Children's rights in Azerbaijan

Issues related to the social and legal protection of children's rights in the country are regulated by the Constitution of the Republic of Azerbaijan and a number of legislative and regulatory acts . The main regulatory document in this area is the Law of the Republic of Azerbaijan “On the Rights of the Child”, adopted on May 19, 1998 ^[2] .

Responsible for the implementation of children's policies in the country is the State Committee for Family, Women and Children. And also a number of organizations carry out important projects in this area. The Committee was established by Decree of the President of the Republic of Azerbaijan on February 6, 2006 and is a state body ^[3] . The committee conducts regular monitoring in state-controlled institutions, investigates statements made by citizens, organizes campaigns, trainings and events for experts and children, etc.

Below are a few articles on the rights of children from the Family Code of the Republic of Azerbaijan:

The right of the child to live and be raised in the family

Under article 49 of the Family Code of Azerbaijan, persons under the age of 18 who have not acquired full ability are considered as children.

Every child has every right to live and be raised in a family , recognize his parents and take care of them, live together, except in cases that are contrary to the interests of the child.

During the absence of parents, deprivation of their parental rights or in other circumstances when the child has lost custody of the parents, the child's upbringing in the family is provided by the relevant executive authority in the manner prescribed by Chapter 18 of the Family Code.

The right of the child to communicate with his parents and other relatives

Under article 50 of the Family Code of Azerbaijan, a child has every right to communicate with his parents, grandfathers , grandparents , brothers , sisters and other relatives.

Divorce of parents or invalidation of marriage , separate residence of parents do not affect the rights of the child .

When the parents of the child are separated, he has the right to communicate with each of his parents.

In the case of extreme extremeness, criticality as in detention, arrest , placement in a medical institution, etc. the child has the right to communicate with his parents and relatives in the manner prescribed by law.

Child's right to protection

Under article 51 of the Family Code of Azerbaijan, a child has the right to protect his rights and legitimate interests.

The protection of the rights and legitimate interests of the child is carried out by the parents (persons replacing them), and in the cases established by this Code, by the relevant executive authority and the court .

In accordance with the law, persons recognized to be fully capable before reaching the age of majority can independently exercise their rights and obligations, including the right to protection .

In case of violation of the rights and legitimate interests of the child, including failure by the parents (one of them) to fulfill their obligations to educate , raise a child or abuse parental rights , the child has the full right to appeal to the relevant executive authority, and when he reaches 14 years of age - to the court organ.

Officials, as well as other citizens who are informed that the child’s life and health are in danger , that their rights and legitimate interests are violated, must report this to the appropriate executive authority at the child’s current place of residence. Having received similar information, the relevant executive authority should take all necessary measures to protect the rights and legitimate interests of the child ^[4] .

After the restoration of independence, Azerbaijan ratified Law No. 236, acceded to the UN Convention on the Protection of the Rights of Children , July 21, 1992 .

And also, the President of the Republic of Azerbaijan , after eight years, on September 6-8, 2000 at the UN Millennium Summit in New York , signed the Optional Protocols - “the issue of the involvement of children in armed conflict” and “trafficking in children, child prostitution and child pornography” the UN Convention on the Protection of the Rights of the Child ^[5] .

In 1993, Azerbaijan joined the Universal Declaration of September 30, 1990 on the Protection, Preservation and Development of Children. Azerbaijan also adopted the Convention on Consent to Marriage, the Minimum Age of Marriage and the Registration of Marriages in 1996 . In 2004, Azerbaijan joined the Convention of the International Labor Organization on the Elimination of the Worst Forms of Child Labor No. 182 and its Recommendation 190, as well as the Hague Convention on International Adoption. And also, Azerbaijan adopted the Convention on the Elimination of Discrimination in Education in 2006 ^[6] .

The Government submits to the UN Committee on the Rights of the Child ( UNHCR ) periodic reports on the implementation of the Convention and its two optional protocols. In addition, Azerbaijan is a supporter of the Universal Declaration on the Survival, Protection and Development of Children.

Since 1993, UNICEF has existed in Azerbaijan. The main goals of the organization are to create a protective environment for all children without any discrimination. Protecting children from violence , exploitation , abuse and discrimination is a global priority for UNICEF ^[7] .

The organization provided humanitarian assistance to Azerbaijan in the amount of 9.5 million US dollars in 1994-1996 , 2.2 million US dollars in 1997 and 2 million US dollars per year in 1999 . UNICEF implements large-scale projects in Azerbaijan. The total budget of the programs implemented by UNICEF in 2005-2009 in Azerbaijan amounted to $ 9.725.000. The first UNICEF programs were designed not only to address national development priorities, but also to address urgent humanitarian needs. The first UNICEF program for 1995-1999 focused on such urgent needs as immunization , health , rehabilitation , nutrition , education and child protection ^[8] .

UNICEF also works with UN partners and humanitarian agencies to respond quickly to children's rights issues. In this regard, UNICEF launched a project based on children in conflict with the law in 2005. The objectives of the project include raising the awareness of police, judges and security / safety personnel about human rights / children with the law and creating an appropriate referral system to assist children in contact with law enforcement and justice ^[5] .

Regarding the project, the organization took the following measures:

Measures to integrate children with disabilities : UNICEF seeks to change attitudes towards children with disabilities in Azerbaijan by reforming home education and analyzing data collection.

Measures to support street children : UNICEF aims to improve social services for children at the community level, working on the streets, working with child protection agencies and NGOs .

Mine hazard education measures : In order to educate children about possible mine explosions / unexploded ordnance, UNICEF is working with local partners to add mine education education to the frontline school curriculum .

Previously, UNICEF helped several thousand children through direct assistance, today the organization is committed to systemic changes and touching the lives of all children in Azerbaijan. The UNICEF State Program for 2016-2020 will support Azerbaijan in its efforts to accelerate the implementation of the rights of children enshrined in the Convention on the Rights of the Child and contribute to the results related to the rights of children and adolescents provided for in Azerbaijan 2020: A Look into the Future "The concept of development, as well as other sectoral principles and strategies" ^[9] .

In 1998, the United Aid for Azerbaijan was created, aimed at "promoting the long-term development of life in Azerbaijan, with special attention to children, health and education." Although the organization is registered in the UK , UAFA operates exclusively in Azerbaijan. For 17 years, UAFA has gained wide fame both within Azerbaijan and in the international sector of social policy .

Pilot projects were introduced by UAFA in collaboration with government agencies to support children with disabilities and their families, preschool services for children from low-income families and the creation of small groups of social workers in regions where disability , poverty and location threaten family stability ^[10] .