1. Lessons learned during the Country Analytical Report preparation
Transmonee, 2-4 Ocotber 2018
Astana

2. Introduction
Kazakhstan has ratified the most important international instruments on child rights and child protection
In 2008 “The Concept of Juvenile Justice System Development in the Republic of Kazakhstan for ” was adopted
Courts on issues of minors established to ensure child-friendly approach
Today there are 19 specialized courts with special jurisdiction in civil, administrative and criminal cases in Kazakhstan.
Since July 1, 2014 psychologists have been involved in the work of juvenile courts, special child-friendly rooms were provided

3. Objectives of the Country Analytical Report
Study what data are collected on various aspects of children’s access to justice
Clarify the roles of various ministries and agencies in collection and management of data
Clarify the terminology and definitions currently used
Improve the quality and management of data on children’s access to justice

4. CAR: Children’s Access to Justice
Kazakhstan’s CAR is prepared with support of the Working Group (Committee of Legal Statistics and Special Records (CLSSR), Supreme court, Ministry of Interior, National Human Rights Institution) and international expert
CAR comprised of 2 parts:
management of data on A2J; and
data on 12 out of 15 quantitive indicators

5. CAR: availability of data
Data of law enforcement agencies available on website of the CLSSR Data on judicial aspects are stored in Supreme court webpage As part of Nation Action on 100 Concrete steps, CLSSR implemented the project “The Map of criminal offences” The project covered Astana, Almaty, all regional and rayon centers. The Map allows to assess criminology situation. From January 1, 2015 criminal offences are taken into account from the moment of incidents registration in the Unified Register of Pre-Trial Investigations.

6. CAR: coordination between state bodies
Committee of Legal Statistics and Special Records (CLSSR) at the General Prosecutor’s Office deals with collection, consolidation and analysis of criminal-legal statistics and data on administrative offences. Data collected by CLSSR on a monthly basis submitted to the Committee on Statistics under the Ministry of National Economy CLSSR collects general statistics on criminal offences and registration of crimes, special records, analyzes statistical data on the status of crimes committed by and against children, prepares analytical reports on violence against minors.

7. Challenges and barriers to collect data for CAR
Lack of disaggregation (by age, gender, region, etc.)
Statistical data on children victims and witnesses is collected in a limited way and requires improvement in accordance with recommendations of international experts
Lack of coordination among state agencies to collect data
Lack of methodology how to collect data and misunderstanding of terminology, problems with translation

8. Lessons learnt during CAR preparation
Pre-requisite for methodology and clear definitions to collect data
Availability of different forms that are not unified
Absence of holistic approach to collect data

9. Kazakhstan’s positive practice
Improvement of the statistical record system is in progress
Computerizing and digitalization the process of data collection is in place
Institute of the Child Rights Ombudsperson is created with a mandate to review complaints related to children
Mediation is endorsed to settle disputes on civil, administrative and criminal issues. Some improvements needs to be completed
Created and currently function the Compensation Fund for victims of crimes

10. CAR: Children’s Access to Justice INDICATORS
Number of cases filed with any court during the year, in which a child or a representative of a child or children sought a remedy for violation(s) of the rights of the child
Important indicator, critical for being included into revised TransMonEE
For the time being there is no algorithm to collect data on the number of children who sought the remedy
Data provided by country in CAR contains the number of family law cases
Disaggregation by age, gender in all civil, criminal and administrative cases

11. CAR Children’s Access to Justice: INDICATORS
Indicator 2 – Number of court cases decided during the last year in which a child obtained a remedy for a violation of his or her rights.
It is difficult to collect this indicator, the methodology is needed
To give a clear definition of “remedies for children”
There is no reporting format that could collect this indicator
It is necessary to determine from what form the data on indicator 2 are obtained

12. CAR Children’s Access to Justice: INDICATORS
Indicator 5: Number of cases of physical, sexual or other violence against children reported to or registered by the child welfare authorities, health or other authorities during the year.
No integrated services are provided to the victims of violence and child victims
Standard for the provision of special social services to victims of domestic violence has been established
To prescribe the ToR (algorithm) for this indicator and for all indicators, department, report, section, graph, etc.)
Improvement of the Regulatory Act in the sphere of children’s rights protection
Clarify terms: there are difficulties when translating the term “cases” – «дела» or «случаи». «Дела» – it is an officially filed case (criminal or administrative) – law enforcement bodies

13. CAR Children’s Access to Justice: INDICATORS
Indicator 6 – Number of cases of crimes against children registered by the police during the year.
Needs to be further disaggregated
This indicator is present in Transmonee on the number of crimes registered by law-enforcement agencies
Indicator shows that the number of children victims of crimes is decreasing
Inter-agency protocol to register and refer crimes is being discussed

14. CAR Children’s Access to Justice: INDICATORS
Indicator 9: Number of child victims of violence provided with medical, psychological, social or other assistance in recovery during the year.
Kazakhstan couldn’t collect data under this indicator, but considers it as important
Only children at the Adaptation Center for Minors are registered
It is necessary to take into account children who are provided with services within the NGO, who are in shelters for victims of domestic violence, and who are paid through the Victims Fund
Disaggregate by sex, age, type of violence and type of service provided
No calculation methodology
The study of international experience, the establishment of an early warning system on the facts of child abuse

15. CAR Children’s Access to Justice: INDICATORS
Indicator 11: Number of complaints brought by children to the Ombudspersons’ office during the year
Established the National Commissioner for Child Rights in 2016 (not included in CAR)
Data received from the Committee on Child Protection of the MOES needs to be added into the TransMonEE
Complaints from children directly are not enough. It may be necessary to collect data on complaints of children in Call Centers
There should be disaggregation of complaints sent to the Human Rights Ombudsperson’s Office and the Child Rights Ombudsperson’s Office, depending on the country

16. Thank you for your attention!