ON THE RESULTS OF THE ANALYSIS OF LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON STATE GUARANTEES OF EQUAL RIGHTS AND EQUAL OPPORTUNITIES OF MEN AND WOMEN
Keywords:
gender equality, state guarantee, rights of men and women, contradictionsgaps, gaps, discrimination, harassmen, legal analysisAbstract
This article presents the results of an analysis of the legislation of the Republic of Kazakhstan on state guarantees of equal rights and equal opportunities of men and women. Based on a study of strategic documents and international obligations, the author came to the conclusion that regulation of public relations in the field of state guarantees of equal rights and equal opportunities of men and women is aimed at the implementation of the strategic objectives of the Republic of Kazakhstan, international obligations of Kazakhstan and the UN sustainable development goals.
The constitutional law basis is provided and the compliance of gender legislation with the Constitution of the Republic of Kazakhstan is identified.
The author analyzed the Law of the Republic of Kazakhstan “On state guarantees of equal rights and equal opportunities of men and women” in order to identify contradictions between the norms of the Law and the norms of other laws, corruption-related factors in the Law and gaps of the Law. In particular, collisions were revealed between the norms of the Law and the RK Labour Code, the RK Law “On state service of the Republic of Kazakhstan”. The number of gaps has been identified which are proposed to fill by development of relevant legislative norms. For example, there were revealed the lack of competence of the authorized body; guarantees of equal opportunities and rights of women and men in the economic sphere, entrepreneurship, as well as science and sports; insufficient level of guarantees of equal rights and equal opportunities in labor relations, as well as the lack of legal remedies against harassment.
As a result of the identified contradictions and shortcomings of certain norms of the Law, the author has developed proposals for amending and supplementing the RK legislation, improvement of judicial and administrative procedures in this area.