Elimination of invisible boundaries of domestic violence tolerance in the criminal law (based on the example of the Republic of Kazakhstan)

Domestic violence is a serious social problem in Kazakhstan. However, such violence has not been given priority in the criminal law. The absence of full criminal law prohibitions of domestic violence creates invisible boundaries of tolerance for it, which consequently merits serious consideration and analysis. This study provides a deeper understanding of the necessary changes in criminal law that affect the protection of women (girls) from gender-based violence, enhancing the effectiveness of responses to it. Using statistical data on the prevalence of domestic violence, comparisons with the international standard on domestic violence and the legislative practices of other states in criminalising domestic violence, the study examines what changes Kazakhstan needs to make to its criminal law in order for it to effectively combat domestic violence. The results show that the criminal law should distinguish between violence committed by strangers and violence committed by loved ones, introduce new offences: forced marriage (cohabitation), pushing, prohibit repeated mediation in domestic violence cases, and extend criminal liability for sexual harassment to all victims, not just those under 16 years of age.