INVISIBLE CHILDREN, WITNESSES OF VIOLENCE

Abstract

The article examines the problem of protecting children who have witnessed domestic violence but are not officially recognized as victims. Even though such children are subject to deep psycho-emotional traumas, the current legislation of Kazakhstan does not classify them as victims of violence, which creates a legal vacuum and reduces the effectiveness of prevention.

The purpose of this study is to identify gaps in the regulatory and institutional protection of child witnesses of violence and suggest ways to improve the relevant mechanisms in the Republic of Kazakhstan.

The scientific novelty of the study lies in the proposal to consider child witnesses of violence as a special category of victims who need recognition of their legal status and institutional support. The research is based on inductive and analytical approaches, using comparative legal and formal legal methods. The empirical base consisted of materials from criminal and administrative cases, international reports and scientific publications, which ensured the representativeness and reliability of the conclusions.

The results of the study showed that in the legislation of Kazakhstan, children who witnessed violence are not recognized as victims, which excludes them from the system of legal and psychological assistance. A comparative analysis of foreign experience demonstrates that recognizing a child witness of violence as a victim allows him to be rehabilitated. Moreover, this is considered an aggravating circumstance for the offender.

The main conclusions of the research include proposals to introduce a special legal status for "child witness of violence" into national legislation, to develop an interdepartmental protocol for government interaction, and to introduce psychosocial support programs and train relevant specialists. The practical significance of the study lies in the proposal of comprehensive measures to humanize the legal system and ensure every child's right to a safe childhood.

Keywords: victimization, invisible children, victim, violence, legal status, witnesses.