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In a recent court case, two caregivers in Kazakhstan have been found guilty of neglecting their duties, resulting in the tragic death of a minor child. The incident took place at a juvenile after-school group in Astana, where the children were taken to Sauletai park.
The caregivers were accused of violating internal instructions, as they failed to conduct a safety briefing before allowing the children to play. One of the boys, left unattended, climbed onto a faulty swing intended for children with special needs and suffered severe injuries. The child remained unconscious from July 11 to 23 and tragically passed away on July 23.
The case was brought under Part 2 of Article 141 of the Criminal Code of the Republic of Kazakhstan. The court found the caregivers guilty, and they were sentenced to 2 years imprisonment. However, the verdict has not yet entered into legal force and can be appealed.
It is important to note that the specific laws and regulations in Kazakhstan regarding caregivers' responsibility for the safety and health of children in juvenile after-school groups are primarily framed within the country's child protection, education, and labor legislation. Caregivers in such groups are legally obligated to ensure the safety, health, and well-being of children during their care time.
This responsibility derives from the Family Code, Education Law, and child protection acts that set general safeguarding and health standards for minors. Regulations also govern the qualifications, conduct, and duties of individuals working in juvenile after-school programs, requiring caregivers to comply with safety protocols, maintain hygienic conditions, and act promptly in emergencies.
Caregivers and administrators of juvenile after-school groups may face legal consequences for negligence or failure to uphold safety, which can include administrative penalties or criminal liability if child harm occurs. This is supported by general child protection regulations under Kazakhstan’s civil and criminal law provisions.
Beyond national laws, the Ministry of Education and Science may issue methodological guidelines and sanitary-epidemiological norms for after-school care services, detailing the responsibilities and operational standards caregivers must follow.
In this particular case, it is worth mentioning that the caregivers were not working under a formal contract. This is a crucial aspect, as it highlights the importance of having clear agreements in place to ensure the safety and well-being of children in after-school care.
The court also considered the defendants' personal circumstances, as both have minor children. This was considered a mitigating circumstance in the sentencing. The civil claim from the injured party was partially satisfied.
This incident serves as a sobering reminder of the importance of adhering to safety regulations and the responsibilities that caregivers have towards the children they look after. It underscores the need for clear guidelines, proper training, and regular oversight to ensure the safety and well-being of children in after-school care.
- The punishment highlights the seriousness of the education-and-self-development setting, as even caregivers in juvenile after-school groups, governed by the Family Code, Education Law, and child protection acts, can face criminal charges if they neglect their safety and care duties, as seen in the case of the caregivers in Kazakhstan who were sentenced to 2 years imprisonment for neglecting their duties.
- Despite the general-news incident, the case highlights a vital aspect, the importance of formal contracts for caregivers in after-school care, as seen in the case where the caregivers were not working under a formal contract. This might have impacted their accountability and adherence to safety protocols, making it crucial to have clear agreements in place to ensure the safety and well-being of children in after-school care, as reinforced by the Ministry of Education and Science's methodological guidelines and sanitary-epidemiological norms for after-school care services.
