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Assoc. Prof. Dr. Çağlar ERBEK
Researcher – Author
Political Scientist
The concept of fundamental rights and freedoms in Kazakhstan has evolved
significantly throughout its constitutional history. In the 1937 Constitution,
these rights were addressed only in the final sections, whereas the 1978
Constitution gave them second place in order of importance. The current
Constitution, however, places fundamental rights and freedoms at the forefront,
indicating a shift in both constitutional design and political priorities
(Jetpisovich, 2006, p. 16).
In the Constitution of the Republic of Kazakhstan, fundamental rights and
freedoms are articulated in the second part titled “Person and Citizen”
(Articles 10–39). Unlike the Turkish Constitution, which categorizes rights
into civil, political, social, and economic, the Kazakh Constitution enumerates
these rights without formal classification. Articles 10 to 38 list the
fundamental rights and freedoms, while Article 39 addresses the legal framework
for their limitation.
Articles 10 and 11 regulate citizenship, a core political right. Article 12
outlines the general principles of human rights and freedoms, affirming their
recognition and constitutional protection regardless of citizenship or other
distinctions. It further emphasizes that all individuals, including foreigners,
possess inherent rights unless otherwise restricted by international treaties
or the Constitution. This article also underlines that individual rights must
not violate the rights of others or contradict the constitutional order and
public morality.
Article 13 guarantees the right to seek legal remedy, including the right
to self-defense. It also establishes the state’s obligation to provide free
legal assistance. Article 14 ensures equality before the law, explicitly
prohibiting discrimination on the grounds of origin, social status, occupation,
financial status, gender, race, nationality, religion, beliefs, place of
residence, or any other basis.
Article 15 guarantees the right to life, stating that no one shall be
deprived of this right. Article 16 outlines the implementation of custodial
sentences and security measures, limiting pre-trial detention without a
prosecutor’s approval to 72 hours.
Article 17 prohibits torture, inhuman or degrading treatment, and
punishment. Article 18 secures the inviolability of personal and family
secrets, honor, and dignity, and protects the confidentiality of
communication—subject to restrictions only in legally defined cases. Article 25
guarantees the inviolability of the home, with exceptions allowed only through
court orders or in cases of official search procedures.
Article 19 combines the freedoms of religion, thought, and opinion. It
affirms the right of individuals to declare or withhold their ethnic,
political, and religious affiliations. The right to use one's native language
and choose the language of instruction is guaranteed in the second paragraph.
The recognition of both Kazakh and Russian as official languages ensures
broader linguistic freedom in public life.
Article 22 addresses freedom of conscience. While granting everyone this
right, it also emphasizes that its exercise must not undermine universal civil
rights or obligations to the state.
Article 20 enshrines freedom of thought and opinion, freedom of expression,
and freedom of science and the arts. These three freedoms are interlinked.
Notably, the article declares that “censorship is prohibited,” reinforcing
constitutional guarantees of free expression. Exceptions are made for matters
concerning state secrets, as is common in most legal systems.
Article 26 regulates the right to property, recognizing the right to
acquire and own lawfully obtained property, including inheritance. It also
stipulates that expropriation is permissible only if fair compensation is paid
by the state. The final paragraph of Article 26 affirms the right to free
enterprise, mandates the regulation of monopolistic activities by law, and
prohibits unfair competition—reflecting Kazakhstan’s constitutional support for
the transition from a command to a market economy after the Soviet era.
Other rights protected by the Constitution include: the right to form
professional associations (Article 23), the right to work (Article 24), the
right to social security (Article 28), the right to health (Article 29), and
the right to education (Article 30). Article 24 also prohibits forced labor and
outlines specific exceptions. Article 32 guarantees the right to peaceful
assembly and demonstrations, while Article 33 ensures the right to vote and be
elected.
References
Jetpisovich, K. B.
(2006). Paper
presented at the Symposium on Turkic Republics, Neighboring Countries,
Constitutional Issues, and Electoral Systems in Turkey, on the Occasion of the
44th Anniversary of the Constitutional Court. Constitutional
Judiciary, (23).