Issue under consideration: existing legal resources to support gender equality in the workplace. We systematised the provisions of Kazakhstan labour law, which should guarantee the prohibition of discrimination based on sex. The analysis resulted in fi ve themes: "Characteristics of women's labour", "Analysis of labour laws differentiation", "Evaluation of labour rights discrimination" and "Characteristics of the new labour legislation of the Republic of Kazakhstan", "Characteristics of workers with a special social status". We analysed the essence of the method of differentiation of labour legislation, which affects the establishment of special working conditions for women and workers with family responsibilities. We suggested a correlation between the content of legal norms and the level of guarantees of gender equality in the labour market.The results show that family circumstances, gender equality are factors infl uencing the formation of labour legislation, state policy in the fi eld of wage labour. The creation of a favourable environment for labour relations of the considered categories of workers should be carried out through labour contracts, acts of the employer, social partnership agreements, collective agreements. However, priority should be given to normative acts of national action. Ensuring gender equality in fact always requires the implementation of special measures by the employer, which must be guaranteed by a coercive state mechanism. At least this thesis is true for the conditions of Kazakhstan, a country with a transition economy, when business does not have high social activity, and state power is in a period of transformation. Importance should be given to the monitoring and implementation of international obligations in the fi eld of ensuring the prohibition of discrimination, the implementation of best practices and standards. The post-Soviet law of Kazakhstan recognises the priority of international law over national law, and this channel should be maximally used to promote the value of gender equality.
Gender equality and the prohibition of discrimination are not only one of the fundamental human rights, but also a necessary basis for achieving sustainable development. Kazakhstan’s global rankings for gender equality in recent years show a steady decline, despite the legislation formed during the period of independence, which guarantees the prohibition of any form of discrimination and the proclamation of gender equality as a priority of national policy. An important aspect of reforms, ensuring their effectiveness, is changes in legislation. International labor agreements are mechanisms for the transformation of national legislation and practice on the basis of universally accepted standards for more sustainable development of employment and the labor market. This study analyzes the effectiveness of the national legal framework of Kazakhstan from the standpoint of implementation, compliance with international standards of prohibition of discrimination and ensuring gender equality. An analysis is made of how universal norms can affect the development of national legislation. The article concludes that the laws aimed at the implementation of international standards for promoting the prohibition of discrimination and gender parity do not fully achieve their intended goals due to a weak law enforcement mechanism and the lack of full practical implementation of the country’s obligations. Legal solutions are proposed to neutralize the inconsistency of the internal Kazakhstani labor legislation with international standards, as well as the necessary accompanying elements of changes in civil procedural, social, administrative, and criminal legislation. An overview is presented of how the ratification of ILO acts will further improve conditions in the labor market and what changes in laws will be required in the future.
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