The constitutional and legal status of migrants in the Republic of Kazakhstan: differences in human rights and citizenship

Abstract

This article analyzes the constitutional and legal status of migrants in the Republic of Kazakhstan in the light of the Constitution adopted in 2026. The study focuses on the fundamental difference between universal human rights, which are presented to everyone without discrimination, and the rights of citizens, with an emphasis on key rights such as freedom of movement, social protection, labor rights, access to education and healthcare.

The author pays special attention to an urgent issue in the field of migration, such as maintaining a balance between the sovereign right of the state to control migration and compliance with international agreements and absolute human rights.

According to the author's conclusions, the constitutional reforms are aimed at strengthening the protection of the interests of the state, including procedures for entry, residence and deportation of migrants. It is also noted about the prohibition of any discrimination and ensuring the basic needs of migrants.

The article examines the key areas of human rights implementation, as well as the difference between the rights granted in these areas for migrants and citizens. According to the author's arguments, the Constitution establishes the priority of citizens' rights, observing the basic principles in the field of human rights. This approach reflects the legal vector of Kazakhstan, aimed at maintaining a balance between the two most difficult issues in the field of migration.