Court/Judicial body: Specialised administrative court #2 of Taraz city
Date: 18 August 2006 CRC
Provisions: Article 2: Non-discrimination Article 27: Standard of living
Domestic provisions: Constitution of the Republic of Kazakhstan, Article 27(2): Parental rights and responsibilities Law “On the Rights of the Child in the Republic of Kazakhstan”, Article 6 (1): Citizens’ responsibility for the violation of rights and interests of the child Law “On Marriage and Family”, Article 67(1), Article 68(1): Deprivation of parental rights
Background: The Prosecutor of the Taraz city initiated a civil case against the parents of two children for failure to fulfill their parental responsibilities. The couple were listed as “adverse family” in police records since 2005. The State presented evidence that: the 16 and 10 year old children lived in unsuitable conditions (including lack of heating in winter), often missed school and did not have necessary school supplies and clothes.
Issue and resolution: Child neglect / non-fulfillment of parental responsibilities. The Court agreed with the State that, based on the evidence, the children were not adequately cared for. It ordered that the parents are deprived of their parental rights, and that the children are transferred into the care of the guardianship authority.
Court reasoning: Based on the facts of the case, the Court determined that the couple had completely evaded their parental responsibilities and had demonstrated a complete lack of concern about the moral and physical development of their children. The Court said that the failure to provide basic care and adequate living conditions had negatively affected the children’s physical, intellectual, spiritual and moral development and was contrary to the parents’ duty to care for their children under Article 27(2) of the Constitution of the Republic of Kazakhstan. The Court also referred to the wishes expressed by the older child that they would prefer to be taken into the State’s care system. Therefore, it was decided that there was sufficient reason to order that the parents are deprived of their parental rights and that responsibility for the children is handed to the guardianship authority.
Excerpt citing CRC and other relevant human rights
As translated by CRIN: The Republic of Kazakhstan ratified the Convention on the Rights of the Child […] by adopting the resolution of the Supreme Council Republic of Kazakhstan “On ratification of the Convention on the Rights of the Child”, on the 8th of June, 1994 […]. Paragraphs 1 and 2 of Article 27 of the Convention stipulate that State Parties recognise the right of every child to a standard of living adequate to his or her physical, mental, spiritual, moral and social development. The parent(s) of the child or others have the primary responsibility to secure within their abilities and financial capacities the living conditions necessary for the child’s development. In Russian: “Постановлением Веpховного Совета Республики Казахстан «О ратификации Конвенции о правах ребенка» от 8 июня 1994 года, Республикой Казахстан ратифицирован Конвенция о правах ребенка от 20 ноября 1989 года, подписанная в городе Нью-Йорке 16 февраля 1994 года. Пункты 1, 2 статьи 27 данной международной Конвенции гласит, государства-участники признают право каждого ребенка на уровень жизни, необходимый для физического, умственного, духовного, нравственного и социального развития ребенка. Родитель(и) или другие лица, воспитывающие ребенка, несут основную ответственность за обеспечение в пределах своих способностей и финансовых возможностей условий жизни, необходимых для развития ребенка”.
CRIN comments: CRIN believes that this decision is consistent with the CRC. As noted by the Court, Article 27 of the Convention secures the right of a child to a standard of living that is good enough to meet his or her physical and mental needs. According to Article 9 of the Convention, children have the right to be cared for by their parents and may be separated from their parents only where the competent authorities determine that such separation is necessary for the child’s best interests. Furthermore, such determination must be subject to judicial review and all interested parties must be given an opportunity to participate in the proceedings and make their views known.
Citation: Дело № 2-1665-06. 18 августа 2006 года город Тараз.
Link to full judgement: http://eaias.supcourt.kz/site/Judgements/2006/Judgements_rus2006.NSF/Document/F5D11E8119D152EC462576710016BC63?OpenDocument