Application of International Rules Ensuring Social Rights of Families and Children in Kazakhstan
Abstract
The objective of the present study is to work out the recommendations and suggestions aimed at further development of legal bases of social protection of families and children considering their international standards as a promising direction of legal science and the most important direction of social policy. The authors subsequently consider the forms of strengthening the international standards of rights of families and children; define the directions of improving fulfillment of the international obligations of Kazakhstan in provision of the social rights; reveal the problems of taking by the Republic of Kazakhstan (RK) of legislative, organizational, financial and economic measures in compliance with the constitutional procedures for the purpose of ensuring accepted social rights of family and children. The basic methods are the methods of description and analysis of the situations caused by social and economic peculiarities of Kazakhstan as well as the modern state of its sphere of social protection. As a result of the conducted research considering the provisions and the level of the international norms and standards the authors represent the conclusions and suggestions for improvement of the legal and organizational infrastructure for ensuring social rights of families and children in the RK.
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*** Agreement of the CIS states dated 9 September 1994 ‘On Ensuring Citizens’ Rights in the Sphere of Payment of Social Allowances, Reimbursements to Families with Children and Alimonies’.
*** CIS Agreement on State Social Support of Military Dependents Died in Afghanistan and Other States of Warfare Conduction (Moscow, 24 September 1993)
*** Conception of Formation of Legal Bases and Mechanisms of Implementation of Social State in the CIS states, adopted at the twenty eighth Plenary Meeting of the Interparliamentary Assembly of CIS Member States (Resolution N 28-6 dated 31 May 2007)
*** Convention of Commonwealth of Independent States (CIS) on the Human Rights and Fundamental Freedoms (Minsk, 26 May 1995)
*** Convention of the Council of Europe dated 4 November 1950 ‘On Protection of Human Rights and Fundamental Freedoms’
*** Convention Relating to the Status of Refugees (Geneva, 28 July 1951)
*** European Code of Social Security dated 9 September 1994.
*** European Convention on Social Security dated 14 December 1972.
*** European Social Charter dated 3 May 1996.
*** ILO Recommendation No. 202 ‘On Minimal Standards of Social Protection’ dated 14 June 2012.
*** ILO Convention No. 102 dated 28 June 1952 ‘On Minimal Standards of Social Support’.
*** ILO Convention No. 103 revised on 28 June 1952 ‘On Maternity Protection’.
*** ILO Convention No. 111 On Discrimination in the Sphere of Labor and Occupation (Geneva, 25 June 1958).
*** ILO Convention No. 117 dated 22 June 1962 ‘On the Main Objectives and Norms of Social Policy’.
*** ILO Convention No. 118 dated 28 June 1962 ‘On Equality of Citizens of the State, Foreigners and Persons without Citizenship in the Sphere of Social Support’.
*** ILO Convention No. 128 dated 29 June 1967 ‘On Disability, Pension and Loss of Breadwinner Allowances’.
*** ILO Convention No. 44 dated 23 June 1934 ‘On Allowances to the Persons being Unemployed due to the Circumstances beyond of their Control’.
*** ILO Convention No. 88 concerning the Organisation of the Employment Service (San Francisco, 17 June 1948).
*** International Covenant on Civil and Political Rights dated 16 December 1966.
*** International Covenant on Economic, Social and Cultural Rights dated 16 December 1966.
*** Order of the RK President dated 11 December 2008 No. 711 ‘On Singing the Convention of Rights of Disabled People and Additional Protocol to the Convention of the Rights of Disabled People’.
*** Regulatory Resolution of the RK Supreme Court dated 10 July 2008 No. 1 ‘On Application of International Agreements of the RK’.
*** Resolution of the RK Government dated 28 October 2004 No. 1118 ‘Issues of the RK Ministry of the Foreign Affairs’.
*** The RK Law dated 15 December 1998 No. 317-1 ‘On the RK Joining the Convention Relating to the Status of Refugees and the Protocol Relating to the Status of Refugees’.
*** The RK Law dated 18 March 2002 No. 304-2 ‘On Judicial Authorities’.
*** The RK Law dated 29 June 1998 No. 248-1 ‘On the RK Joining the Convention Relating to Liquidation of all the Forms of Female Discrimination’.
*** The RK Law dated 30 May 2005 No. 54-3 ‘On the International Agreements of the RK’.
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