on the impact of the measures described in the State Party’s report in improving employment outcomes and addressing unemployment and underemployment.Please include updated disaggregated statistical information on the unemployment and underemployment rates to enable the Committee to assess the level of enjoyment of the right to work among marginalized and disadvantaged groups, including women, youth and persons with disabilities. Please describe the efforts undertaken to ensure these groups’ equitable access to the right to work, including through inclusive education and vocational training, reasonable accommodation, and the effective implementation of relevant laws, policies and programmes. Please provide information on the measures taken by the State Party to prevent discrimination in access to right to work, including discrimination based on sexual orientation and gender identity, as well as information on (a) the existence or absence of an explicit prohibition of discrimination on the grounds of sexual orientation and gender identityin labour legislation; (b) existing complaint mechanisms and remedies for LGBTQIA+ persons who have faced discrimination in hiring, dismissal or mobbing; and (c) statistical data on complaints submitted to competent State institutions, and their outcomes.

Right to just and favourable conditions of work (art. 7)

12.Please provide information on the measures taken for the effective implementation of the minimum wage legislation across sectors, with reference to paragraphs 261 and 262 of the State Party’s report. Please also provide information on the impact of the legal and policy framework described in the State Party’s report, as well as on any additional measures taken to guarantee the full and effective enforcement of labour legislation, including measures to prevent unfair dismissals, wage arrears and the non-payment of overtime, night work and work performed on public holidays. Please describe the steps taken to strengthen labour inspection systems and to ensure access to effective and accessible remedies for workers affected.

13.Please provide information on the measures taken, and their impact, to advance occupational safety and health, particularly in the mining, construction and agriculture sectors. Please also provide updated, disaggregated statistical data on the impact of these measures, including data relating to labour inspections, accident investigations, criminal and administrative proceedings, and sanctions imposed. Please also provide information on the remedies provided to workers affected by workplace accidents or unsafe working conditions, including information on the availability and accessibility of compensation schemes and complaint mechanisms.

Trade union rights (art. 8)

14. Please provide information on measures taken to implement the Committee’s previous recommendation in relation to amending its legislation, including article 402 of the Criminal Code and section 177 of the Labour Code, to ensure that workers can exercise their right to strike without undue restrictions. Please also provide information on measures taken to prohibit and prevent anti-union discrimination and to establish effective safeguards to ensure that trade union leaders and members are able to carry out their activities in a climate free from intimidation, violence and harassment. Please include statistical information on investigations, criminal prosecutions, disciplinary sanctions, and their outcomes, as well as on dismissals related to the exercise of trade union rights.

Right to social security (art. 9)

15.Please provide information on the measures taken, and the impact thereof, to develop a universal social security system. Please provide disaggregated statistical data on the social security coverage of the population, including disadvantaged and marginalized individuals and groups. Please provide additional detailed information on the eligibility criteria, the registration process and the level of social security benefits, including information on the income calculation system of the Targeted Social Assistance programme. Please provide detailed information on the social protection scheme for persons with disabilities, including information on whether disability-related costs are covered on a separate basis.

Protection of the family and children (art. 10)

16.Please provide information on the steps taken and resources allocated for the implementation of the Law on Strengthening Women’s Rights and Safety of Children. Please describe the impact of legislative and policy measures taken to protect children from all forms of exploitation, including the worst forms of child labour. Please also include statistical information on the prevalence of child labour, as well as on investigations and their outcomes, disaggregated by economic sector, and victims’ age group, gender, ethnicity and migration status. Please provide information on whether legal and policy measures taken for the protection of the family and children apply equally and without discrimination to all family forms, including single-parent families and same-sex couples. Please explain whether equal protection is ensured with regard to inheritance, maintenance obligations, parental authority, adoption, guardianship, custody and foster care, as well as access to social security, housing, healthcare and other social services.

Right to an adequate standard of living (art. 11)

17.Please provide information on measures taken, and their impact, to address homelessness and provide access to housing, including affordable social housing for disadvantaged and marginalized individuals and families. Please describe efforts made and resources allocated to improve living conditions in rural and deprived urban areas, especially informal settlements and collective centres, including measures to ensure access to water for safe domestic use, to adequate sanitation, to hygiene services and to other basic infrastructure.Please provide information on the legal framework in relation to evictions and forced relocations.

18.Please provide information on the results and effectiveness of the poverty alleviation measures, including the programmes mentioned in paragraphs 390, 393 and 394 of the State Party’s report. Please provide statistical data on poverty rates in the State Party, disaggregated by age, sex, disability, ethnic or national origin and rural/urban areas of residence. Please also indicate the impact of the measures mentioned in paragraph 388 of the State Party’s report to address the needs of the most marginalized and disadvantaged groups, and the resources that have been made available for their implementation.

Right to physical and mental health (art. 12)

19. Please provide information on measures taken to provide available, accessible, acceptable and quality healthcare services across the State Party. Please include statistical information on the impact of such measures on access to different types and levels of healthcare services, disaggregated by age, sex, disability, ethnic or national origin and rural/urban areas of residence. Please also provide information on the availability and distribution of medical professionals at all levels of care, of essential infrastructure, of equipment and of medicines across the State Party, particularly for disadvantaged and marginalized individuals and groups.

20.Please provide information on the impact of the measures mentioned in paragraph 437 of the State Party’s report in improving access to sexual and reproductive health services. Please also provide information on efforts undertaken to provide age-appropriate sexual and reproductive health education. Furthermore, please provide information in relation to measures taken, and the impact thereof, to guarantee the right to timely, affordable and quality mental health care and services in line with international human rights standards, including the impact of efforts undertaken to address suicide, especially among children and adolescents.

21.In line with paragraph 47 of the Committee’s previous concluding observations, please provide information on the impact of measures described in paragraphs 468 and 474 of the State Party’s report in relation to prevention, treatment and harm reduction services for persons who use drugs. Please also explain the impact of measures taken to reduce the incidence of HIV/AIDS and to improve access to timely, affordable and effective HIV prevention, testing, treatment and care.

Right to education (arts. 13 and 14)

22.Please provide information on the impact on the measures taken to ensure the availability, accessibility, acceptability and quality of education for all children, including girls, children with disabilities, children from low-income families and children living in rural and deprived urban areas. Please describe the impact of efforts undertaken to improve school enrolment and retention rates. Please also provide information on measures taken to improve the quality of education, including investments made towards improving educational infrastructure, teacher training and the working conditions of teachers, as well as preventing bullying and violence in schools.

Cultural rights (art. 15)

23.Please provide information on the measures taken, and the impact thereof, to promote equitable access to the benefits of scientific progress and its applications, including scientific research and innovation. Please also describe the impact of measures taken to address disparities related to Internet access and digital infrastructure, including efforts to tackle the digital divide for disadvantaged and marginalized groups.

24.Please also provide information on the measures taken, and the impact thereof, to promote the accessibility and affordability of cultural and sports activities for all, including women, young people, persons with disabilities, and individuals living in rural or deprived urban areas, and to ensure their meaningful participation in cultural life. Please further provide information on the impact of the measures mentioned in paragraph 511 of the State Party’s report to protect and promote linguistic plurality, including the teaching and use of minority languages, and efforts undertaken to ensure effective access to education in the mother tongue for children belonging to linguistic minorities.