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United Nations Committee on the Rights of the Child - States Parties Reports |
UNITED
NATIONS |
|
CRC |
|
Convention on the Rights of the Child |
Distr. GENERAL CRC/C/83/Add.13 7 April 2005 ENGLISH Original : RUSSIAN |
COMMITTEE ON THE RIGHTS OF THE
CHILD
CONSIDERATION OF REPORTS SUBMITTED STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Second
periodic reports of States parties due in 1999
AZERBAIJAN
*
[9 February 2004]
_____________
* For the initial report of the Government of Azerbaijan, see document CRC/C/11/Add.8; for its consideration by the Committee on 2 and 3 June 1997, see documents CRC/C/SR.390-392 and CRC/C/15/Add.77.
GE.05-40955 (EXT)
CONTENTS
Paragraphs Page
I. GENERAL MEASURES OF IMPLEMENTATION
(arts. 4, 42 and 44, para. 6) 9
– 32 6
II. DEFINITION OF THE CHILD (art. 1) 33 - 44 14
III. GENERAL PRINCIPLES 45 - 97 15
A. Non-discrimination (art. 2) 45 – 49 15
B. Best interests of the child (art. 3) 50 – 75 15
C. Right to life, survival and development (art. 6) 76 – 79 18
D. Respect for the views of the child (art. 12) 80 – 97 19
IV. CIVIL RIGHTS AND FREEDOMS 98 – 150 22
A. Name and nationality (art. 7) 98 – 105 22
B. Preservation of identity (art. 8) 106 – 115 24
C. Freedom of expression (art. 13) 116 - 120 25
D. Freedom of thought conscience and religion (art. 14) 121 – 123 25
E. Freedom of association and peaceful assembly (art. 15) 124 – 130 26
F. Protection of privacy (art. 16) 131 – 134 27
G. Access to appropriate information (art. 17) 135 - 138 27
H. The right not to be subjected to torture or other cruel,
inhuman or
degrading treatment (art. 37 (a)) 139 – 150 27
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE 151 – 200 29
A. Parental guidance (art. 5) 151 – 154 29
B. Parental responsibilities (art. 18, paras. 1-2) 155 29
C. Separation from parents (art. 9) 156 – 159 30
D. Family reunification (art. 10) 160 – 163 30
E. Illicit transfer and non-return (art. 11) 164 – 165 31
CONTENTS (continued)
Paragraphs Page
F. Recovery of maintenance for the child (art. 27, para. 4) 166 – 167 31
G. Children deprived of a family environment (art. 20) 168 – 177 32
H. Adoption (art. 21) 178 – 180 34
I. Periodic review of the treatment of children placed for
the purposes
of care (art. 25) 181 – 183 42
J. Abuse and neglect (art. 19), including physical and
psychological
recovery and social reintegration (art. 39) 184 – 200 43
VI. BASIC HEALTH AND WELFARE 201 – 269 46
A. Children with special needs (art. 23) 201 – 218 46
B. Health and health-care services (art. 24) 219 – 228 49
C. Social security and childcare services and facilities
(arts. 26 and
18, para. 3) 229 – 234 53
D. Standard of living (art. 27, paras. 1-3) 235 – 269 54
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES 270 – 371 59
A. Education, including vocational training and guidance
(art. 28) 270
– 300 59
B. Aims of education (art. 29) 301 – 360 64
C. Leisure, recreation and cultural activities (art. 31) 361 – 371 71
VIII. SPECIAL PROTECTION MEASURES 372 – 508 73
A. Children in situations of emergency 372 - 381 73
1. Refugee children (art. 22) 372 – 379 73
2. Children in armed conflicts (art. 38), including
physical
psychological recovery and social
reintegration (art. 39) 380 –
381 75
CONTENTS (continued)
Paragraphs Page
B. Children in conflict with the law 382 – 456 75
1. The administration of juvenile justice (art. 40) 382 – 447 75
2. Children deprived of their liberty, including any form
of
detention, imprisonment or placement in custodial
settings (art. 37
(b)-(d)) 448 – 450 86
3. The sentencing of juveniles, in particular the prohibition
of
capital punishment and life imprisonment
(art. 37 (a)) 451 –
456 87
C. Children in situations of exploitation, including physical
and
psychological recovery and social reintegration 457 – 496 88
1. Economic exploitation, including child labour (art.32) 457 – 469 88
2. Drug abuse (art. 33) 470 – 477 89
3. Sexual exploitation and sexual abuse (art. 34) 478 - 483 91
4. Sale, trafficking and abduction (art. 35) 484 – 489 91
5. Other forms of exploitation (art. 36) 490 – 496 92
D. Children belonging to minorities or indigenous peoples
(art.
30) 497 – 508 93
Introduction
1. The Republic of Azerbaijan acceded to the Convention on the Rights of
the Child by Act No. 236 of the Republic of Azerbaijan dated
21 July 1992.
The Convention entered into force for Azerbaijan on 13 August
1992.
2. Azerbaijan also acceded to the Convention on the Elimination of
All Forms of Discrimination against Women, on 10 July 1995, and
submitted its
initial report to the Committee on the Elimination of Discrimination against
Women, which was considered by the Committee
on 23 January 1998.
3. By
Act No. 652 dated 28 July 1993 Azerbaijan acceded to the Standard Minimum Rules
for the Administration of Juvenile Justice (the
“Beijing Rules”) of
29 November 1985.
4. Azerbaijan’s initial report under the
Convention on the Rights of the
Child[1] was considered by the
Committee on the Rights of the Child at its fifteenth session in 1997. The
Committee adopted concluding observations
on its consideration of that
report.[2]
5 Azerbaijan’s
second and third periodic reports have been compiled in accordance with the
general guidelines on the form and
content of reports submitted by States
parties under article 44, paragraph 1 (b), of the Convention. This report
covers the period
since the Government submitted its initial report
(1996-2003).
6. The Committee’s concluding observations on its
consideration of the initial report were taken into account in the drafting
of
the present report.
7. Pursuant to the recommendations of the Cabinet of
Ministers of the Republic of Azerbaijan, a number of measures were adopted, a
working group consisting of representatives of the relevant State agencies and
non-governmental organizations was set up, and a National
Plan of Action was
drafted. This Plan was approved on 16 December 1999 by the Commission on
Minors’ Affairs of the Cabinet
of Ministers.
8. The core
document[3] submitted in connection
with a number of international human rights instruments, including the
Convention on the Rights of the Child,
forms an integral part of this
report.
I. GENERAL MEASURES OF IMPLEMENTATION
(arts. 4,
42 and 44, para. 6)
9. Azerbaijan acceded to the Convention on the Rights of the Child
without any reservations.
10. During the period under consideration
Azerbaijan introduced a number of measures relating to the protection of the
rights of the
child, including several legislative acts directly applicable to
children’s problems.
11. In addition to the Constitution of the
Republic, adopted on 12 November 1995, the following legislation also promotes
and protects the rights of the child:
a) Legislative acts of the Republic of Azerbaijan:
b) Codes of the Republic
of Azerbaijan:
c) Decrees and orders of the
President of the Republic:
d) Decisions of the Cabinet of Ministers of the Republic
of Azerbaijan:
12. The Regulations on Commissions on
Minors’ Affairs and the Protection of their Rights approved by the Act of
31 May 2002
sets out the legal bases for the organization and work of these
commissions. Their fundamental purpose is to exert an influence
on the social
education of minors, protect their rights and legitimate interests, monitor
their conduct, prevent unlawful acts, and
coordinate the measures taken with
regard to these matters by the State and local authorities and by enterprises,
establishments
and organizations, regardless of their form of
ownership.
13. Within the framework of the approved plan for the main
areas of activity in the period 2000-2004 the Government, in conjunction
with
the UNESCO office in Azerbaijan, is carrying out a special programme for
children in particular need of care. A training session
on the results of the
work done during the year under this programme was held in December 1999. The
tasks and areas of work for
the coming years were
identified.
14. Presidential Order No. 932 of 18 July 1999 approved the
State Programme for the Protection of Human Rights. Pursuant to paragraph
22 of
this Programme, the State Programme for the Protection of the Rights of the
Child and Improvement of Education and Training
Work with Children was drafted
and subsequently approved by a Cabinet Order dated 22 July 2000.
15. The
main tasks of this Programme are to create favourable conditions and implement a
series of measures for the application of
the Convention on the Rights of the
Child and the Rights of the Child Act. The Programme also provides for the
implementation of
the following measures:
(a) Establishment of an
effective system to ensure children’s harmonious development and
improvement of the education and training
of the younger
generation;
(b) Improvement of the protection of
children;
(c) Protection of the health of mothers and
children;
(d) Improvement of food products;
(e) Consolidation of
the care of children with mental or physical disabilities who are in State
guardianship;
(f) Intensification of the work with families in need of
social protection;
(g) Adoption of measures to eliminate the
exploitation of child labour;
(h) Guarantee of the exercise of
children’s rights.
16. In accordance with the recommendations of
the Committee on the Rights of the Child and the requirements of the State
Programme,
work is proceeding on the drafting of a Policy Outline on work with
children. A system for collecting information about children
covering all
aspects of their lives and Convention-related matters has also been
devised.
17. The Rights of the Child Act reflects the principles of State
policy on the protection of children’s rights. The Act also
sets out the
obligations of State and other agencies in ensuring the protection of
children’s interests.
18. The Presidential Decree of 29 July 1999
“On State youth policy” approved the Plan of Action for the
Implementation
of Youth Policy, which addresses issues of the legal protection
of the child and the creation of favourable conditions for children’s
comprehensive development, as well as specifying measures to protect their
health.
19. For the purposes of assisting children who are living or
working in the street owing to the absence or failure of parental protection
or
their family’s low economic and social standard of living, the Cabinet of
Ministers, in its Decision No. 60s of 14 April
2003, approved the Plan of Action
to tackle the problems of homeless and street children. This Plan provides for
protection of these
children’s social and economic rights and sets out
measures to support their education and health care, the organization of
out-of-school activities, and international cooperation for their
benefit.
20. By its Decisions of 16 and 17 February 1999 the Cabinet
approved two State programmes, the first on enhancement of the education
of
young people in patriotic and civic values and the other on the young family,
which give particular attention to solving problems
of the health of mothers and
children, reproductive health, and the legal protection of
children.
21. The charity operating under the name “Azerbaijan
Children’s Fund”, which was founded as long as 15 years ago,
in
April 1988, has joined the International Association of Children’s Funds.
The Fund has offices in all of the country’s
towns and
regions.
22. On the Fund’s initiative, the Convention on the Rights
of the Child was translated into Azeri and published in 1996 by the
UNICEF
office in Azerbaijan in an edition of 7,500 copies.
23. A representative
of the Fund takes part, as a member of the Commission on Minors’ Affairs
of the Cabinet of Ministers, in
the working groups on the drafting of State
programmes on the protection of children’s rights.
24. The
Fund’s Convention-related charitable work is conducted under four main
programmes: orphaned children (art. 6); refugee
children (art. 22);
children’s health (art. 24); and children’s education (art.
26).
25. During the period 1996-2000 the Fund’s charitable work
amounted in monetary terms to 1,807,578,300,000 manat (1996 - 143,448,100,000;
1997 - 228,992,300,000; 1998 - 352,797,600,000; 1999 - 551,491,900,000; and 2000
- 530,848,300,000).
26. The following children’s organizations,
including charities, have been founded and are operating in Azerbaijan (the year
of foundation appears in parentheses):
27. A number of international
organizations are also working in Azerbaijan, including:
28. There has been
a marked increase of interest in recent years in the protection of
children’s rights and the diffusion of
information about the Convention on
the Rights of the Child. This is demonstrated by the emergence of new NGOs and
by the number
of projects initiated by groups consisting entirely of
schoolchildren and students (the children’s groups Nur and
Ushagdan ushaga cyulkh shyabyakyasi; the network for peace Ot rebenka k
rebenky; Khazar, Shafa, etc.)
29. The Ministry for Youth,
Sports and Tourism is responsible for coordinating all the work being done with
children, including the
work of NGOs.
30. To this end the National
Coordination Council for Children’s Affairs was established in February
2001 under the Ministry’s
auspices; its membership consists of permanent
representatives of 12 executive agencies of the State and the directors of some
30
children’s NGOs. The Coordination Council considers current problems,
sets up working groups to draft measures to ensure the
exercise of
children’s rights, and may lobby on any issue affecting
children.
31. Since its creation the Coordination Council has discussed
policy outlines on the children’s voluntary movement and the organization
of children’s summer holiday activities and has drafted urgent measures to
help children living or working in the street.
It is planning to discuss the
situation with respect to working children. The Council regularly considers
reports from NGOs and
information from State agencies concerning their work. At
least once a year the Ministry’s Central Administrative Board considers
the question of the work being done with children in various regions of the
country, including study of situations on the ground.
It is responsible for the
practical monitoring of compliance with the provisions of the
Convention.
32. The public is also informed about the principles and
provisions of the Convention through the conduct of all kinds of conferences,
seminars, forums and round tables. The mass media, both printed and electronic,
regularly put out material on the situation with
respect to the protection of
the rights of the child by means of talk shows, best-reportage competitions,
best-film competitions,
etc. State education, youth, culture and health
establishments run many competitions to publicize and increase awareness of the
provisions of the Convention. Several projects have been carried to make the
Convention known to children finding themselves in
difficult circumstances
(children living in refugee camps, boarding schools for orphans,
children’s colonies). A number of
options have been prepared for holding
training and educational courses on this subject.
II. DEFINITION OF THE CHILD (art. 1)
33. According to the Rights of the Child Act, any person under the age of 18
years is a child.
34. According to article 1 of the Act, the rights and
duties provided for in the Act apply to all persons below the age of 18
years.
35. Pursuant to article 28.2 of the Civil Code, the capacity to
act as a natural person in civil-law matters is fully acquired at
the age of
majority, i.e. on attaining the age of 18 years.
36. Pursuant to article
28.4 of the Code, a child who has reached the age of 16 years may be declared to
have full legal capacity
if he engages in an entrepreneurial activity under a
labour contract or with the consent of his or parents, adoptive parents or
guardians.
Such declarations of full legal capacity (emancipation) are made by
decision of a tutorship or guardianship agency with the consent
of both parents
or the adoptive parents or guardians or, failing that, by court
order.
37. Pursuant to article 28.6 of the Code, when the law allows
marriage before the age of 18 years, the minor in question acquires
full
legal capacity from the time of the marriage. Legal capacity acquired by
marriage is retained in all respects in the event
of divorce before the age of
18.
38. Article 250 of the Labour Code prohibits the employment of
persons aged under 18 in heavy work, work in harmful or hazardous conditions,
and work underground. A list of such heavy and harmful or hazardous work has
been approved by the Government.
39. Under article 258 of the Labour
Code, in exceptional circumstances children aged 14 or 15 may be allowed to work
in a family enterprise.
However, they may not be employed in heavy, hazardous
or harmful work or in night work. Such children may be employed only to
perform
light tasks which will help to develop the work habit or tasks essential to
their vocational training.
40. The minimum age for admission to work is
15 years (art. 42 of the Code). Children aged 14 may be allowed to work, with
their
parents’ consent, for periods of production-work experience as well
as at light tasks which have no harmful effects on their
health.
41. Article 91 of the Code stipulates a shorter working week of
24 hours for children aged up to 16 and of 36 hours for those aged
16 to 18. In
order to prevent any reduction of their wages, it also provides that they must
be paid the same amounts as persons
in the same category working a full
week.
42. Article 46 of the Code stipulates that parental consent is
required for the conclusion of a labour contract with persons aged
15 to
18.
43. The minimum age for admission to work established by Azerbaijani
law allows a child to complete his or her general secondary education.
Account
was taken in establishing this age of the ILO Minimum Age Convention, to which
Azerbaijan acceded in 1992.
44. Under article 51.5 of the Family Code, in
the event of infringement of a child’s rights or legitimate interests,
including
failure of either or both parents to discharge their duties with
respect to the child’s education or upbringing or abuse by
them of their
parental rights, the child is entitled independently to seek protection of his
rights before the competent executive
authority (the local tutorship and
guardianship agency) or, if he is aged 14 or over, before a court.
III. GENERAL PRINCIPLES
A.
Non-discrimination (art. 2)
45. According to article 25 of the Constitution, everyone is equal before
the law and the courts. The State is required to guarantee the equality of
rights and freedoms of all
persons regardless of race, ethnic origin, religion,
language, sex, social origin, property status, official position, beliefs, or
membership of political parties, trade unions or other voluntary organizations.
The establishment of restrictions or preferential
treatment with respect to
human and civil rights and freedoms on the basis of race, ethnic origin,
religion, language, sex, social
origin, beliefs or political or social
affiliation is prohibited.
46. Under article 17 of the Constitution, the
family, as the fundamental unit of society, enjoys the protection of the State.
The care of children and their upbringing is
a duty of the parents. The State
monitors the discharge of this duty.
47. According to article 6 of the
Rights of the Child Act, all children have equal rights. Children may not be
subjected to discrimination
regardless of their social or property status, state
of health, racial or ethnic origin, language, education, political opinions
or
residence, or the residence of their parents or the persons acting as their
parents. Children may not be held responsible for
the acts of their parents or
the persons acting as their parents. Children’s rights may not be limited
for reasons connected
with their parents. Regardless of whether a child was born
within or out of wedlock, he enjoys the same rights with respect to the
parents.
No limitation of a child’s rights or interests is legally
valid.
48. The Labour Code prohibits discrimination between workers on a
number of grounds, including age. The establishment of preferential
treatment,
benefits or additional guarantees in labour relations for workers under the age
of 18 is not regarded as discrimination.
49. An employer or other natural
person who permits discrimination between workers in labour relations incurs
liability under the
relevant legislation. A worker suffering discrimination may
submit a complaint to the courts with a request for restoration of his
or her
violated rights.
B. Best interests of the child (art. 3)
50. Under article 5 of the Rights of the Child Act, all natural and legal
persons must accord preference in their activities to the
best interests of the
child and create conditions for the exercise of children’s rights.
National legislation and the decisions
of the relevant agencies must not
conflict with children’s interests, and the application of such
legislation and decisions
must not cause any harm to their life, development or
upbringing. No transaction which limits children’s rights or impairs
their interests is legally valid.
51. In Azerbaijan the State furnishes support for families, mothers, fathers and children; it has established the following benefits and other guarantees of social protection:
52. A pension is paid to a child the event of the loss
of the family breadwinner, regardless of whether the child was dependent on
him.
The minimum amount of such a pension is fixed at 100 per cent of the minimum
old-age pension or 70,000 manat.
53. A monthly supplement equal to 50 per
cent of the minimum old-age pension is added to the pension due to a
breadwinner’s
children in respect of his or her death.
54. Pursuant
to article 23.2 of the Employment Act, the amount of the allowance paid to
persons supporting children under 18 is increased
by 10 per cent for each child
up to a limit of 50 per cent of the allowance.
55. Pursuant to article
24.4 of the Act, the unemployment benefit of an unemployed person supporting
children under 18 is increased
by 10 per cent for each child up to a limit of 50
per cent of the benefit.
56. In addition to benefits, the law also
prescribes the following rights.
57. Under article 9 of the Employment
Act, the State furnishes assistance in the search for a job to persons in
special need of social
protection who are experiencing difficulty in finding
employment by fixing job quotas for enterprises and organizations. The category
of persons in need of social protection includes young persons aged up to 20,
parents bringing up one or more children under the
age of majority, and women
bringing up disabled children.
58. Under article 117 of the Labour Code,
women with two children aged under 14 are entitled to two additional calendar
days of paid
leave, and with three or more such children or a disabled child
aged under 16 to five calendar days.
59. Fathers bringing up children
alone and persons with an adopted child are also entitled to additional paid
leave.
60. Article 124 of the Code prescribes paid study leave for
workers taking courses in an education establishment for the duration
of
laboratory work and when taking tests and examinations.
61. According to
article 127, a parent or another family member directly caring for a child aged
under three is entitled to childcare
leave on part pay, together with payment of
the social benefit.
62. Article 133 provides that leave from work may be
granted, at their wish and at a time convenient to them, to workers aged under
18 and women with two or more children under 14 or a disabled child under
16.
63. Pursuant to article 114.1 of the Family Code, the protection of
children’s rights and interests devolves on the tutorship
and guardianship
agency of the local authorities if the parents die or their parental rights are
removed or restricted, if they are
declared legally incapable, if they fall ill
or are absent for a long period, if they refuse to attend to a child’s
upbringing
or to protect his rights and interests, including refusal to remove a
child from a social protection institution, education or medical
facility or
other similar establishment, as well as in other cases of lack of parental
protection.
64. Under article 114.2 of the Code, it is the responsibility
of the competent tutorship and guardianship agency to identify and register
children lacking parental protection and, depending on the specific
circumstances of the loss of parental protection, to decide on
the best
placement arrangements for these children and monitor the conditions of their
maintenance, upbringing and education.
65. Article 114.3 prohibits
natural and legal persons, except for the tutorship and guardianship agencies of
local authorities, from
making any placement arrangements for children lacking
parental protection.
66. Article 115.1 requires officials of pre-school,
general education, health and other establishments and other persons in
possession
of information about children relating to the matters addressed in
article 114.1 of the Code to communicate such information to a
tutorship and
guardianship agency.
67. Within three days of the receipt of such
information the agency must investigate the circumstances of the child in
question and,
if it establishes that the child does in fact lack the protection
of his parents or close relatives, it must proceed to protect the
child’s
rights and interests until a decision is taken on the question of placement
(art. 115.2).
68. The directors of social protection institutions and
education, medical and other similar establishments housing children lacking
parental protection are required, within seven days of learning that a child may
be placed with a family, to report this fact to
the competent tutorship and
guardianship agency (art. 115.3).
69. Within one month from the receipt
of the information referred to in articles 115.1 and 115.2 of the Family Code
the competent
tutorship and guardianship agency must make arrangements for the
child’s care; if it is impossible to place the child with
a family in
accordance with article 115.5 the agency must submit the documents relating to
the child to the central registry (art.
115.4).
70. The competent local
authority agency enters in the central register the particulars of children who
have been deprived of parental
protection and proceeds to assist with their
placement with a family (art. 115.5).
71. Pursuant to article 115.6, the
procedure for the central registration of children lacking parental protection
is determined by
the Cabinet of Ministers.
72. The directors of the
establishments mentioned in article 115.3 of the Family Code and the officials
of the competent tutorship
and guardianship agencies may be held liable in
accordance with the procedure established by law for failure to discharge the
duties
specified in articles 115.2 to 115.5 of the Code, for knowingly
communicating false information, and for other acts designed to conceal
a
child’s placement with a family (art. 115.7).
73. Children lacking
parental protection may be placed with a family (for adoption or under a
tutorship, guardianship or fostering
arrangement) or when this is not possible
in a social protection institution, education or medical facility or some other
similar
establishment intended for such children or for orphans (art.
116.1).
74. The Cabinet of Ministers may establish other kinds of
placement arrangements for children lacking parental protection (art.
116.2).
75. Decisions on a child’s placement must take into account
his ethnic origin, religious and cultural affiliation and mother
tongue and be
designed to ensure the most favourable conditions for the child’s
education and upbringing.
C. Right to life, survival and development (art. 6)
76. Pursuant to article 8 of the Rights of the Child Act, every child has
the right to life and to physical and mental development
in normal conditions.
The State is responsible for implementing the necessary economic, socio-legal
and other measures and creating
the healthy and safe environment which
constitutes normal conditions.
77. In all cases involving the death of a
minor the law-enforcement and health agencies must follow the established
procedures for
registration of the child’s death and for the investigation
and inquest.
78. In cases of child suicide the police and the
procuratorial agencies must conduct an investigation in accordance with the
criminal
law, try to establish the reasons and the circumstances and take steps
to prevent their recurrence.
79. Fourteen child suicides were recorded in
1998, 18 in 1999, 15 in 2000, 32 in 2001 (21 of them boys) and 26 in 2002 (19 of
them
boys); in the first six months of 2003 there were 19 (15 of them boys).
Most of these suicides were aged between 14 and 17, and
60-70 per cent of them
were boys.
D. Respect for the views of the child (art. 12)
80. Pursuant to article 52 of the Family Code, children are entitled to express their views, when decisions are being taken in the family, on any question affecting their interests and to be heard during court or administrative proceedings. It is mandatory to hear the views of children aged 10 or older except when this is against their interests. In the cases provided for in the Code the court or the tutorship and guardianship agency may take a decision only with the consent of a child aged 10 years or older.
81. Under
article 59.1 of the Code of Civil Procedure, State agencies and individual
natural and legal persons are entitled in the
cases prescribed by law to apply
to the courts for protection of the rights and freedoms and the interests of
other persons protected
by law at their request or to bring an action for
protection of the rights of other persons. An action for protection of the
rights
of legally incapable persons or minors may be brought even when the
person concerned has not requested it.
82. According to article 197 of
the Code, the questioning of witnesses aged under 14 years and, at the
court’s discretion, of
witnesses aged 14 to 16 years must take place in
the presence of a representative of the educational establishment attended by
the
witness. When necessary, the parents, adoptive parents, tutors or guardians
of a minor witness may be called. With the permission
of the president of the
court these persons may put questions to the witness and also state their
opinions as to his personality
and the content of his evidence.
83. In
exceptional circumstances when such action is necessary in order to establish
the facts of the case, the court may order any
person involved in the case or
any other person present at the hearing to leave the courtroom when a minor
witness is to be questioned.
When a person involved in the case has returned to
the courtroom he or she must be informed of the details of the evidence given
by
the minor witness and offered an opportunity to question the
witness.
84. Pursuant to articles 87.8, 90.10, 91.9, 104.1, 226.3, 228.1
and 435 of the Code of Criminal Procedure, an injured party may exercise
rights
and discharge responsibilities either personally or through a representative.
The rights of injured parties who are under
age or legally incapable are
exercised on their behalf by their legal representatives in accordance with the
procedure prescribed
by the Code. The rights of minor and legally incapable
suspects are exercised on their behalf by their legal representatives in
accordance with the procedure prescribed by the Code. In the absence of a legal
representative of a legally incapable witness under
the age of 14 or of witness
aged over 14 but still a minor, the organ conducting the criminal proceedings
appoints a tutorship and
guardianship agency as such legal
representative.
85. As a rule, minors are questioned through their legal
representatives. A minor witness may be questioned regardless of his age
if he
can give either orally or in some other way information relevant to the case.
The questioning of a witness aged under 14 or,
at the court’s discretion,
14 to 16 must be conducted in the presence of an education professional and,
when necessary, a doctor
and the witness’s legal representative. Before
the questioning begins, these persons are given an explanation of their
obligations
and their right to be present during the questioning and, with the
prosecutor’s permission, to make comments and put questions.
A prosecutor
has the right to withdraw a question, but the question must be shown in the
record of the proceedings. The record
must also show all the comments of the
person questioned and the other persons taking part in the questioning.
Witnesses aged under
16 are given an explanation of their obligation to speak
nothing but the truth, but they are not warned as to their liability for
refusing to answer a question or give evidence or for knowingly giving false
evidence.
86. Criminal proceedings in respect of crimes committed by
minors must heard by the more experienced judges. In court proceedings
concerning a minor the president of the court must determine whether the
requirements of articles 429-434 of the Code have been satisfied.
Parents and
other legal representatives of a minor are entitled to take part in criminal
proceedings against the minor. In the
interests of the minor the court may on
its own motion accompanied by a statement of its reasons require such persons to
take part
in the hearing or deny them the right to participate when it has
grounds for believing such denial to be in the minor’s interest.
When
imposing punitive measures on a minor the court must be guided by the following
considerations:
(a) The measure must be consistent not only with the
circumstances and seriousness of the offence but also with the minor’s
situation and needs and equally the needs of society;
(b) A measure
involving deprivation of a minor’s liberty may be imposed only after a
meticulous consideration of the question
of deprivation of liberty and with the
possibility of commutation;
(c) A measure of deprivation of liberty is
not appropriate unless the minor has been found guilty of the repeated
commission of a
serious or exceptionally serious crime or a crime having serious
consequences, committed deliberately and with violence, or some
other serious
crime;
87. If at the time of its final decision the court concludes that
the minor is susceptible of correction without the imposition of
a punitive
measure, it may release him without imposing such a measure and order instead
compulsory measures of a re-educational
nature.
88. Pursuant to articles
429-434 of the Code, in criminal proceedings against a minor the following
details must be established, in
addition to the facts of the
case:
(a) The minor’s age (year, month and day of
birth);
(b) The minor’s family circumstances;
(c) The
minor’s level of physical, intellectual and mental
development;
(d) When other persons participated in the crime committed
by the minor, the possibility of bringing criminal proceedings against
them.
89. Pre-trial proceedings in respect of crimes committed by minors
may be conducted only in the form of a preliminary investigation.
If a minor
participated in the commission of a crime together with other persons, then at
the pre-trial stage separate criminal
proceedings must if possible be instituted
against the minor. However, separate proceedings may not be brought against a
minor when
this would create substantial obstacles to the comprehensive, full
and objective investigation of the circumstances of the
case.
90. Preliminary investigations in respect of minors must if
possible be conducted by special units of the competent preliminary
investigation
agencies or by persons possessing appropriate experience of
working with minors. Criminal proceedings against a minor must be conducted
without any delay. The participation of the minor’s defence counsel is
mandatory. Contacts between the minor and the investigator
during the
preliminary investigation are subject to the conditions of proper recording of
the facts of the case, considerate treatment
of the minor, due concern for the
minor’s welfare, and prevention of any harm to him. The basic procedural
guarantees of the
following rights must be applied at all stages of the
preliminary investigation: the right to be informed of the charge; the right
to
refuse to give evidence; the right to the services of defence counsel; the right
of parents or other legal representatives to
participate; and the right to
confidentiality.
91. When conducting investigations involving a child
aged under 16 who exhibits signs of mental deficiency the prosecutor must ensure
that an education professional or psychologist is present. The termination of
criminal proceedings against a minor is permitted
in all cases with the consent
of the minor or his parents or other legal representatives. When making a
declaration to a minor concerning
the termination of a preliminary investigation
and transmitting to the minor the documents in a criminal case, the investigator
or
prosecutor in charge of the procedural aspects of the investigation has the
discretionary right to issue an order, supported by his
reasons, that any
documents in the case which may have a negative effect on the minor shall not be
transmitted to him. In such circumstances
it is mandatory for the minor’s
defence counsel or legal representative to be informed about these documents.
The arrest of
a minor must be notified immediately to his parents or other legal
representatives. If immediate notification is impossible, the
minor’s
parents or other legal representatives must be notified of his arrest with as
little delay as possible.
92. On learning of the arrest of a minor the
judge performing the function of court supervision and the prosecutor in charge
of the
procedural aspects of the preliminary investigation must immediately
consider the question of the minor’s release or continued
detention,
except in the cases referred to in articles 434.1 and 434.2 of the Code. The
imposition of preventive detention on a
minor who is suspected of or has been
charged with a crime is permissible only when he is alleged to have committed a
violent crime
of minimal seriousness or a serious or exceptionally serious
crime. The imposition of preventive detention on a minor is permissible
only as
an exceptional measure and for as short a time as possible. When in custody
minors must be held separate from other persons.
They must be cared for, have
the services of defence counsel and enjoy any other individual assistance
required in the light of
their age, sex or personal
characteristics.
93. Under article 373 of the Code of Administrative
Offences, the interests of a minor natural person against whom administrative
proceedings have been instituted, of a minor injured party or of a person who by
reason of physical or mental disability cannot exercise
his rights in
administrative cases independently may be defended by his legal
representatives.
94. The legal representatives of the interests of a
natural person are his parents, adoptive parents, tutors or guardians. If a
natural
person against whom administrative proceedings have been instituted or
an injured party has no legal representatives of his interests,
the competent
official handling the administrative proceedings shall deem the tutorship and
guardianship agencies to be the legal
representatives of such person’s
interests. The degree of kinship of the legal representatives of a natural
person with that
person and their corresponding powers must be verified by
production of the documents specified by law. The legal representative
of the
interests of a natural person against whom administrative proceedings have been
instituted and the legal representative of
an injured party may exercise in
respect of the rights provided for in the Code in respect of those persons and
they have the corresponding
duties. When hearing an administrative action
brought against a child aged under 18 the judge or the competent organ or
official
is entitled to deem the presence of his legal representatives
mandatory.
95. Under article 376 of the Code, the presence of counsel is
mandatory at hearings on administrative offences committed by minors,
blind or
deaf persons or other persons who by reason of physical or mental disability
cannot independently exercise their rights
in proceedings concerning
administrative offences carrying penalties in the form of administrative
detention. If counsel for a person
against whom administrative proceedings have
been instituted cannot appear, the judge or the competent organ or official
provides
such person with the legal assistance of a lawyer in accordance with
the procedure established by law. The cost of legal assistance
for a person
under administrative arrest who cannot afford to pay for a lawyer out of his own
pocket is met by the State. In such
cases a lawyer may not refuse to perform
the duties in question.
96. Pursuant to article 377.4 of the Code, the
questioning of children aged under 14 must be conducted in the presence of an
education
professional or psychologist. When necessary, a minor may also be
questioned in the presence of his representative.
97. Under article 145.3
of the Family Code, a child’s views on the matter must be heard before he
is placed with a foster family.
Children aged 10 or older may be placed with a
foster family only with their consent.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name and
nationality (art. 7)
98. Pursuant to article 10 of the Rights of the Child Act, all children
must be registered at birth in accordance with the law and
thus acquire
Azerbaijani nationality. A child’s name is given with the common consent
or on the instructions of the parents
or if the parents are absent with the
consent or on the instructions of a tutorship agency.
99. Under article
53 of the Family Code, a child has the right to a forename, a patronymic and a
surname. The forename is given by
agreement between the parents, and the
patronymic is taken from the father’s forename. The surname is determined
by the surnames
of the parents. If their surnames are different, the child
takes the father’s or the mother’s surname by agreement between
the
parents. If the parents cannot agree on the child’s forename or surname,
the matter is settled by the competent local
authority. If the child’s
paternity has not been established, the forename is chosen by the mother, the
patronymic is taken
from the forename of the person recorded as the
child’s father in accordance with article 46.3 of the Family Code, and the
surname is determined by the mother’s surname.
100. According to
article 54 of the Code, on joint application by the parents before a
child’s eighteenth birthday the competent
local authority, acting in the
child’s interests, may give permission for the child’s forename to
be changed or for his
surname to be changed to the surname of the other parent.
The name or surname of a child aged 10 or older may be changed only with
his
consent.
101. Under article 20 of the Citizenship Act, if both parents or
the only parent of a child living in Azerbaijan renounces Azerbaijani
citizenship and no longer participates in the upbringing of the child, for whom
Azerbaijani citizens have been appointed tutors or
guardians, then, upon
application of the parents, a tutor or a guardian, the child shall retain his
Azerbaijani citizenship.
102. Under article 21 of the Act, if one of the
parents has acquired Azerbaijani citizenship and the other is a foreigner, the
child
may acquire Azerbaijani citizenship upon application of the parent who
acquired Azerbaijani citizenship and with the consent of the
parent who is a
foreigner. If one of the parents of a child living in Azerbaijan has acquired
Azerbaijani citizenship and the other
parent is a stateless person, the child
acquires Azerbaijani citizenship. If one of the parents of a child living
outside Azerbaijan
has acquired Azerbaijani citizenship and the other parent is
a stateless person, the child may acquire Azerbaijani citizenship upon
application of the parent who acquired Azerbaijani citizenship and with the
consent of the parent who is a stateless person.
103. According to
article 22 of the Act, if the Azerbaijani citizenship of one of the parents is
terminated and the other parent remains
an Azerbaijani citizen, their children
retain Azerbaijani citizenship. Upon application of the parent whose
Azerbaijani citizenship
has been terminated, and with the consent of the parent
who has remained an Azerbaijani citizen, the child may be allowed to renounce
Azerbaijani citizenship.
104. Under article 23, when a foreign or
stateless child is adopted by citizens of Azerbaijan, the child acquires
Azerbaijani citizenship.
If one of the spouses who adopted a foreign child is a
citizen of Azerbaijan and the other is a stateless person, the child is
considered
to have acquired Azerbaijani citizenship. If one of the spouses who
adopted a foreign child is a citizen of Azerbaijan and the other
is a foreigner,
the child may acquire Azerbaijani citizenship upon agreement between the
adoptive parents. If one of the spouses
who adopted a stateless child is a
citizen of Azerbaijan and the other is a stateless person, the child acquires
Azerbaijani citizenship.
If one of the spouses who adopted a stateless child is
a citizen of Azerbaijan and the other is a foreigner, the child may acquire
Azerbaijani citizenship upon agreement between the adoptive
parents.
105. Under article 24, when a child who is a citizen of
Azerbaijan is adopted by foreigners, the child’s Azerbaijani citizenship
is terminated when the adoptive parents submit an application to that effect.
If one of the spouses who adopted an Azerbaijani child
is a citizen of
Azerbaijan and the other is a foreigner, the adopted child retains his
Azerbaijani citizenship. The child may renounce
Azerbaijani citizenship upon
application of the adoptive parents. If both spouses who adopted a child who is
a citizen of Azerbaijan
are stateless persons, or if one of them is a citizen of
Azerbaijan and the other is a stateless person, the child retains his
Azerbaijani
citizenship.
B. Preservation of identity (art. 8)
106. Pursuant to article 17 of the Rights of the Child Act, a child has the right to family life with his parents and to enjoy their care.
107. Article 50 of the Family Code provides for the
right of the child to enjoy family relations with his parents and other
relatives.
108. If the parents’ marriage ends in divorce or is
annulled, the fact that the parents live apart does not affect their
children’s
rights. If his parents live apart, a child still has the right
to family relations with each of them. If his parents are living
in different
States, a child likewise retains the right to family relations with each of
them.
109. Under article 25 of the Citizenship Act, in the cases
mentioned in articles 19-24 of the Act the citizenship of children aged
14 to 18
may be changed only with their consent.
110. Articles 114-116 of the
Family Code address the protection of the rights and interests of children
lacking parental protection.
Such children may be placed in the care of a
family (for adoption, or under a tutorship, guardianship or fostering
arrangement)
or, when this is not possible, in a social protection, education,
health or other similar establishment intended for children lacking
parental
protection and for orphans. The Cabinet of Ministers may establish other forms
of placement for such children. Decisions
on a child’s placement must
take into account his ethnic origin, religious and cultural affiliation and
mother tongue and be
designed to secure the most favourable conditions for his
education and upbringing.
111. Until a child lacking parental protection
is placed in a family or an institution the discharge of the duties of guardian
is
transferred temporarily to the tutorship and guardianship agencies of the
local authority.
112. According to article 3 of the Children Lacking
Parents and Parental Support (Social Protection) Act, the social protection of
such children and children assimilated to them is provided by the State in
accordance with the legislation in force.
113. Within their several
spheres of competence the Cabinet of Ministers, the Ministry of Health, the
Ministry of Labour and Social
Welfare, the Ministry of Education and the
Ministry for Youth, Sports and Tourism formulate and implement special social
protection
programmes for children lacking parents and parental support and
children assimilated to them, making use of special centralized
accommodation
facilities as well as education and social services establishments, etc., and
creating State institutions for social
re-education and
rehabilitation.
114. In 2002 the Ministry for Youth, Sports and Tourism,
with UNICEF support, established around an NGO a drop-in centre for children
living or working in the street. One of this centre’s programmes focuses
on work with the children’s parents or guardians.
115. According to
article 9 of the Children Lacking Parents and Parental Support (Social
Protection) Act, the protection of such children
and children assimilated to
them is the responsibility of the children themselves, their legal
representatives, tutors and guardians,
the competent local authorities, court
and procuratorial bodies, municipalities and voluntary and trade-union
organizations, in accordance
with the procedures prescribed by law.
C. Freedom of expression (art. 13)
116. Article 14 of the Rights of the Child Act provides for the right of
every child to freedom of conscience, thought and speech.
Parents and other
persons and the agencies of the State must treat children’s freedom of
conscience, thought and speech with
respect. The involvement of children in
religious rites which may harm their health is prohibited.
117. Article
15 of the Act establishes the right of every child to seek, receive, use and
impart information in accordance with the
law.
118. Under article 52 of
the Family Code, a child is entitled to express his opinion in the course of the
resolution in his family
of any issue affecting his interests and to be given a
hearing in any court or administrative proceedings. It is mandatory to take
account of the opinions of children aged 10 and older except when this conflicts
with their interests. In the cases specified in
the Family Code a court or a
tutorship and guardianship agency may take decisions affecting children aged 10
and older only with
their consent.
119. Pursuant to article 5 of the
Freedom of Information Act, the protection of the security of individuals,
society and the State is one of the fundamental principles of the regulation of
the
freedom of information in Azerbaijan.
120. All these considerations
are reflected in practice in the fact that children associate freely in
voluntary organizations and
activity groups, where they have opportunities, with
help from adults, to hold forums, conferences and debates; children also speak
through the mass media, sometimes even initiating on television the creation of
different formats.
D. Freedom of thought, conscience and religion (art. 14)
121. Pursuant to article 47 of the Constitution, everyone has the right
to freedom of thought and speech. No one may be forced to divulge or renounce
his thoughts or beliefs.
Agitation and propaganda which incite racial, ethnic,
religious or social discord and hatred are prohibited.
122. Pursuant to
article 48 of the Constitution, everyone has the right to freedom of conscience
and the right freely to determine his attitude to religion, independently or
together
with others to profess any religion or none, and to express and
disseminate opinions which reflect his attitude to religion. The
performance of
religious rites is permitted insofar as it does not disrupt the public order or
conflict with public morals.
123. As pointed out earlier, under article
14 of the Rights of the Child Act every child enjoys the freedom of conscience,
thought
and speech. Parents and other persons and the agencies of the State
must respect the right of the child to freedom of conscience,
thought and
speech. The involvement of children in the performance of religious rites which
may have a harmful influence on their
health is prohibited.
E. Freedom of association and peaceful assembly (art. 15)
124. Pursuant to article 49 of the Constitution, everyone has the right to freedom of assembly. Everyone has the right, provided that the relevant State bodies have been notified in advance, to hold meetings, rallies, demonstrations and street processions and to picket together with others, peacefully and without weapons.
125. Pursuant to article 58 of the
Constitution, everyone has the right freely to associate with others and to
create any association, including a political party, a trade union
or any other
voluntary association, or to join an existing association. All associations are
guaranteed freedom of activity. No
one may be forced to join or remain a member
of any association.
126. Under article 26 of the Rights of the Child Act,
children have the right to establish or to join voluntary organizations or
activity
groups at their place of schooling or residence, in accordance with the
procedure prescribed by law. The involvement of children
or their voluntary
organizations and activity groups in politics is prohibited.
127. Since
the beginning of 2001 there has been a vigorous increase in the number of
activity groups for older pupils. These groups
generally carry out small
projects designed to promote children’s study of their rights. They are
based in children’s
resource centres established with UNICEF
support.[4]
128. The right of
children to form voluntary organizations and associations is established in the
Non-Governmental Organizations and
Foundations Act.
129. Azerbaijan
currently has more than 40 NGOs working directly with children. Of this total,
the Azerbaijan Children’s Association,
the Scouts Association of
Azerbaijan and the Children’s Union of Azerbaijan draw their membership
mainly from children and
have branches in many areas of the country. The other
NGOs carry out various programmes and projects relating to protection of the
rights of the child, social welfare, provision of assistance to children with
disabilities and to orphans, rehabilitation of children
of refugee families and
internally displaced persons (forcibly displaced persons), and environmental
education.
130. In order to promote the children’s voluntary
movement and the role of NGOs in tackling children’s social problems
the
Ministry for Youth, Sports and Tourism has drafted a Policy Outline on the
promotion of the children’s movement. On 17
July 1999 the Ministry
created its
Children’s Affairs Division.
F. Protection of privacy (art. 16)
131. Under article 32 of the Constitution, everyone has the right to
keep their personal and family life private. Interference in private life is
prohibited. The collection,
storage, use and dissemination of information about
a person’s private life without his consent is prohibited. The State
guarantees
everyone the right to privacy of correspondence and telephonic,
postal and telegraphic communication and of information transmitted
by other
means of communication.
132. Article 33 of the Constitution states that
everyone is entitled to inviolability of their home. Except as provided by law
or under a judicial order, no one may
enter a private home without the
occupant’s consent.
133. Article 46 of the Constitution states that
everyone has the right to defend his honour and dignity. Personal dignity is
protected by the State. No circumstance
may be invoked to justify degrading an
individual.
134. The criminal law establishes criminal liability in
respect of offences against the human and civil rights embodied in the
Constitution. The Criminal Code contains articles establishing liability in
respect of violation of the confidentiality of correspondence, telephone
conversations and postal, telegraphic and other communications (art. 155) or
infringement of the inviolability of private life (art.
156) or of the home
(art. 157).
G. Access to appropriate information (art. 17)
135. Everyone has the freedom to seek, acquire, transmit, compile and
disseminate information by lawful means. The freedom of mass
information is
guaranteed. State censorship of the mass information media, including the
press, is prohibited (Constitution, art.
50).
136. Under article 34 of
the Mass Information Media Act of 7 December 1999, the State radio and
television broadcasting organization
makes and broadcasts educational programmes
and special programmes for children and young people.
137. According to
article 15 of the Rights of the Child Act, all children have the right to seek,
receive, transmit and disseminate
any information necessary for their mental or
physical development.
138. Article 242 of the Criminal Code establishes
criminal liability in respect of the unlawful preparation for the purposes of
dissemination
or advertising and the dissemination or advertising of
pornographic materials or objects and unlawful trade in printed publications,
cinema or video films, graphic representations or other items of a pornographic
nature.
H. The right not to be subjected to torture or other
cruel, inhuman or
degrading treatment or punishment (art. 37
(a))
139. The Republic of Azerbaijan acceded to the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment
by Act No. 103-IQ
of 31 May 1996. This Convention entered into force for Azerbaijan on 15
September 1996.
140. The initial report of Azerbaijan on the measures
taken in discharge of its obligations under the
Convention[5] was considered by the
Committee against Torture in 1999. The Committee’s conclusions and
recommendations following its consideration
of the report are contained in
document A/55/44, paragraphs 64-69.
141. In November 2001 the Government
submitted to the General Assembly of the United Nations its second periodic
report, which the
Committee against Torture was scheduled to consider in
2003.
142. Torture is a criminal offence in Azerbaijan. Article 113 of
the Criminal Code establishes criminal liability for the infliction
of physical
pain or psychological suffering on persons subject to detention or some other
form of deprivation of liberty.
143. Article 133 of the Criminal Code
prescribes penalties for inflicting physical pain or psychological suffering by
systematic beatings
or other violent acts.
144. Azerbaijan has recognized
the competence of the United Nations treaty bodies to receive and consider
communications from individuals
claiming to be victims of violations of human
rights. Azerbaijan has acceded to the Optional Protocol to the International
Covenant
on Civil and Political Rights and the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against
Women. It
also made a declaration under article 22, paragraph 1, of the Convention against
Torture recognizing the competence of
the Committee against Torture to receive
and consider communications from persons claiming to be victims of violations of
the provisions
of the Convention.
145. Article 60 of he Constitution
guarantees protection of the rights and freedoms of all persons before the
courts. Anyone may submit a complaint to the courts against
decisions or acts
(or omissions) of State agencies, political parties, trade unions and other
voluntary organizations and their officials.
146. Pursuant to article
46.2 of the Code of Criminal Procedure, a declaration by a natural person is one
of the grounds for the institution
of criminal proceedings.
147. Pursuant
to a presidential decree of 11 October 1999 a centre for the training and
further training of the staff of correctional
establishments and remand centres
was set up within the Ministry of Justice. The Convention against Torture was
included in the
centre’s curriculum as a separate subject.
148. A
special compilation of documents produced in 2000, including the Convention
against Torture, the recommendations of the Committee
against Torture and other
materials, was distributed for use by all the country’s law-enforcement
agencies.
149. Article 57.2 of the Criminal Code prohibits the imposition
of life imprisonment on women, on persons who were aged under 18 at
the time of
commission of the crime, or on men who are aged 60 or older at the time of
sentencing.
150. Article 15.2 of the Code of Criminal Procedure prohibits
during criminal investigations: torture or the use of physical or psychological
force, including medication, starvation, hypnosis, deprivation of medical care,
or other cruel, inhuman or degrading treatment or
punishment; forced
participation in lengthy experiments or other judicial measures, including
experiments or measures involving
severe physical suffering or temporary
impairment of health, as well as other similar ordeals; and the extraction of
evidence from
a victim, a suspect, a person who has been charged or any other
person involved in criminal proceedings by means of force, threats,
deception or
other unlawful acts which infringe their rights.
V. FAMILY ENVIRONMENT AND ALTERNATIVE
CARE
A. Parental guidance (art. 5)
151. Under article 56 of the Family Code, parents have equal rights and equal responsibilities with respect to their children. The parental rights and responsibilities set out in chapter XII on “Rights and duties of parents” end when the child in question reaches the age of majority or, before reaching that age, marries or acquires full legal capacity in the cases permitteded by law.
152. Under article 58 of the Code,
parents have the right and are obliged to attend to the upbringing of their
children. Parents
are responsible for the upbringing and health of their
children and their mental, physical and spiritual development. Parents have
a
preferential right over all other persons with respect to the upbringing of
their children. In pursuit of the best interests of
their children parents have
the right to choose their education establishment and form of education until
the children embark on
their basic general education. The State may interfere
with these parental rights and responsibilities in accordance with the
procedures
prescribed by law but only when the best interests of the child so
require.
153. Article 59 obliges parents to protect their
children’s rights and interests. Parents may act in defence of their
children’s
rights and interests as their legal representatives against any
natural or legal persons without special authorization. In the event
of a
conflict between the rights of parents and their children, the competent local
authority is required to appoint a representative
to defend the children’s
rights and interests.
154. Under article 60, parents may not exercise
their rights to the detriment of the rights of their children. Parents must
resolve
all issues relating to the upbringing and education of their children by
mutual consent on the basis of respect for the children’s
rights and
interests and consideration of their opinions (a child’s affection for his
brothers and sisters and for each parent,
the parents’ moral and other
personal qualities, the child’s age, and creation of the conditions for a
child’s
development and education).
B. Parental responsibilities (art. 18, paras. 1-
2)
155. Pursuant to article 19 of the Rights of the Child Act, parents have
equal rights and equal responsibilities with respect to their
children’s
upbringing. They are obliged to raise their children in good health and educate
them in the light of universal
and national human values and prepare them to
lead independent lives. The fundamental duties of parents are to attend to the
development
of their children’s abilities, make provision for their
material and moral needs, and protect their rights and interests.
Agencies of
the State are permitted to interfere in the exercise by parents of their rights
and responsibilities with respect to
their children only in the cases prescribed
by law and only in a child’s best interests. Such agencies are liable on
the terms
prescribed by law for any material harm which they cause to a child or
his parents, adoptive parents, tutors or guardians.
C. Separation from parents (art. 9)
156. Pursuant to article 64 of the Family Code, parents (or either one of them) may be deprived of parental rights if they:
(a) Refuse to
discharge their parental responsibilities;
(b) Persistently refuse to
pay maintenance;
(c) Decline without good reason to remove a child from
a maternity home or any other health or education institution of the social
welfare services or from a similar establishment;
(d) Abuse their
parental rights;
(e) Treat their children cruelly or subject them to
physical or mental pressures;
(f) Suffer from chronic alcoholism or drug
addiction;
(g) Deliberately commit an offence injurious to the health or
life of a child or a spouse.
157. Pursuant to article 65, the removal of
parental rights is a matter for the courts. Cases concerning the removal of
parental
rights are heard by the courts on the application and with the
participation of the agencies or institutions responsible for protecting
minors’ rights.
158. Under article 66, persons deprived of parental
rights lose all the rights stemming from the fact of their kinship with the
child
in respect of whom the rights were removed, including the right to receive
maintenance from the child and entitlement to the preferential
treatment and
State allowances accorded to citizens with children. Removal of parental rights
does not release parents from their
duty to maintain their child. When it is
impossible to place a child with the other parent or when both parents have lost
their
parental rights, the child may be placed in the care of the competent
local authority.
159. Under articles 67.1 and 67.2, parents (or either
one of them) may have their parental rights restored following a change of
life-style,
behaviour or attitude to the upbringing of their child. Restoration
of parental rights is a matter to be decided by the courts on
the application of
the parents (or either one of them) who were deprived of their rights.
D. Family reunification (art. 10)
160. Pursuant to article 60.4 of the Family Code, a child’s
residence when the parents live apart is determined by agreement
between the
parents. Any disagreement on this score is settled by the courts on the basis
of the child’s rights and interests
and in the light of his opinions (the
child’s affection for his brothers and sisters and for each parent, the
parents’
behaviour and other personal qualities, the child’s age,
and the creation of the conditions for the child’s development
and
education).
161. Under article 61 of the Code, a parent living apart from
his or her children is entitled to maintain a relationship with them
and
participate in decisions relating to their upbringing and education. The parent
with whom a child is living must not obstruct
his relationship with the other
parent provided that it does not harm the child’s physical or mental
health or moral development.
Parents living apart from their children are
entitled to conclude a written agreement on the arrangements for the exercise of
their
parental rights.
162. Any disagreement between the parents is
settled by the courts with the assistance of the tutorship and guardianship
agency of
the local authority at the request of the parents (or either one of
them). Action is taken against a parent who does not comply
with a court
decision in accordance with the civil procedure legislation. In the event of
persistent failure to comply, the court,
at the request of the parent living
apart from the child, may order the child to be transferred to that
parent’s care, having
considered the child’s rights and interests
and his opinions on the matter. A parent living apart from a child is entitled
to receive information about the child from social welfare institutions and
education, health and other establishments. Such information
may be denied only
if the parent constitutes a threat to the child’s life or health.
Objections to refusals to provide information
may be raised before the
courts.
163. Article 10 of the Labour Migration Act prohibits the
imposition of restrictions on the reunification of migrant workers with
their
families.
E. Illicit transfer and non-return (art. 11)
164. Article 318 of the Criminal Code establishes criminal liability in
respect of crossing the defended State frontier of the Republic
of Azerbaijan
without the required documents or at a place other than a crossing point manned
by border-control officers.
165. At a regular meeting of the Council of
Heads Government of the Commonwealth of Independent States (CIS) on 7 October
2002, Azerbaijan
signed the Agreement on cooperation among the CIS States
regarding the return of minors to the States of their permanent
residence.
F. Recovery of maintenance for the child (art. 27, para. 4)
166. Pursuant to article 75 of the Family Code, parents have an
obligation to maintain their children. The ways and means of providing
for
their children’s maintenance are determined by parents independently.
Parents are entitled to conclude agreements on the
maintenance of their minor
children (child-support agreements). If parents fail to provide for their
children’s maintenance,
the means of such maintenance (child support) is
recovered from the parents by court order. If the parents cannot agree on the
payment
of child support or they (or either one of them) do not provide such
support, in the absence of an application pending before the
courts the
competent local authority (the local tutorship and guardianship agency) is
entitled to bring an action for the recovery
of maintenance in respect of minor
children from their parents (or either one of them).
167. Cabinet
Decision No. 179 of 7 November 2001 contains the following provisions designed
to improve the social protection of children
lacking parents and parental
support:
(a) To purchase textbooks and school materials for children
lacking parents and parental support for the duration of their attendance
at
State higher or secondary special education establishments, using the resources
of the establishment in question or, instead of
supplying textbooks and school
materials, to award such children a cash payment of 180,000
manat;
(b) To provide children lacking parents and parental support, on
the completion of their attendance at State general secondary or
secondary and
higher vocational education establishments, with seasonal clothing and footwear
paid for from the expenditure budget
of the establishment in question, in an
amount equal to 25 times the official financial unit, in accordance with Cabinet
Decision
No. 15 of 17 January 1994 on the regulations governing the provision of
clothing, footwear and minor items for children and adolescents
being brought up
in regular boarding schools of all kinds, boarding schools for children with
mental or physical disabilities, children’s
homes, and boarding schools
for orphans and children lacking parental support, and the award of a one-off
cash payment of not less
than twice the average monthly wage for the whole
country;
(c) To provide children lacking parents and parental support,
at the time when they take up their first employment, with clothing,
footwear,
minor items and equipment paid for from the resources allocated under the
“Education expenditure” section of
the central State expenditure
budget, in accordance with the regulations set out in Cabinet Decision No. 15 of
17 January 1994, and
with a one-off cash payment of not less than five
times the average monthly wage for the whole country.
G. Children deprived of a family environment (art.
20)
168. Pursuant to article 31 of the Rights of the Child Act, the protection of
children lacking parental support is achieved by placing
them in other families
for adoption, tutorship or guardianship or, when these measures are not
possible, by placing them in an appropriate
children’s institution. For
the purposes of determining the type of placement, consideration must be given
to a child’s
ethnic origin and religious, cultural and language
affiliation and to the continuity of his education. Children lacking parental
support who are housed in children’s institutions enjoy the full services
of the State.
169. In accordance with the Children Lacking Parents and
Parental Support (Social Protection) Act, adopted on 22 June 1999, children
and
young people are under the protection of the State until age 23. This Act also
provides that children lacking parents and parental
support shall receive, at
the expense of the State budget, free food, clothing, accommodation, education
and medical care. Under
article 5 of the Act, the guardians of children in this
category must be paid monthly allowances by the State. Grants are also provided
for the purchase of textbooks for the duration of a student’s attendance
at an institute of higher or secondary special education.
They are also
entitled to free use of all means of public transport.
170. On completion
of their secondary or higher education these children must be provided with free
seasonal clothing and footwear
and given a one-off cash payment of not less than
two average wages.
171. Under article 6, when necessary they must be
provided with free vouchers for sanatorium treatment.
172. During time
spent studying, serving in the armed forces or held in a place of detention they
retain the right to their own living
accommodation or to the place which they
enjoyed in their parents’ accommodation where they previously
lived.
173. Under article 7, orphaned children lacking any previous
living accommodation must be provided with such accommodation three months
before the completion of periods of study, service in the army or confinement in
a place of detention.
174. Under article 8, one in 50 jobs must be
reserved for children lacking parents and parental support. When such children
take
up there first employment, the competent State agency must provide them
with clothing, footwear and any necessary equipment and make
them a one-off
payment of not less than 15 times the average wage.
175. In accordance
with article 114 of the Family Code, the protection of children’s rights
and interests becomes a responsibility
of the competent executive agency (whose
powers are exercised by local tutorship and guardianship agencies) in the event
that the
parents die, have their parental rights removed or restricted, are
declared legally incapable, fall ill, are absent for a long period,
or refuse to
bring their children up or to protect their rights and interests, including
refusal to take their children out of an
education, health or social welfare
institution or some similar establishment, as well as in other instances of lack
of parental
protection. The competent executive agency maintains a central
register of information on children lacking parental protection and
organizes
their placement in families. The procedure for keeping this central register is
determined by the Cabinet of Ministers.
176. Under article 116 of the
Family Code, children lacking parental protection may be placed in a family (for
adoption or under a
tutorship, guardianship or fostering arrangement) or, when
this is not possible, in an education, health or social welfare institution
or
some other similar establishment intended for such children and orphans. The
Cabinet of Ministers may determine other forms of
placement. For the purposes
of a child’s placement consideration must be given to his ethnic origin,
religious and cultural
affiliation, mother tongue, and the need to provide the
most favourable circumstances for his upbringing and education.
177. Free
shows, concerts, creative events and opportunities for participation in various
festivals are arranged for children lacking
parental protection and children
from refugee families.
Boarding institutions for children
|
1998
|
1999
|
2000
|
2001
|
2002
|
|
---|---|---|---|---|---|---|
CHILDRENS’HOMES (under-fives)
|
4
|
4
|
4
|
4
|
4
|
4
|
Total inmates |
181
|
181
|
184
|
197
|
191
|
173
|
Including orphans
|
122
|
115
|
122
|
107
|
101
|
173
|
CHILDREN’S HOMES (over-fives)
|
4
|
5
|
5
|
6
|
6
|
6
|
Total inmates |
461
|
548
|
608
|
684
|
705
|
749
|
Including orphans
|
105
|
130
|
117
|
139
|
207
|
266
|
BOARDING SCHOOLS FOR ORPHANS AND CHILDREN LACKING PARENTAL SUPPORT
|
2
|
3
|
3
|
3
|
3
|
2
|
Total inmates |
616
|
575
|
569
|
554
|
540
|
516
|
Including orphans
|
349
|
3454
|
347
|
368
|
356
|
342
|
BOARDING SCHOOLS FOR CHILDREN WITH SPECIAL HEALTH NEEDS
|
2
|
3
|
3
|
3
|
3
|
2
|
Total inmates |
13
|
14
|
14
|
13
|
13
|
12
|
Including orphans
|
236
|
273
|
272
|
280
|
181
|
228
|
BOARDING SCHOOLS/ HOMES FOR RETARDED CHILDREN
|
2
|
2
|
2
|
2
|
2
|
2
|
Total inmates |
262
|
302
|
300
|
300
|
348
|
359
|
Including orphans
|
85
|
85
|
102
|
203
|
244
|
185
|
GENERAL BOARDING SCHOOLS
|
38
|
37
|
38
|
38
|
39
|
39
|
Total inmates |
16,484
|
16,131
|
17,090
|
17,638
|
17,781
|
18,859
|
Including orphans
|
1,181
|
1,481
|
1,402
|
1,755
|
2,095
|
2,692
|
H. Adoption (art. 21)
178. Pursuant to article 32 of the Rights of the Child Act, adoption is
permitted in accordance with the procedure established by
law when it is in a
child’s best interests. A person adopting a child must be in a position
to ensure the child’s normal
development and education. Adoption for
personal gain is prohibited. Adoptive parents are guaranteed confidentiality by
the State.
The rules governing the adoption of child who is a national of
Azerbaijan by foreigners and the adoption of a foreign child by nationals
of
Azerbaijan are determined by inter-State agreements and Azerbaijani
legislation.
179. The Family Code contains the following provisions on adoption:
180. The Code of Civil Procedure contains the following
provisions on adoption:
I. Periodic review of the treatment of
children placed
for the purposes of care (art. 25)
181. Pursuant to article 136 of the Family Code, children lacking
parental protection are placed in tutorship or guardianship for
the purposes of
their maintenance, upbringing and education and for the protection of their
rights and interests. Children aged
under 14 years are placed in tutorship and
children aged 14 to 18 years in guardianship. Decisions on the beginning or
ending of
such placement are made in accordance with the country’s civil
legislation.
182. According to article 138 of the Code, tutors or
guardians are not appointed for children placed under full State tutorship or
guardianship in education, health or social welfare institutions. The
obligations in question are discharged by the administrations
of these
institutions. The temporary placement of a child in such an institution does
not reduce the rights and obligations of a
tutor or guardian towards that child.
The tutorship and guardianship agencies constantly monitor the conditions of the
maintenance,
upbringing and education of children in the institutions referred
to in this article of the Code. Responsibility for the protection
of the rights
of children released from the institutions referred to in this article rests
with the tutorship and guardianship agencies.
183. Under article 140,
children lacking parental protection and placed in an education, health or
social welfare institution or other
similar establishment are entitled
to:
(a) Maintenance, upbringing and education, comprehensive
development, respect for their human dignity, and protection of their
interests;
(b) The pensions, benefits and other social payments due to
them;
(c) Retention of the ownership of living accommodation or the
right to occupy living accommodation or, in the absence of such accommodation,
award of living accommodation in accordance with the housing
legislation;
(d) The preferential treatment with respect to employment
accorded by the labour legislation on their release from an institution
mentioned above;
(e) Enjoyment of the rights provided for in article 50
(right of the child to maintain a relationship with his parents and other
relatives), article 51 (right of the child to protection) and article 52 (right
of the child to express his opinions) of the Family
Code for children lacking
parental protection and placed under tutorship or guardianship in an institution
mentioned above.
J. Abuse and neglect (art. 19), including physical and
psychological recovery
and social reintegration (art. 39)
184. Pursuant to article 5 of the Rights of the Child Act, State agencies and
natural and legal persons must be guided in their actions
by the best interests
of the child and must create the conditions for the exercise of children’s
rights. National legislation
and the decisions of the competent authorities
must not work to the detriment of the best interests of the child, and their
application
must not harm a child’s life, development or upbringing. Any
restriction of the rights and interests of the child is legally
invalid.
185. Under article 136.2 of the Family Code, children aged under
14 years are placed in tutorship and children aged 14 to 18 years
in
guardianship.
186. Under article 137, only persons of the age of majority
and possessing full legal capacity may be appointed tutor or guardian.
For the
purposes of appointing a tutor or guardian for a child, account is taken of the
candidate’s moral and other qualities
and his capacity to discharge the
duties in question, the relationship between the candidate and the child, the
child’s relationship
with the members of the candidate’s family, and
also, when possible, the wishes of the child himself. Persons suffering from
alcoholism or drug addiction, persons who have had the status of tutor or
guardian revoked, persons whose parental rights have been
subjected to
restriction, former adoptive parents if the adoption was revoked through their
fault, and persons whose state of health
prevents their taking on responsibility
for a child’s upbringing may not be appointed tutor or
guardian.
187. Article 171 of the Criminal Code establishes criminal
liability in respect of involvement of a minor in prostitution or the commission
of immoral acts. Involvement of a minor in prostitution through the use or
threat of force, blackmail or destruction or damage of
property or by deception,
when such act is committed for monetary or some other gain, is punishable as a
criminal offence under article
243 of the Code.
188. Unlawful acts
committed for purposes of personal gain in connection with the adoption of
children or their placement in tutorship
or guardianship or in a foster family
trigger criminal liability in accordance with article 174 of the
Code.
189. Article 176 of the Code establishes criminal liability in
respect of persistent refusal by parents who are fit for work or working
to
comply with a court order for payment of maintenance for minor children or for
children of the age of majority who are not fit
for work.
190. Article
103 establishes criminal liability in respect of acts aimed at the total or
partial destruction of a national, ethnic,
racial or religious group by
murdering members of the group, causing serious damage to their health or mental
abilities, creating
living conditions aimed at the total or partial physical
destruction of members of the group, implementing measures designed to impair
the group’s birth rate, or transferring children belonging to one group to
a different group.
191. The failure to discharge or the inadequate
discharge by parents or persons acting as parents of their duties with respect
to
the upbringing and education of minor children triggers administrative
liability under article 51 of the Administrative Offences
Code.
192. Article 307 of this Code establishes the administrative
liability of parents and other persons who reduce a minor to a state
of
drunkenness.
193. The administrative liability of parents or other
persons is also established, under articles 307.1 and 307.2, for reducing a
minor to a state of vagrancy.
194. Pursuant to article 68 of the Family
Code, a court may make an order, in the best interests of the child, to remove a
child from
his parents (or either of them) without depriving them of their
parental rights. Restriction of parental rights is permissible if
it would be
dangerous for the child to remain with his parents (or either of them) owing to
circumstances beyond their control (such
as mental disturbance or some other
chronic disorder or a concurrence of difficult circumstances, etc.). Such
restriction is permissible
when it would be dangerous for a child to remain with
his parents (or either of them) owing to their conduct but there are
insufficient
grounds for the removal of parental rights. If the parents do not
alter their conduct, the tutorship and guardianship agency of
the local
authorities is required, on the expiry of a six-month period from the day of the
issuance of the court order restricting
the parents’ rights, to initiate
proceedings for the removal of these rights in the best interests of the child.
The agency
is entitled to initiate proceedings for the removal of the rights of
the parents (or either of them) on the expiry of that period.
Actions for the
restriction of parental rights may also be brought by a child’s close
relatives, an agency for the protection
of minors, or a pre-school, general
education or other institution.
195. Applications for the restriction of
parental rights are heard with the participation of the tutorship and
guardianship agency
of the local authorities. At this time the court may also
make an order for the recovery of maintenance from the parents (or either
of
them). Within three days from the entry into legal force of an order
restricting parental rights the court is required to transmit
an extract from
the order to the competent agency of the local authorities.
196. Under
article 69 of the Code, parents whose parental rights have been subjected to
restriction lose the right to bring up their
child personally and their
entitlement to State benefits and the preferential treatment accorded to parents
with children. The restriction
of parental rights does not release parents from
their obligation to maintain their child. Children whose parents’ rights
have been subjected to restriction enjoy the right of personal ownership or
occupation of living accommodation and property rights
deriving from their
actual kinship with their parents and other relatives, including the right to
inherit. When the parental rights
of both parents have been subjected to
restriction, a child is placed in the care of the tutorship and guardianship
agency of the
local authorities.
197. In accordance with article 72, when
a child’s life or health is under direct threat the tutorship and
guardianship agency
is entitled to remove him immediately from his parents (or
either of them) or from other persons in whose tutorship or guardianship
he had
been placed. The agency takes this action pursuant to a court order. Having
removed a child, the agency must immediately
notify a procurator and make
temporary arrangements for the child’s care. Within seven days of the
issuance of the removal
order it may apply to the courts for deprivation or
restriction of the parents’ parental rights.
198. Under articles
74.3 and 74.4, when a removal order has to be executed forcibly it is mandatory
for the competent local authority,
the person in whose care the child is to be
placed and, if necessary, a representative of the police to be involved. If it
is impossible
to enforce a court order for a child’s transfer without
harming the child’s interests, the court may order him to be
placed
temporarily in a social welfare, education or health institution or some other
similar establishment.
199. The State education organizations, together
with NGOs, carry out educational work with children to explain their rights to
them
and to try to establish models of behaviour to reduce the likelihood of
their being subjected to cruel or degrading treatment.
200. The
scientific research centre on youth problems of the Ministry for Youth, Sports
and Tourism has devised a two-year course
to train social workers to deal with
the problems of children and young people. The Ministry is working on a
mechanism for the collection
and processing of information from district and
municipal authorities and is creating an extensive database on the situation of
children.
The lack of reliable data of this kind is currently obstructing the
attainment of better results in terms of the genuine protection
of the rights of
this category of children.
Numbers of orphans and children lacking parental
protection
|
1997
|
1998
|
1999
|
2000
|
2001
|
2002
|
---|---|---|---|---|---|---|
Orphans and children lacking parental protection (total). Including:
|
25,375
|
26,065
|
26,249
|
26,977
|
27,275
|
28,055
|
In guardianship
|
8,444
|
8,677
|
8,787
|
9,036
|
9,090
|
9,295
|
For adoption
|
14,853
|
14,959
|
15,063
|
15,089
|
15,001
|
14,962
|
In children’s homes (under-fives)
|
122
|
115
|
122
|
107
|
101
|
85
|
In children’s homes (over-fives)
|
105
|
130
|
117
|
139
|
207
|
266
|
In boarding schools for orphans and children lacking parental
protection
|
349
|
345
|
347
|
368
|
356
|
342
|
In boarding schools for children with special health needs
|
236
|
273
|
272
|
280
|
181
|
288
|
In homes for retarded children
|
85
|
85
|
140
|
203
|
244
|
185
|
In general boarding schools
|
1,181
|
1,481
|
1,401
|
1,755
|
2,095
|
2,692
|
VI. BASIC HEALTH AND WELFARE
A. Children
with special needs (art. 23)
201. Pursuant to article 35 of the Rights of the Child Act, disabled
children and children with mental or physical deficiencies enjoy
the right to
special medical, disability and psychological services provided free of charge
or on a preferential basis. The State
promotes the social and psychological
rehabilitation of these children, provides them with assistance to obtain
education tailored
to their abilities, and implements measures to prevent child
disability.
202. In this connection, the construction in Baku of a
children’s rehabilitation centre with 42 beds was completed in 2002.
With financial and technical assistance from the Government of Japan this centre
is being furnished with the most up-to-date equipment
for the implementation, on
an out-patient and in-patient basis, of comprehensive programmes for integrating
the children in society
and providing them with medical, social and
vocational-rehabilitation services. More than a thousand such children a year
will be
able the use the services available in the rehabilitation centre, which
was to open its doors in 2003.
203. Under article 36 of the Act, time
spent looking after a disabled child up to age 16 is included in a
worker’s pensionable
service. Persons caring for such children are paid
an allowance in an amount fixed by law.
204. Under article 15 of the
Disability Prevention and Disabled Persons (Rehabilitation and Social
Protection) Act of 25 August 1992,
the State guarantees the necessary conditions
for disabled people to receive education and vocational training. The competent
executive
agencies provide, in the manner prescribed by law, pre-school and
extra-curricular education for children with disabilities and secondary
specialized and higher education under individual rehabilitation programmes.
Various kinds of education and vocational training
are available for persons
with disabilities, including education at home and teaching programmes tailored
to the individual. The
State provides training for education workers
specializing in education and vocational training for the
disabled.
205. Pursuant to article 16 of the Act, the competent executive
agencies arrange for the organization of special groups to create
the best
opportunities for educating disabled children of pre-school age and providing
them with rehabilitation assistance in pre-school
institutions of the regular
type. The article further requires special pre-school institutions to be
provided for disabled children
whose physical or mental developmental defects
preclude their integration in preschool institutions of the regular
type.
206. Article 17 of the Act provides that children with disabilities
who are unable to attend general education schools may be taught
at home if they
and their parents so wish. The competent executive agencies make comprehensive
arrangements to ensure that children
with disabilities can be educated at home.
When a disabled child is educated at home, one of the parents or the persons
acting as
parents is entitled to receive financial support and benefits in the
manner and under the conditions prescribed by law. Time spent
caring for a
disabled child counts towards the carer’s pensionable service. Assistance
is available from the relevant education
institutions for parents whose disabled
children are being educated at home.
207. Pursuant to article 18 of the
Act, it is incumbent on other State bodies to put in place the necessary
conditions for the extracurricular
education of children in order to ensure
their comprehensive, harmonious development, socialize them and familiarize them
with the
worlds of work, science, technology, art and sport.
208. Article
19 of the Act states that secondary, secondary specialized and higher education
for disabled persons shall be provided
by educational establishments of the
normal type, or by special education facilities if necessary. To provide the
requisite conditions
for the education of people with disabilities, specialized
faculties or departments are set up for them in vocational and technical
schools, technical colleges and higher-education institutions. Educational
activities are also organized for disabled children undergoing
treatment in
hospitals or therapeutic rehabilitation facilities. Talented children with
disabilities are entitled to free education
in music and the fine and applied
arts in ordinary schools or under special extra-curricular arrangements. The
necessary arrangements
are made to enable disabled persons to sit examinations.
Pensions and bursaries are paid at the full rate for the duration of study.
Students with category I or II disabilities get an additional allowance equal to
50 per cent of the bursary received. The State
pays the tuition fees of
persons attending fee-paying higher and secondary specialized education
institutions who became category
I and II disabled as a result of the
events in Baku on 19 and 20 January 1990 or who were disabled while
protecting the territorial
integrity, independence and constitutional order of
the Azerbaijani State.
209. Pursuant to article 20 of the Act, children
with disabilities who are permanently hospitalized must be provided with
continuous
education and tuition by the hospital as an integral part of efforts
to equip them for life in society and for employment.
210. Pursuant to
article 21 of the Act, vocational and refresher training for disabled persons
are provided under individual and State
rehabilitation programmes by education
institutions, including the training centres of the State Employment Service,
and by enterprises
and organizations (both specialized and ordinary), in
conjunction with institutions providing social assistance to persons with
disabilities
and their voluntary organizations. The State Employment Service
offers persons with disabilities who are able to work career guidance
with a
view to assessing their suitability for employment and the feasibility of
training them for a new occupation. Blind and visually
impaired children are
provided with Braille textbooks, audio books, study aids, special tape
recorders, magnifying glasses and canes,
while deaf children receive hearing
aids and other devices designed for deaf people. Special schools,
soundrecording studios and
special libraries are established for them. Persons
with disabilities who are undergoing vocational or refresher training are
entitled
to receive financial support in the manner and under the conditions
prescribed by law.
211. According to the Persons with Special Health
Needs (Education and Special Education) Act, the purpose of special education is
to equip such persons with the necessary knowledge, skills and habits to secure
their integration
in society and the necessary habits and skills for working and
family life.
212. Persons with special health needs who are unable to
attend school are educated at home by an appropriate education institution.
The
list of disorders triggering entitlement to education at home and the rules
governing such education are determined by the Cabinet
of
Ministers.
213. If such persons are hospitalized for a lengthy period
(more than 21 days), arrangements are made, by order of the psychological
and
medical-educational commission of the Ministry of Education, for them to be
taught in accordance with their normal curriculum.
The rules governing
in-hospital education are determined by the Cabinet of
Ministers.
214. Such persons may be enroled in general-education schools
under the procedure established by law pursuant to a decision of the
psychological and medical-educational commission or the expert medical-social
commission.
215. Disabled children whose disabilities do not prevent them
from studying the arts have the same educational rights as other children.
Baku
has a music school for blind children. Disabled children are entirely free to
join clubs and to use library services.
216. With a view to supporting
families with disabled children, every year since 2001 the Ministry for Youth,
Sports and Tourism has
organized in the National Centre for Children’s
Health and Recreation a summer school for a group of children suffering from
Down’s syndrome, autism, etc., and their parents.
217. A number of
reviews and competitions have been held in recent years to promote the social
integration of children with disabilities.
Drawing and applied-arts
competitions have become a tradition. Two social rehabilitation centres have
been set up with the assistance
of the Soros Foundation; work is currently
proceeding on the establishment of branches in towns and districts throughout
the country.
218. The Goncha non-governmental organization has set
up a children’s puppet theatre called Neposedy for children with
mental abnormalities (Down’s syndrome, autism, epilepsy, etc.). The
theatre takes an active part in many
children’s festivals and performs for
children in boarding schools and in kindergartens and day schools. It has
peformed in
Austria, where its work and the results obtained were shown on local
television channels.
Number of disabled children aged 16 or younger receiving
social pensions
(at the beginning of each year)
|
1997
|
1998
|
1999
|
2000
|
2001
|
2002
|
Total
|
19,838
|
18,876
|
21,739
|
26,243
|
31,460
|
36,901
|
Children with special health needs
|
2002
|
2003
|
Deaf children
|
916
|
945
|
Children with poor hearing classifed as deaf
|
1,854
|
1,920
|
Blind children
|
363
|
356
|
Partially sighted children
|
9,693
|
949
|
Mentally retarded children
|
5,970
|
6,155
|
Children with speech defects
|
4,394
|
4,609
|
Children with polio or cerebral palsy
|
2,465
|
2,511
|
Children suffering from scoliosis
|
1,912
|
2,046
|
Numbers of disabled children attending secondary
specialized and
higher education institutions
|
1997-1998
|
1998-1999
|
1999-2000
|
2000-2001
|
2001-2002
|
2002-2003
|
Secondary specialized education
|
32,578
|
35,678
|
38,801
|
41,173
|
47,726
|
50,266
|
Including disabled
|
11
|
49
|
27
|
7
|
20
|
11
|
Higher education
|
79,804
|
82,308
|
88,521
|
91,019
|
98,959
|
101,676
|
Including disabled
|
2
|
9
|
1
|
6
|
48
|
56
|
Schools for children with special health needs
|
20
|
21
|
21
|
20
|
20
|
20
|
Students in such schools
|
3,650
|
3,968
|
4,213
|
4,589
|
4,789
|
5,060
|
B. Health and health-care services (art. 24)
219. Pursuant to article 9 of the Rights of the Child Act, every child is
entitled to protection of his life and health. The State
is reponsible for
guaranteeing protection of children’s lives and healthy development,
creating the conditions for their environmental
safety and taking appropriate
steps to provide children with good-quality food and clean drinking
water.
220. Azerbaijan runs programmes in the following areas: national
immunization; combatting respitatory infections and diarrhoea among
breastfed
babies; safe maternity and care of new-born babies; breastfeeding and the
nation’s health; prevention of diseases
associated with iodine deficiency;
eradication of German measles; and reproductive health and family
planning.
Medical and preventive care for children
|
1997
|
1998
|
1999
|
2000
|
2001
|
2002
|
Paediatricians
|
4,146
|
4,128
|
4,149
|
4,219
|
4,211
|
4,228
|
Children’s beds
|
12,465
|
12,190
|
12,165
|
11,880
|
11,530
|
11,432
|
Children’s sanatoria
|
18
|
18
|
18
|
18
|
18
|
18
|
Children’s polyclinics and outpatients departments, and institutions
with children’s units
|
588
|
587
|
570
|
600
|
917
|
603
|
221. Under article11 of the Chernobyl Disaster (Status and Social
Protection of Victims and Participants in the Clean-up) Act, the
persons
referred to in article 5 of the Act and their children born in the post-disaster
period in circumstances in which they may
have been indirectly exposed to
radioactivity are subject to compulsory medical observation by specialists
(clinical examination).
Arrangements for the medical treatment of victims of
the Chernobyl disaster and their clinical examination are made by the health
institutions of their place of residence or work, which also furnish them with
specialist medical care. The list of these institutions
and the procedure for
the provision of medical care and conduct of clinical examinations is
established by the Ministry of Health.
Incapacity to work incurred by the
persons referred to in article 5, paragraph 1, of the Act as a result of the
Chernobyl disaster
is deemed to be indefinite incapacity. A causal link between
partial or total loss of the capacity to work and the Chernobyl disaster
is
deemed established if such a link is confirmed by an expert medical-social
commission.
222. Under article 12, the following additional social
welfare benefits and medical care and treatment are accorded to children and
adolescents aged under 18 evacuated and resettled from the exclusion zone and
the evacuation zone, including those who were in the
womb on the day of the
evacuation and those born after 26 April 1986, as well as to children of a
parent who took part in the clean-up
following the disaster at the Chernobyl
nuclear power station or was a victim of the disaster and is deemed to have been
exposed
to direct radiation:
(a) Treatment on medical recommendation in
an appropriate sanatorium, including mother and child sanatoria, paid for by the
enterprise,
establishment or organization employing one of the parents or
persons acting as parents or by the social welfare agencies;
(b) Free
provision of medicines (on a doctor’s prescription);
(c) Free
return travel by rail accompanied by a parent or a person acting as parent
or in areas without railway communications by
air or intercity road transport,
with preferential entitlement to purchase tickets, as far as the sanatorium or
other place of treatment
as ordered by the medical institution, paid for by the
employer enterprise, establishment or organization or by the social welfare
agencies;
(d) Annual free treatment in a treatment facility with return
travel paid for by the enterprise, establishment or organization employing
one
of the parents or persons acting as parents or by the social welfare agencies
or, if free travel cannot be provided, payment
of a lump sum equal to the
average cost of the travel;
(e) Children and adolescents are entitled to
take advantage of these benefits in the event of disorders of the haemopoietic
organs
(acute white blood cell dysfunction), thyroid gland (adenoma, cancer) or
the appearance of malignant tumours;
(f) Full bursaries and entitlement
to attend vocational-technical schools with all expenses paid by the
State;
(g) Families with children who were disabled or contracted a
disease as a result of the Chernobyl disaster and are registered for
medical
treatment with a health centre and children of parents who acquired group I or
II disability or died as a result of the Chernobyl
disaster are paid a monthly
allowance for each child in an amount fixed by the competent executive
agency;
(h) Either parent of a child aged under 14 may be paid
a sick-leave benefit for caring for a sick child equal to 100 per cent of
the average monthly wage regardless of length of service;
(i) Women
referred to in article 5, paragraph 1, of the Act are entitled during pregnancy
to free travel for treatment in specialized
medical institutions and to 90 days
of pregnancy and childbirth leave; leave to care for a child is granted with pay
equal to twice
the benefit provided for in the existing legislation; pregnant
women are entitled to food supplements in accordance with the existing
norms.
223. Pursuant to articles 6, 11 and 13 of the Human
Immunodeficiency Virus (Prevention and Control) Act, information about children
aged under 14 and persons incapable of working who are infected with AIDS is
furnished to their parents or other close relatives.
224. AIDS-sufferers
who are below the age of majority are awarded the pensions, benefits and
allowances provided by law for disabled
children. Persons caring for
AIDS-sufferers who are below the age of majority are awarded cash allowances and
other benefits as
stipulated in the legislation.
225. Either parent or
the legal representative of an AIDS-sufferer who is below the age of majority is
entitled:
(a) To stay with a child aged under 14 in a hospital providing
medical treatment and to receive during this time State social insurance
benefits as prescribed by law;
(b) To attend places of treatment within
Azerbaijan with expenses paid by the State ;
(c) To retain his or
her entitlement with respect to pensionable service and to be covered under the
general pensionable-service
scheme when taking leave to care for an infected
person.
226. Pursuant to article 10 of the Medical Insurance Act,
compulsory medical insurance for children and students, taking into account
the
indexing of prices for the medical service, is provided free of charge by the
competent executive agency from the social welfare
budget and
resources.
227. Under article 7.3 of the Narcotic Drugs (Service and
Controls) Act, employees of the narcotics services must report to the competent
executive agency persons suffering from drug-related illnesses who are not
looking after their minor children or treating them violently
or infringing the
rights of other people.
228. Under article 13 of this Act, in the course
of provision of assistance with drugs-related problems the following persons
must
be kept under special observation, in accordance with the procedure
established by the competent executive agency :
Incidence of
HIV/AIDS
|
1997
|
1998
|
1999
|
2000
|
2001
|
2002
|
Total registered AIDS-sufferers
|
1
|
2
|
6
|
4
|
10
|
7
|
Including children under 14
|
-
|
-
|
-
|
-
|
-
|
-
|
Total registered HIV-carriers
|
12
|
66
|
83
|
59
|
120
|
90
|
Including children under 14
|
-
|
3
|
2
|
-
|
-
|
-
|
C. Social security and childcare services and
facilities
(arts. 26 and 18, para. 3)
229. Pursuant to article 29 of the Rights of the Child Act, the State is
required to furnish children with social support in the form
of various
allowances, monthly benefits and compensation payments. The competent executive
agency is empowered to provide additional
assistance and benefits for needy
children. These social benefits must be used in the child’s best
interests.
230. Article 38 of the Constitution establishes the right of
citizens to receive social support until the age fixed by law in respect of
sickness, disability, loss of
breadwinner, incapacity to work, unemployment and
the other situations prescribed by law. The State also provides for
opportunities
for the conduct of charitable activities, for voluntary charitable
insurance and other forms of social assistance.
231. Pursuant to articles
40-57 of the Pensions Act, children who are below the age for admission to work
at the time of loss of their
breadwinner are awarded occupational pensions,
while article 90 establishes the right to receive welfare benefits. If a person
in
receipt of a pension is supporting children below working age, the pensions
awarded under articles 21, 34 and 80 of the Act are augmented
by family
supplements.
232. On 5 December 1996 the Ministry of Labour and Social
Welfare, the Ministry of Finance and the State Social Welfare Fund approved
a
joint directive "On the regulations governing the award and payment of
children’s allowances to needy families". Pursuant
to this directive,
families with a per capita income of under 16,500 manat receive an allowance of
9,000 manat for each child, children
of persons on fixed-term military service
receive a benefit of 12,500 manat, children of war martyrs
(shekhidy) 35,000 manat, and children of persons suffering disability as
a result of the clean-up at the Chernobyl nuclear power station 25,000
manat.
233. The Ministry of Labour and Social Welfare operates
residential home No. 3 for disabled children at Mardakyan in Baku and a similar
facility (No. 7) at Sarai in Absheron district, with a total capacity of 605
places.
234. In accordance with the rules approved by Cabinet Order No.
402 of 21 November 1994, children living in these residential homes
are provided
with full board, clothing and bedding. Special attention is given to the
involvement of disabled children and young
people in socially useful work. To
this end the homes have established gardens for the cultivation of fruit and
vegetables. Both
the homes operate mixed-ability classes, where those children
with mental disabilities receive special training.
Assistance furnished to children by the State
|
1997
|
1998
|
1999
|
2000
|
2001
|
2002
|
2003
1st qtr. |
---|---|---|---|---|---|---|---|
One-off childbirth benefit :
|
|
|
|
|
|
|
|
Recipients (1,000s)
|
95.6
|
84.0
|
91.8
|
99.6
|
94.0
|
94.2
|
23.8
|
Total (millions of manat)
|
4,755.4
|
4,486.7
|
4,603.9
|
4,993.1
|
4,993.1
|
6,519.0
|
1,616.2
|
Childcare allowance (to age 3) :
|
|
|
|
|
|
|
|
Recipients (1,000s)
|
79.5
|
54.4
|
42.1
|
31.2
|
27.5
|
26.4
|
24.3
|
Total (millions of manat)
|
7,186.9
|
4,911.3
|
3,705.7
|
2,910.5
|
4,413.4
|
4,361.1
|
1,041.8
|
Monthly allowance (to age 16):
|
|
|
|
|
|
|
|
Recipients (1,000s)
|
1,596.4
|
1,400.0
|
1,556.4
|
1,627.2
|
1,622.2
|
1,605.4
|
1,226.5
|
Total (millions of manat)
|
172,410.0
|
159,751.4
|
168,814.4
|
182,503.6
|
177,238.7
|
169,159.9
|
23,523.7
|
Loss-of-breadwinner pensions :
|
|
|
|
|
|
|
|
Recipients (1,000s)
|
131.0
|
129.2
|
115.6
|
113.2
|
110.4
|
112.1
|
-
|
Total (millions of manat)
|
1,931.1
|
3,643.0
|
4,281.3
|
5,938.3
|
5,854.1
|
8,074.5
|
-
|
D. Standard of living (art. 27, paras 1-3)
235. According to article 17 of the Constitution, the care and upbringing
of children are a parental duty. The State monitors the discharge of this
duty.
236. Under article 134 of the Constitution, spouses have equal
rights and the right and the duty to attend to the care and upbringing of their
children.
237. Article 13 of the Rights of the Child Act establishes the
right to material maintenance at a level no lower than the minimum
living
standard fixed by law.
238. Under article 11 of this Act, every child has
the right to develop and be educated in accordance with the national and
universal
human values and the principles of humanism and morality. Children
are to be educated in the family and at school and in pre-school
and
out-of-school education establishments. The State has established a number of
organizations for the development of children’s
creative abilities and
provision of education in the arts and it encourages voluntary bodies to set up
similar organizations. Films,
books and other materials containing propaganda
for violence or tyranny may not be distributed or shown to children, nor may
materials
with an erotic or pornographic content which may have a harmful effect
on children’s minds and moral development; the use of
children in the
production of such materials is also prohibited.
239. Under article 3 of
the Act, the State’s policies for children must be aimed at securing the
growth and development of every
child in appropriate material and other living
conditions, furnishing education in accordance with progressive requirements,
and
producing worthy citizens. State policies are implemented in the form of
specific social programmes for children devised in the
light of ethnic and local
circumstances. Other natural and legal persons may take part in the
implementation of these programmes
alongside the State
agencies.
240. Article 17 establishes the right of the child to live with
his parents in a family and to enjoy their care. A child may not
be separated
from his parents against their wishes except in the cases prescribed by
law.
241. Under article 18, a child living separately from either or both
parents is entitled to recognize them and to have a relationship
with them,
provided that this does not have a harmful effect on him.
242. In
accordance with article 19, parents have equal rights with respect to the
upbringing of their children and must discharge
all the duties stemming from
such rights which may be necessary for their children’s upbringing and
development.
243. Pursuant to article 56 of the Family Code, parents have
equal rights and equal obligations towards their children. The parental
rights
and obligations referred to in this article are terminated when a child reaches
the age of maturity, when a minor child marries,
and in the cases prescribed by
law in which a minor child acquires full legal capacity.
244. Under
article 58 of the Code, parents have the right and the obligation to raise their
children. They are responsible for their
children’s upbringing and health
and for their mental, physical and spiritual development. They have
preferential rights
over other persons with respect to their children’s
upbringing. Parents are required to ensure that their children receive
basic
general education. In the light of a child’s best interests they are
entitled to choose his education institution and
form of education until he
embarks on general secondary education. The State may interfere in these
parental rights and obligations,
according to the procedure prescribed by law,
only when a child’s best interests so demand.
245. Under article
60, parental rights may not be exercised to the detriment of a child’s
best interests. In the exercise of
their rights parents are not allowed to
cause harm to a child’s physical or mental health or moral development.
The exploitation
of children and insulting, degrading, cruel, coarse or
neglectful behaviour towards them is prohibited. Parents who exercise their
parental rights to the detriment of their children’s rights and interests
incur liability as prescribed by law. All issues
relating to their
children’s upbringing and education are resolved by the parents by mutual
agreement in the light of the children’s
rights, interests and opinions.
Parents (or either one of them) may apply to the competent executive agency or
to the courts for
settlement of disagreements. A child’s place of
residence when the parents live apart is decided by agreement between the
parents. Any disagreement on this score is settled by the courts in the light
of the child’s rights, interests and opinions
(their attachment to
siblings and each of the parents, the parents’ behaviour and their other
personal qualities, the child’s
age, and the creation of conditions for
his development and education).
246. The Presidential Order of 22 May
1996 “On increasing the benefits for needy families” established
such benefits and
the one-off childbirth allowance in appropriate amounts, to be
disbursed from the State Social Welfare Fund (the other benefits are
disbursed
from the national budget), with the funding provided before the beginning of
each calendar month.
247. Article 3 of the Children Lacking Parents and
Parental Support (Social Protection) Act sets out measures for the social
protection
of such children.
248. The social protection of these children
and persons assimilated to them is provided for and guaranteed by the State in
accordance
with the legislation in force.
249. The Cabinet of Ministers,
the Ministry of Health, the Ministry of Labour and Social Welfare, the Ministry
of Education and the
Ministry for Youth, Sports and Tourism are responsible for
formulating and carrying out specific programmes for the social protection
of
children lacking parents and parental support and persons assimilated to them
based on special central residential facilities
and education, social welfare
and other institutions, and for establishing State social reintegration and
rehabilitation agencies.
250. Expenditure on the social protection of
children lacking parents and parental support and persons assimilated to them is
based
on the State social standards fixed by the Cabinet of
Ministers.
251. Tutors and guardians receive monthly allowances in
respect of such children in accordance with the procedure and in the amounts
established by the Cabinet of Ministers.
252. Other measures may be
enacted for the social protection of these children and persons assimilated to
them.
253. The measures referred to above are financed in accordance with
article 4 of the Act from the State budget and State and non-State
funds and
from grants and other sources not prohibited by law.
254. Under article
61 of the Family Code, a parent living apart from his or her children has the
right to maintain a relationship
with them and have a say in decisions affecting
their upbringing or education. The parent with whom the children are living
must
not obstruct such a relationship, providing that it does not harm their
physical or mental health or moral development. Parents
living apart from their
children are entitled to conclude written agreements on the arrangements for
exercise of parental rights.
Any disagreement between the parents on this score
is settled by the courts with the assistance of the competent executive agency
at the request of the parents or either one of them. Action is taken under the
Code of Civil Procedure against a parent who fails
to comply with a court order.
In the event of persistent failure to comply with such an order, at the request
of the parent living
apart from the child in question the court, having
considered the child’s best interests and heard his opinion, may order
him to be transferred to that parent’s custody. A parent living apart
from his or her child is entitled to receive information
about the child from
social welfare, education, health and other institutions. Such information may
be denied only if the parent
in question represents a threat to the
child’s life or health. Refusal to furnish information may be contested
in the courts.
255. Article 75 of the Code establishes the obligation of
parents to maintain their children. Parents are required to maintain their
children in accordance with this article. The arrangements for and form of such
maintenance are decided by the parents independently.
They are entitled to
conclude agreements on the maintenance of their minor children (child support
agreements) in accordance with
chapter XVI of the Family Code. If parents fail
to provide maintenance for their children, a means of recovering maintenance
from
them (child support) is sought in the courts. If the parents cannot agree
on the payment of maintenance and either or both of them
are not providing
maintenance, provided that no child support application has been lodged with the
courts the competent executive
agency is entitled to initiate an action for the
recovery of maintenance for minor children from one or both of their
parents.
256. Under article 81, in the absence of agreement on the
payment of maintenance and unless the Code provides otherwise, in exceptional
circumstances (serious illness or injury affecting a minor child or incapacity
to work on the part of a needy child of the age of
majority, a need to pay for
outside help with childcare, etc.) either parent may be ordered by a court to
pay a part of the additional
expenditure caused by such circumstances. The
procedure for making such payments is determined by the court. The amount of
such
payments is fixed by the court as a monthly cash sum in the light of the
financial and family circumstances of the parents and children
and other
relevant interests of the parties. The order may require parents to bear
additional current expenditure and expenditure
which will be necessary in the
future.
257. Article 88 of the Code establishes the obligation of
brothers and sisters to maintain their siblings who are under the age of
majority or not fit for work. A minor who needs assistance from a brother or
sister because he cannot obtain support from their
parents is legally entitled
to maintenance from any adult siblings who can afford to provide it. A person
who is incapable of working
also has the right to support from any adult
siblings if his or her parents, spouse or adult children cannot furnish material
maintenance.
258. Article 89 establishes the obligation of grandparents
to support their grandchildren. A minor grandchild who cannot obtain
material
maintenance from his parents is legally entitled to support from his
grandparents if they can afford to provide it. Adult grandchildren
who are in
need of support but incapable of working have the same right if they cannot
obtain maintenance from their parents.
259. Under the present legislation
the State Social Protection Fund finances the payment of pensions and benefits,
including children’s
allowances. This includes such benefits as, for
example, the allowance paid to needy families in respect of children up to age
16
(age 18 if they are studying), the allowance for looking after children up to
age three, the one-off childbirth benefit, the allowance
for children of war
martyrs (shekhidy), the allowance for children with disabilities
resulting from the disaster at the Chernobyl nuclear power station, the
allowance
for children of war invalids, and the allowance for children of
persons on fixed-term military service.
260. In 2000 the Fund financed
various forms of child benefit in a total amount of 197.4 billion manat in
respect of more than 1.7
million children.
261. In 2001 resources
provided by contributions to the compulsory State insurance scheme were used to
increase the one-off childbirth
benefit by a factor of 1.4 and the monthly
allowance for looking after children aged up to three by a factor of
1.8.
262. In addition, proposals are being prepared, in conjunction with
the relevant organizations and within the limits of the State
budget, to
increase the State benefits for needy families by improving their
targeting.
263. In 2002 the Fund’s agencies paid out benefits for
more than 1.7 million children. During that year a total of 177 billion
manat
was allocated for this purpose. These were benefits for children of needy
families aged up to 16 (up to 18 if they were studying
but not receiving a
bursary), children of war invalids and children of families victims of the
events of 20 January 1990, children
of persons on fixed-term military service
and children of families of war martyrs, one-off childbirth benefits,
etc.
264. Pursuant to the Regulations “On the calculation and
payment of contributions to the compulsory State insurance scheme”,
which
were approved by Cabinet Decision No. 189 of 15 September 1998, the State
Social Protection Fund makes payments to citizens
and their children, through
the Confederation of Trade Unions, to cover the cost of vouchers for sanatorium
and other treatment facilities.
In 2002 a total of 4,430 million manat was
allocated for this purpose.
265. Specific allocations are made every year
under this Cabinet Decision. For example, for the 2002 summer season a total of
250
million manat was paid out to enable 2,000 children to go to summer
camp.
266. A draft Policy Outline on the reform of the country’s
social welfare system has been produced with a view to reinforcing
still further
the social protection of the needy members of the population and their children
and introducing changes to improve
the targeting of the assistance furnished to
this category of persons.
267. Pursuant to the Presidential Decree
“On the replacement of preferential treatment in respect of community,
transport and
other services with cash benefits”, children lacking parents
and parental support were awarded monthly allowances totalling
15,000
manat.
268. The reforms which are being introduced in the social welfare
system will ensure effective use of the resources of the State and
increased
benefits for children.
269. Under this same Presidential Decree, children
lacking parents and parental support have been awarded monthly allowances
totalling
15,000 manat.
VII. EDUCATION, LEISURE AND CULTURAL
ACTIVITIES
A. Education, including vocational training and
guidance (art. 28)
270. The Convention on the Rights of the Child has been translated into
Azeri and published with a large print run. Its provisions
are used widely in
the education of young people. Azerbaijan holds frequent meetings of members of
the teaching community.
271. Pursuant to article 42 of the Constitution,
every citizen has the right to education. The State guarantees free compulsory
general secondary education. The education system
is supervised by the State.
The State guarantees the continuation of education for talented individuals
regardless of their economic
circumstances. The State sets minimum standards of
education.
272. Article 3 of the Education Act guarantees citizens the
right to education regardless of their race, ethnic origin, religious faith,
language, sex, age, state of
health, social and material circumstances, sphere
of activity, social origin, place of residence, attitude to religion, political
beliefs or criminal record.
273. Certain occupations and areas of
specialization may be subject to Government-imposed restrictions connected with
age, sex, state
of health or possession of a criminal
record.
274. Citizens are entitled to free tuition at public education
institutions. Additional fee-paying study groups may be established
at such
institutions.
275. Citizens are free to choose the form of their
education, the institution which they wish to attend and the language of
instruction.
276. To ensure that citizens requiring social protection and
assistance can exercise their right to education, the State pays part
of all of
their education expenses for the duration of their
education.
277. Citizens with low incomes studying at fee-paying
institutions receive State grants in accordance with the rules applicable to
public education institutions of the same type.
278. Under the Cabinet
Decision “On the amounts of the benefits payable to the parents and other
legal representatives of children
designated for special education to enable
them to transport their children to and from an institution of special
education, a health
and rehabilitation centre or a medical establishment”,
allowances totalling 25,000 manat were earmarked for such parents and
other
legal representatives.
279. The State establishes all the necessary
conditions to enable especially gifted individuals requiring social assistance
to be
educated either in Azerbaijan or abroad.
280. Students at higher
education institutions may obtain State loans repayable over the five years
following the completion of their
education.
281. Azerbaijani citizens
are entitled to receive appropriate certification of their education (including
the first stage of higher
education, the baccalaureate) after independently
studying the curriculum taught at education institutions and passing an external
examination.
282. Graduates of public and private education institutions
have equal rights of access to the next level of education.
283. Under
article 12 of the Education Act, education is provided in the following modes:
(a) in education institutions with or without day-release from work; (b) in the
family;
(c) independently. Different modes of education may be combined. A
single State standard is applied to all modes in terms of the
curriculum
studied. The list of occupations and areas of specialization which may not be
studied without day-release from work or
externally is fixed by the
Government.
284. In accordance with article 27 of the Act, people’s
universities, reading rooms, libraries, reference centres, clubs, educational
television and radio programmes, etc., are available for use by citizens
studying independently. Such students may also attend lectures
and take part in
practical work in various education institutions, subject to
authorization.
285. According to articles 38-40, non-State education
institutions are regulated on the basis of their charters, which must comply
with the legislation on education and with special regulatory instruments. The
founders of such institutions are required to provide
education consistent with
the State standards. The income from an institution’s educational
activities must be used for its
further development and to expand and modernize
its resource base, stimulate and improve its teaching, extend the scope of its
scientific
research, improve the provision for the students’ and
teachers’ economic and social needs, and develop links with other
countries. Income may not be used for private gain.
286. Methodological
guidance and information services for education are provided by higher education
establishments, theoretical research
institutes and collectives conducting
research into teaching methods and psychology, further training institutes,
libraries, information
and similar agencies, as well as by methodological
research institutes working in close collaboration with education centres,
organizations
and collectives and with creative unions, societies and
associations. A single teaching centre is being established to deal with
staffing, theoretical, practical and methodological problems of the
country’s pre-school and secondary general education schools;
this centre
consists of the University for Pedagogic Studies, a three-level institution of
higher education which functions as a
teaching, theoretical research and
experimental complex, and the State Theoretical Research Institute for
Educational Problems.
The Ministry of National Education is responsible for
updating the curricula and courses of education establishments at all levels
and
for the production of new textbooks to meet the needs of these curricula and
programmes. The publication of educational literature
and textbooks and
handbooks on teaching methods and the operations of higher education publishing
houses are funded by the State.
A State-run psychological service operates in
education establishments. This service is staffed by educational psychologists,
who
have the same status as teachers.
287. Under articles 55-58, links
with foreign countries and international cooperation in the field of education
are based on Azerbaijani
legislation. Education institutions, offices and
organizations have the right to conclude agreements directly with their
counterparts
in other countries. In the few instances in which the provisions
of international treaties and agreements are inconsistent with
Azerbaijani
legislation on education, the international provisions prevail. International
cooperation among education institutions,
offices and organizations is conducted
in accordance with the legislation on education. Such institutions, offices and
organizations
and various teaching institutions, in any form of ownership, are
entitled to establish direct links, exchange experience and staff,
carry out
joint programmes, found education institutions, participate in international
undertakings and engage in other forms of
cooperation with their counterparts in
other countries and with international organizations and enterprises. Financial
income from
such international cooperation, including foreign currency, may be
used only for the purposes of strengthening the resource base
of the institution
concerned and improving the living conditions of the staff. Such income may not
be used for private gain.
288. Nationals of Azerbaijan may attend
education institutions in other countries in accordance with the international
treaties and
agreements concluded between ministries and education
establishments. Individuals may also attend education institutions in other
countries under private agreements. Foreign nationals and stateless persons may
attend education institutions in Azerbaijan in accordance
with the regulations
of the international organizations of which Azerbaijan is a member or in which
it participates, with the treaties
and agreements concluded by Azerbaijan or by
various teaching institutions, establishments, organizations and associations or
with
private agreements concluded with individuals wishing to come to Azerbaijan
for purposes of education. Nationals of Azerbaijan living
in other countries
and representatives of other ethnic groups who have taken Azerbaijani
citizenship may enrol without restriction
in the country’s education
establishments. Foreigners being educated in Azerbaijan have the same rights
and obligations as
citizens of Azerbaijan.
289. Pursuant to article
23.1.4 of the Psychiatric Assistance Act, a patient undergoing investigation and
treatment in a psychiatric
hospital enjoys, in addition to other rights, the
right to education in accordance with the general education curriculum or a
special
programme for children with retarded mental
development.
290. Under article 22 of the Rights of the Child Act, every
child is entitled to be educated in accordance with the country’s
legislation on education. The State education system must create the conditions
for the development of a child’s personality
and the fullest possible
acquisition of the necessary knowledge and skills. Children may not be diverted
from compulsory general
secondary education.
291. As of the start of the
2002/2003 academic year Azerbaijan had 1,705,255 children attending 4,546
general education schools funded
by the State, 111,367 attending 1,781
pre-school institutions, and 329,459 attending 376 non-school
facilities.
292. There are 56 boarding schools, six homes for over-fives
and two for under-fives for children with physical or mental disabilities,
children lacking parental protection and orphaned and abandoned children. These
institutions provide free education and maintenance
for 22,000 children. The
education system has 101,676 persons studying in higher education institutions,
50,266 in secondary special
education schools, and 21,619 in
vocational-technical establishments.
293. There are 89,985 refugee
children from Armenia and children forcibly displaced from the occupied
territories of Azerbaijan receiving
free education in 695 general education
schools for such children.
294. The programme for the development of
re-education work in the period 2000-2005 contains measures for the protection
of the rights
of children, according special attention to social and pedagogical
trends in children’s re-education, the purposes and special
features of
re-education, and promotion of a sense of statehood.
295. Steps are being
taken in accordance with the Instruction of the Minister of Education dated 9
October 2000 “On further
nurturing of a sense of statehood in pupils and
students” to ensure the study of the Constitution and the national flag,
anthem and crest and the holding of prose, poetry and drawing competitions to
this end.
296. The Ministry of Education is conducting meetings,
questionnaires, lectures, seminars and conferences in education institutions
in
order to shape a healthy outlook in pupils and students, prevent the formation
of harmful habits and combat illicit dealing in
narcotic drugs.
297. The
following measures have been carried out in conjunction with the relevant State
agencies and NGOs:
298. Drawing, poetry and prose competitions on the topic “If there’s peace in my country” have been held for students in general education schools, vocational-technical schools and higher education institutions in order to familiarize children and young people with life under conditions of peace.
299. The handbooks “My rights” (grades
1-4) and “Human rights and me” (grades 5-11) were prepared for
printing
and published in order to ensure that children and young people are
properly informed about their rights.
300. The Ministry of Culture has
done a considerable amount of work in compliance with the requirements of the
Convention on the Rights
of the Child. The Ministry’s main departments
and divisions have personnel dealing specifically with children’s
problems.
The Ministry has also instructed local artistic and cultural bodies
and institutions to conduct intensive publicity for the Convention.
Proposals
were formulated and submitted to the Ministry by the Nakhchyvan Autonomous
Republic and by municipal and district cultural
agencies emphasizing the work of
clubs, libraries, music and art schools for children, schools for the arts and
other cultural institutions
of relevance to the protection of children. Special
attention is given to the situation of refugee children.
|
1997
|
1998
|
1999
|
2000
|
2001
|
2002
|
---|---|---|---|---|---|---|
Permanent pre-school institutions
|
1,879
|
1,854
|
1,814
|
1,790
|
1,794
|
1,781
|
Including:
Urban areas |
1,084 |
1,060 |
1,036 |
1,014 |
1,024 |
1,015 |
Rural areas
|
795
|
794
|
778
|
776
|
770
|
766
|
Pre-school enrolment (1,000s)
|
119
|
116
|
112
|
111
|
111
|
111
|
Including:
Girls |
52 |
53 |
55 |
54 |
54 |
54 |
Boys
|
67
|
63
|
57
|
57
|
57
|
57
|
Out of total child population:
|
|
|
|
|
|
|
Urban areas
|
85
|
82
|
79
|
79
|
79
|
79
|
Rural areas
|
34
|
34
|
33
|
32
|
32
|
32
|
State general education day schools
|
4,507
|
4,536
|
4,549
|
4,548
|
4,548
|
4,533
|
Including:
Urban areas |
1,164 |
1,171 |
1,176 |
1,125 |
1,130 |
1,122 |
Rural areas
|
3,343
|
3,365
|
3,373
|
3,423
|
3,408
|
3,411
|
Enrolment in State general education day schools (1,000s)
|
1,578
|
1,611
|
1,623
|
1,654
|
1,659
|
1,688
|
Including:
Girls |
755 |
789 |
797 |
801 |
803 |
813 |
Boys
|
803
|
822
|
826
|
853
|
856
|
875
|
Teachers (1,000s)
|
157
|
158
|
161
|
165
|
168
|
169
|
Pupils obtaining certificate of secondary general education (1,000s)
|
67
|
79
|
85
|
92
|
96
|
49
|
Including:
Urban areas |
36 |
42 |
47 |
50 |
51 |
19 |
Rural areas
|
31
|
37
|
38
|
42
|
45
|
30
|
General education evening schools
|
12
|
13
|
13
|
13
|
13
|
13
|
Enrolment in general education evening schools (1,000s)
|
34
|
40
|
41
|
36
|
28
|
17
|
Including:
Girls |
13 |
14 |
16 |
15 |
12 |
8 |
Boys
|
21
|
26
|
25
|
21
|
16
|
9
|
Pupils obtaining certificate of secondary general education (1,000s)
|
6
|
5
|
7
|
9
|
9
|
8
|
Vocational schools and science schools
|
118
|
118
|
108
|
110
|
109
|
109
|
Enrolment in vocational schools and science schools (1,000s)
|
24
|
24
|
23
|
23
|
22
|
21
|
Including:
Girls |
8 |
8 |
8 |
8 |
7 |
7 |
Boys
|
16
|
16
|
15
|
15
|
15
|
14
|
Graduates from vocational schools and science schools
|
13
|
13
|
13
|
12
|
13
|
12
|
Including:
Girls |
4 |
4 |
4 |
4 |
4 |
4 |
Boys
|
9
|
9
|
9
|
8
|
9
|
8
|
Expenditure on education from the State budget
Year
|
Expenditure
(billions of manat) |
As percentage of State budget
|
1997
|
563.9
|
19.2
|
1998
|
581.5
|
22.0
|
1999
|
795.1
|
24.4
|
2000
|
909.2
|
23.8
|
2001
|
931.1
|
23.1
|
2002
|
956.2
|
20.5
|
2003 (1st qtr.)
|
461.0
|
17.9
|
Literacy rate of persons aged 15 or older
(percentages)
(Population census data)
|
1998
|
1999
|
Total population
|
97.3
|
98.8
|
Including:
Males
|
98.9
|
99.5
|
Females
|
95.9
|
98.2
|
B. Aims of education (art. 9)
301. Pursuant to article 9 of the Education Act, the education system
consists of the set of successive course curricula at the various levels, the
network of education institutions
teaching these curricula, the education
management agencies, and the other organizations and establishments involved in
the education
process. The main purposes of the education system are to produce
individuals possessing profound and comprehensive knowledge, abilities
and
practical skills, a high level of culture, a sense of responsibility, a
progressive world outlook, and a desire for ceaseless
personal development, and
to produce fellow citizens strong in health, dedicated to their native roots and
the freedom and democratic
traditions of the people of Azerbaijan, deeply imbued
with the ethnic, moral, humanistic, spiritual and cultural values of their
people and constantly protecting and developing them, loving and striving
unwaveringly to exalt their families, native land and ethnic
group, embracing
universal human values, respectful of human rights and freedoms, capable of
creative and independent thought, and
able in terms of status, lofty moral and
spiritual qualities and democratic convictions to stand on an equal footing with
citizens
of the world’s most advanced countries, and thus to produce
people capable of building a highly civilized society and making
Azerbaijan into
one of the most highly developed democratic States in the world.
302. The
system is founded on pre-school education. Pre-school education is provided at
home and in pre-school institutions. In
these institutions children are
educated in close cooperation with their families. The State furnishes
financial and material assistance
for the education and social protection of
young children. The pre-school arrangements include: nurseries,
kindergarten-nurseries,
kindergartens, family kindergartens, kindergarten
schools, boarding kindergartens, day homes, residential homes attached to old
peoples’
homes, institutions for children with mental or physical
disabilities, etc.
303. Children are accepted for pre-school education at
the wish of their parents or the persons acting as parents. The enrolment
procedure is governed by special regulations. The legal relationship between
non-State pre-school institutions and parents or the
persons acting as parents
is governed by an agreement. The content of the educational work conducted in
pre-school institutions
is based on the ethnic heritage supported by universal
human values. The children learn games involving home-making, chivalry, heroism
and patriotism, singing, and the symbols of the State, including the anthem.
Most of the time is given over to programmes based
on subjects taken from the
national oral tradition. The children start to learn foreign languages taught
by special methods. Preference
is given to studying Azeri. There are special
kindergartens or groups for exceptionally gifted children. Here the children
engage
in various additional activities: dance, oratory, swimming, artistic
gymnastics, music, drawing, work, foreign languages, domestic
science, etc.
Similar specialization is available during teacher-training. The numbers of
children enrolled in pre-school educational
groups is regulated by article 14 of
the Education Act.
304. Pursuant to article 23 of the Rights of the Child
Act, the State takes steps to identify and assess at an early age the abilities
of children possessing innate talents; it establishes special bursaries for such
children, sometimes in their name, and finances
a system of special schools, as
well as developing international links in this area.
305. The
country’s leaders give considerable attention to the development of
children’s creativity, the identification
and support of gifted children
and the creation of appropriate conditions for their instruction. The names of
five gifted children
have been entered in the “Golden Book” and they
have been awarded monthly presidential bursaries.
306. In compliance with
the provisions of the Convention, enrolment in children’s music, art and
other schools for the arts
and the Baku Dance Institute is free of any
discrimination in respect of the race, sex, language, religion, political or
other opinions,
national, ethnic or social origin or property status of the
child or the parents.
307. Any talented child can enrol for a nominal fee
(385 manat a month) in children’s music, art and other schools for the
arts.
308. Azerbaijan currently has 232 music, art and other schools for
the arts, with an enrolment of more than 72,000 children. These
schools provide
their pupils with a general education in music, art or dance, familiarizing them
with the arts and nurturing their
aesthetic taste on the models of national and
international work. They produce enthusiasts for amateur artistic activities
and propagators
of knowledge of the arts and train the most gifted children for
admission to an appropriate specialized institution. Many of the
schools have
orchestras, ensembles and dance groups which often perform at various events.
Music schools in the occupied towns and
districts are operating in places where
refugees and forcibly displaced persons are being temporarily
accommodated.
309. In order to meet the demand for dance specialists,
every year the Ministry of Culture sends senior staff of the Baku Dance
Institute
out into the country to recruit exceptionally gifted children. It
currently has 23 students from different areas of the country.
It has put in
place all the necessary arrangements for the students’ accommodation and
instruction. The students are provided
with free board and lodging. The
Institute also has among its students 11 children lacking parental protection,
who found shelter
with the Umid ieri association for homeless children.
The directors of children’s music, art and other schools for the arts, the
Baku Dance Institute
and the national training and further training courses for
persons employed in the world of culture have been instructed to find
room in
their curricula for matters relating to the Convention on the Rights of the
Child.
310. Theatre and concert organizations allot considerable space in
their repertories to productions for children. The Shaig State
Puppet Theatre
uses its shows to cultivate in children kindness and comradeship, the work
ethic, patriotism and a protective attitude
towards the environment. It puts on
shows based on the works of the greatest writers and dramatists. Its repertory
includes classical
works from the past and works by contemporary Azerbaijani and
foreign writers: Akhudov, Shaig, Aslanov, Alizade, Agaeva, Hans-Christian
Andersen, the Brothers Grimm, Perrault, Pushkin, etc.
311. This extensive
repertoire enables the theatre to expand the frontiers of children’s
knowledge of the world and to imbue
its young audience with a spirit of genuine
respect for the cultures of other peoples. Similar State puppet theatres
operate in
Nakhchyvan, Gyandzhe, Salyan and Kakh.
312. The repertory of
the State Theatre for Young Audiences gives considerable space to
children’s plays and fairy tales. This
enables the theatre to have a
serious conversation with young audiences about good and evil, justice and
nobleness. The theatre’s
best children’s pieces are based on
Azerbaijani and Russian folk tales and tales from around the world and on plays
by Azerbaijani
and foreign dramatists.
313. The State Theatre of
Russian Drama puts on shows based on Azerbaijani, Russian and West European folk
tales. The repertories
of the Sumgait Theatre of Music and Drama and many of
the country’s other theatres include productions for children in their
repertories.
314. The Ministry of Culture holds regular reviews,
festivals and competitions in order to identify gifted children. The children
perform in the best theatres and concert halls at events organized by the
State.
315. More than 3,000 students from children’s music schools
and other schools for the arts, not only from Baku but also from
neighbouring
areas, took part in the Goncha-2000 music festival. Children’s choirs,
string and wind ensembles, orchestras
playing national folk instruments, and
solo performers demonstrated their high professional standards. The
festival’s final
concert was dedicated to International Children’s
Day. The winners received diplomas, certificates of merit and
prizes.
316. According to tradition, every two years the city of Baku
holds the Gadzhi Mamedov competition for pupils of children’s
music
schools and other schools for the arts. This year more than 100 competitors in
four disciplines took part in the competition.
At the final concert the winners
were awarded diplomas, certificates of merit and souvenir
gifts.
317. Since 1989 Azerbaijan has had a State children’s
philharmonic society. Its main purpose is the musical education of children
and
young people. It acquaints children with the best examples of Azerbaijani and
foreign music, fosters their creative activities
and cultivates cultured
listeners trained to have a full aesthetic perception of the art of
music.
318. With a view to fostering young talents and identifying
children with a gift for music or dance the Ministry has introduced a
series of
measures to enable talented young people to manifest their gifts to the full.
These measures include the “Musical
September”, “Istedadlar
soragynda” (Talent spotting), and “Young Talents” festivals,
etc.
319. Since 1997 the celebrated musician Mstislav Rostropovich has
been conducting annual master classes for gifted young musicians.
His classes,
seminars, advice and recommendations for the younger generation of performers
have not only become a brilliant occasion
in the country’s cultural life
but have also fostered the professional growth of musicians and led to the
discovery of new
names.
320. In 2000 pupils of children’s music
schools Nos. 3 and 17 and children’s school for the arts No. 4 won the
fifth national
Fikret Amirov wind and percussion competition.
321. The
first Tofik Kuliev music festival was held in 2001, attracting competitors from
children’s schools and schools for
the arts in Baku. The winner (a pupil
at children’s music school No. 30) was awarded a special prize by the
Ministry of Culture.
322. In 2001 pupils from children’s music
schools and schools for the arts took part in the latest Nazim Aliverdibekov
young
musicians’ competition. The competition was won by a girl student
from children’s music school No. 35.
323. In April 2002 pupils from
children’s music schools in Baku took part in the first Caspian jazz
festival.
324. In 2002, 48 pupils from children’s music schools and
schools for the arts from all parts of the country participated in
the sixth
Fikret Amirov national wind and percussion competition. The winners were
awarded cash prizes by the Ministry of Culture.
325. In 2002 pupils from
children’s music school No. 15 gave solo performances in the organ and
chamber music auditorium.
326. In 2002 pupils from children’s music
schools and schools for the arts gave a local concert in Khachmas district. The
best
performers were presented with certificates of merit and valuable
gifts.
327. At the Goncha-2000 traditional music festival more than 2,000
pupils from children’s music schools and schools for the
arts in Baku
demonstrated their skills. The children performed solo numbers and as members
of string and wind ensembles, an orchestra
of national folk instruments, a
combined choir, a combined ensemble of nagara players (traditional drums)
and dance ensembles made up of pupils from Baku’s children’s music
schools and schools for
the arts.
328. A national children’s
competition for performers of mugham (traditional music) was held in
September 2002 in order to promote the preservation and development of
mugham. Several of the winners came from children’s music schools
Nos. 22 and 35 in Baku, one from the children’s music school
in Astarin
district and one from the school in Lachin district. At the end of every
academic year concerts are given by pupils from
children’s music schools
and schools for the arts in Baku in the organ and chamber music auditorium, the
Rashid Beibutov theatre
of song and the Shovket Mamedova opera studio.
Graduates of the Baku Dance Institute perform on the stage of the State Academic
Theatre of Opera and Ballet.
329. A festival of choral groups from
children’s music schools and schools for the arts held in April 2003 was
attended by more
than 2,000 children. The festival’s closing concert was
given in the State Theatre of Musical Comedy.
330. In 2003, on the
initiative of the New Baku-Vienna Austro-Azerbaijani Society, an
artistic/political event was held in Baku in
connection with the International
Year of Disabled Persons with the participation of leading Austrian and
Azerbaijani practitioners
of the arts. Under the auspices of this Society the
Saiyakh children’s dance ensemble took part in an international
children’s
festival in Austria in a concert programme organized for
inmates of children’s homes and disabled children.
331. The
Beri-Bakh children’s vocal ensemble performed in Moscow in June 2003,
under the artistic direction of Maestro of the
Republic Rauf Babaev, on the
occasion of the Azerbaijani culture days.
332. Pupils from
children’s music schools and schools for the arts perform with success at
various festivals and competitions
held outside Azerbaijan.
333. The
Lok-Batan folk ensemble of music school No. 9 in Baku has taken part on several
occasions in international folk festivals,
in Turkey, France, Brazil, Great
Britain, Israel, China and Canada.
334. Pupils from children’s
music school No. 21 performed a concert before the French Senate in the
Luxembourg Palace in Paris
and at the Berlioz international competition in
Côte-Saint-André, France, in August 2001.
335. In 2001 the
Beri-Bakh children’s vocal ensemble from music school No. 21 performed in
Turkey and Egypt and took part in
the Azerbaijani culture days in Moscow. At
the “Slavonic Bazaar in Vitebsk 2000” children’s festival of
the creative
arts this ensemble won the children’s concert programme
competition and was awarded a special prize for “the festival’s
most
ringing sound” and a diploma of honour from Bulgaria.
336. In April
2002 the Aisel dance group from children’s school for the arts No.2 took
part in an international children’s
festival in Turkey.
337. In
June 2002 students from the Baku Dance Institute performed at the third
international ballet festival in Austria and were
awarded diplomas. The
Institute was awarded the Nadezhda Cup for its training of young
talents.
338. The Saiyakh national dance ensemble, which was founded in
1991 under the auspices of the Centre for Cultural Methodology of
the Ministry
of Culture, now has a membership of more than 200 young dancers in three age
groups from six to 18. The ensemble has
represented Azerbaijan with success at
international festivals in Turkey, Iraq, Poland, Italy, Israel, Bulgaria, Taiwan
and Brazil.
In 1996-2000 the ensemble took part in the first and second World
Folklore Festivals, held in the Netherlands and Japan. In 2002
it performed
successfully at the festival of peoples and nations of the world in
Austria.
339. The Ministry of Culture pays special attention to the
development of children’s creativity as artists. Young artists have
taken
part in international exhibitions of children’s art in Great Britain,
Israel, Japan and Russia.
340. Every year on Children’s Protection
Day the Ministry holds children’s art exhibitions. District art galleries
hold
periodic art competitions for schoolchildren. The latest one was held
under the banner “Children against War” by the
State Art Gallery of
Bardin district in conjunction with Save the Children Fund USA.
341. A
national competition on the theme “Me in the new millennium” was
held as part of the festival of children’s
art under the programme
“Support for children’s art and creativity” of the
International Child Art Foundation.
The best work was sent to
Washington.
342. In 2001, 17 examples of the work of children’s art
schools were sent to the Islamic Republic of Iran as entries in the
second
international competition/exhibition “Dialogue among artists” and
“The Silk Road”.
343. Solo exhibitions by a 12-year-old
artist were presented in June 2001 in Brussels and in April 2002 in the Gyz
Galasy art gallery
in Baku.
344. On 1 June 2002 an exhibition of
children’s art entitled “Monuments through children’s
eyes” was held
in conjunction with the Union of Artists of Azerbaijan and
the National Commission of UNESCO in Azerbaijan in order to acquaint the
younger
generation with monumental buildings and spark an interest in and a love for
their country’s history and cultural heritage.
The exhibition, which was
staged in the exhibition hall of the Miniatures Centre, included works by over
150 children from Azerbaijan,
Norway and Great Britain. The winners received
diplomas.
345. The Ministry currently has under its wing 4,091 libraries
and 3,016 clubs with a large membership of children and young people.
These
facilities foster the comprehensive development of children’s abilities in
the various branches of the arts and their
social lives and sense of discipline
and organization.
346. Work is proceeding on the modernization of
children’s libraries and the installation of computers. In July 2003 the
Bileien
(Connoisseur) multimedia room was opened in the Korcheli national
children’s library.
347. An internet room was opened in the
children’s library in Baku with the support of the Open Society Institute
- Azerbaijan
(Soros Foundation).
348. Active steps are being taken to
expand and improve the activities carried on in children’s clubs and in
culture and recreation
parks by children’s and young people’s
circles and groups, independent artistic creation groups, representational art
workshops, hobby clubs, amateur associations, and foreign language
clubs.
349. Azerbaijan has established all the necessary conditions to
enable children to participate freely in cultural life and pursue
their creative
interests in clubs and similar organizations. The current total of 3,632
children’s clubs and circles operating
in the Ministry’s system of
houses of culture and clubs caters for 50,417 children and young people,
including 2,911 members
of hobby clubs for the arts.
350. The work done
by national, district and municipal children’s libraries to enhance
schoolchildren’s appreciation of
the arts is being improved.
Children’s literature is actively promoted by these libraries, which hold
book days, talks, matinee
performances, and meetings with writers, poets,
painters, actors and composers.
351. Several events were organized for
Children’ Protection Day under the banner “Children are our
future”. Concerts
were held in the children’s auto-village and in
the National Centre for the Disabled. Children’s home No. 3 held an
evening of music and literature. The national children’s library prepared
and conducted seminar-conferences for library personnel
on the theme “The
role of libraries in fostering appreciation of the arts by children and young
people” in Baku and in
Ismaillin and Oguz districts.
352. State
museums carry out specific activities to enhance the appreciation of the arts
and sense of patriotism of the younger generation.
The State Museum of Musical
Culture runs a children’s violin ensemble. The Mustafaev Museum of the
Arts and the Dzhabarla
State Museum of the Theatre hold regular meetings of
students and professional painters, actors, writers and
directors.
353. In connection with the declaration of 2001 as Year of the
Child, the Ministry of Culture is giving special attention to the further
expansion of the work with children carried on by clubs, libraries, museums,
theatres and concert organizations, and culture and
recreation
parks.
354. The rural network of schools for the arts is being expanded.
At present, 85 villages nation-wide have children’s music
schools and
schools for the arts.
355. On 1 June every year the nation’s
cultural institutions mark International Children’s Day . Matinee
performances,
concerts, evenings of music and literature, and stage performances
are held in clubs, museums, libraries and parks.
356. With a view to
acquainting children and their parents with the Convention, libraries and clubs
organize lectures, talks, reading
days, stands and photo exhibitions on the
rights of the child. Children’s libraries throughout the country set up
stands and
exhibitions on the protection of children’s rights. The
Kocherli national children’s library has hosted discussions
with children
on the theme “Do you know your rights?” and discussions with parents
on the theme “Let’s protect
children’s
health”.
357. Clubs in Belokan district have held discussions and
round tables on the themes “Your rights and duties” and
“Children
are our future”.
358. The houses of culture in
Terter district organized a parents’ day. Mass awareness-raising events
were held on the themes
“Children need looking after”,
“Parent-child relations” and “A healthy child means a healthy
future”,
calling for children to be treated with patience, courtesy and
kindness.
359. Since 2001 the Ministry for Youth, Sports and Tourism, the
Ministry of Education, the Voluntary Military-Patriotic and Sports
Technology
Association and the National Council of Youth Organizations have held an annual
competition in scientific and technical
creativity for children and adolescents
in order to boost their interest in the exact sciences and technical creativity.
The competition
attracts children from all over the country. An annual average
of 3,000 children take part in it.
360. In order to familiarize children
with information technology the Ministry for Youth, Sports and Tourism also
holds competitions
in computer graphics and programming. In conjunction with
representatives of higher education institutions and the National Academy
of
Sciences it is formulating a programme to foster schoolchildren’s interest
in information technology, expand their access
to electronic information and, in
particular, to opportunities for distance learning in various subjects.
|
1997
|
1998
|
1999
|
2000
|
2001
|
2002
|
Children’s music and art schools and other schools for the arts
|
218
|
220
|
231
|
231
|
234
|
232
|
Theatres
|
6
|
6
|
6
|
6
|
6
|
6
|
Libraries
|
116
|
114
|
111
|
114
|
105
|
106
|
Circles and clubs
|
3,581
|
3,587
|
3,512
|
3,632
|
3,734
|
3,614
|
C. Leisure, recreation and cultural activities (art. 31)
361. Pursuant to article 25 of the Rights of the Child Act, every child
is entitled to leisure and to engage in activities in his
free time. Children
are free to decide on their leisure and out-of-school activities in the light of
their interests and abilities.
Parents and persons acting as parents and the
competent State agencies are required to take steps to prevent children’s
exposure
to bad influences during their leisure and recreation
time.
362. With a view to the rational organization of children’s
leisure and recreation and providing them with opportunities for
cultural and
creative activity, the State established and is operating an extensive network
of out-of-school institutions and sporting
and cultural establishments for
children and young people, as well as other places of recreation; it also
established rules for the
use of these facilities free of charge or on
preferential terms.
363. The destruction of places used for the
organization of out-of-school recreational and free-time activities for children
or the
use of such places for other purposes is prohibited, except in cases
involving construction works of special importance to the
State.
364. Work is currently proceeding on a State programme entitled
“State support for leisure activities for children and
families”.
365. However, the system of summer camps for children
needs to be reorganized in the light of the new economic circumstances. This
will bring larger numbers of children within the scope of organized leisure
activities, improve the targeting of social assistance
and upgrade the services
provided. A Policy Outline on the organization of summer camps nation-wide is
currently being drafted.
366. Azerbaijan’s institutions for culture
and the arts are making considerable efforts to comply with the provisions of
the
Convention. For example, seminars are held for their personnel on the work
which needs to be done for the benefit of children by
clubs, libraries,
children’s music and art and other schools for the arts, as well as by
other institutions; measures for application
of the Convention have been
identified. The curricula of the Baku Dance Institute and the national courses
for the training and
further training of the personnel of cultural institutions
include provision for study of the requirements of the
Convention.
367. All the departments of the Ministry of Culture have been
instructed to provide information on their application of the provisions
of the
Convention as part of an effort to establish systematic data collection with a
view to producing suitable indicators of cultural
standards.
368. The
Ministry of Culture of the Nakhchyvan Autonomous Republic and the cultural
agencies and offices of Azerbaijan’s towns
and districts have been
instructed to give priority attention to children’s institutions in the
allocation of their budgetary
resources.
369. These cultural agencies and
offices, in conjunction with education, youth, sports and tourism institutions,
are carrying out
a number of measures for the implementation of specific
programmes to protect children and enhance the moral education of children
and
adolescents and their appreciation of the arts.
370. Over the past three
years the Ministry for Youth, Sports and Tourism has introduced leisure and
personal development activities
for some 2,000 children in several categories
(creative and gifted children, refugee children, orphans, children lacking
parental
protection, and disabled children).
371. A new joint working
method is being prepared for State agencies and NGOs to improve the coordination
of efforts to create the
best possible living conditions for children. The
Ministry encourages the work of NGOs, often funding projects submitted by them
for the comprehensive development of children and adolescents
Non-school education institutions
|
2002
|
|
TOTAL INSTITUTIONS
|
373
|
376
|
Including:
|
11
|
10
|
Youth, tourism and regional studies centres
|
|
|
Chess schools
|
58
|
60
|
Non-school facilities
|
9
|
6
|
Creative centres for children
|
77
|
82
|
Technical creativity centres
|
66
|
66
|
Environmental education and practical centres
|
59
|
59
|
Children’s sports schools
|
86
|
86
|
Arts appreciation centres
|
3
|
3
|
Children’s and school parks
|
1
|
2
|
Physical training clubs for children and young people
|
3
|
2
|
VIII. SPECIAL PROTECTION MEASURES
A.
Children in situations of emergency
1. Refugee children (art. 22)
372. Despite the measures for
the protection of the rights of the child introduced by the Government,
Azerbaijan is still facing problems
in this area caused by Armenia’s
aggression.
373. As a result of that aggression more than 17,000 square
kilometres of Azerbaijan’s territory (about 20 per cent of the country)
was occupied, over 50,000 persons were injured or disabled, over 18,000 lost
their lives, 877 settlements were pillaged or destroyed,
as were in excess of
600 schools and other education institutions, 250 medical facilities, and most
of the monumental buildings in
the occupied zone. As a result of the aggression
and the ethnic cleansing of Azerbaijanis both from the territory of Armenia
itself
and from the occupied Azerbaijani territory, Azerbaijan now has about a
million refugees and displaced persons. In total, 4,965
persons are missing as
a result of the conflict, including 69 children, 320 women and 358 old
people.
374. Of particular concern is the fact that children are counted
among the hostages taken by Armenia, in violation of article 38,
paragraphs 1
and 4, of the Convention on the Rights of the Child. This contradicts the
fundamental principles of humanitarian and
international law. On this issue
Azerbaijan, some of whose very young citizens are being held hostage, calls for
support from the
international community.
375. Agencies of the State are
taking urgent action to mitigate the consequences of the war and the crisis in
the lives of Azerbaijan’s
people, especially its children. Steps are
being taken to make arrangements for the education of refugee children. A total
of 89,985
refugee children from Armenia and children forcibly resettled from the
occupied territory of Azerbaijan are being educated free of
charge in 695
general education schools for such children.
376. Pursuant to article 39
of the Rights of the Child Act, refugee children and forcibly resettled children
have the right to the
status corresponding to their situation. The State is
introducing emergency measures to provide the necessary protection and
humanitarian
assistance for such children; it is organizing searches for missing
children, cooperating for this purpose with international agencies,
and is
furnishing the necessary support for the work of non-State
organizations.
377. Under article 30 of the Act, the State runs special
programmes to protect children living in areas affected by military activities,
epidemics, and natural and environmental disasters and children suffering the
effects of such phenomena, as well as children from
one-parent and needy
families and children of war martyrs.
378. Under article 38, the State
provides emergency and other essential assistance for children finding
themselves in difficulties
as a result of natural disasters or accidents and
takes urgent action to evacuate them to safe places. If they have lost their
parents
these children are provided for by the State under the same arrangements
as apply to other children lacking parental protection.
379. Pursuant to
article 3 of the Refugees and Forcibly Displaced Persons (Status) Act, persons
who have acquired the status of refugee
or forcibly displaced person are
guaranteed under the arrangements established by law:
(a) Provision of
the necessary free medical assistance and everyday necessities on preferential
terms in their place of temporary
residence for the elderly, children, needy
persons and persons who have lost their breadwinner;
(b) Education for
pre-school children , adolescents and young people in appropriate education
institutions.
Distribution of children of forcibly displaced persons, by
age and sex
(at the beginning of 2003)
|
Number of children |
---|---|
Total aged up to 15 years
Including: |
200,796
|
Aged 5
|
80,085
|
6-12
|
86,131
|
13-15
|
34,580
|
Total boys
Including: |
96,190
|
Aged 5
|
38,169
|
6-12
|
41,680
|
13-15
|
16,341
|
Total girls
Including: |
104,606
|
Aged 5
|
41,916
|
6-12
|
44,451
|
13-15
|
18,239
|
380. Pursuant to article 37 of
the Rights of the Child Act, the State assumes responsibility for the provision,
in accordance with
the rules of international law, of protection for children in
areas affected by armed conflicts. The military authorities must do
everything
possible to evacuate children from conflict zones to safe places for the
protection of their lives and health. The direct
participation of children aged
under 15 in military action is prohibited. The rules governing the admission of
children to military
training schools are set out in the relevant national
legislation.
381. Article 116.0.5 of the Criminal Code recognizes the
recruitment of minors into the armed forces as a violation of the rules of
international humanitarian law applicable to armed conflicts and as an act
punishable under criminal law.
B. Children in conflict with the law
1. The administration of juvenile justice (art.
40)
382. Pursuant to article 3 of the Code of Criminal Procedure, the
basis of criminal liability is the commission of an act (or an omission)
having
all the characteristics of a crime as specified only in the
Code.
383. According to this Code, the principle of legality (art. 10),
the equality of all persons before the courts and the law (art.11),
respect for
honour and dignity (art.13), the right to professional legal assistance
(art.19), the presumption of innocence (art.
21), the free services of an
interpreter (art. 26) and the right of appeal to a higher court (art. 35) are
extended equally to juveniles
involved in criminal
proceedings.
384. Under article 432.2 of the Code, it is mandatory for a
lawyer to appear on behalf of juveniles.
385. Article 432.4 provides that
the fundamental procedural guarantees must be applied at all stages of
preliminary investigations
in juvenile cases in respect of the following
rights:
(a) The right to be informed of the charge;
(b) The
right to refuse to give testimony;
(c) The right to defence
counsel;
(d) The right of parents or other legal representatives to
participate;
(e) The right to confidentiality.
386. Under article
432.5 of the Code, the investigator must ensure that an education professional
or psychologist is present during
investigations involving children under 16 and
mentally retarded minors.
387. The termination of the proceedings in
juvenile cases is subject in all cases to the consent of the juvenile or his
parents or
other legal representatives in accordance with article
432.6.
388. The parents or other legal representatives must be informed
immediately of the arrest of a juvenile (art. 433.1).
389. The parents or
other legal representatives have the right to be present at court hearings in
juvenile cases (art. 435.3).
390. A convicted juvenile may be transferred
from one type of young offenders’ institution to another or from such an
institution
to a place of imprisonment on application by his legal
representative or defence counsel or by the institution (art.
514.2).
391. Convicted juveniles may be held in young offenders’
institutions until age 24 (art. 514.4).
392. The Penal Enforcement Code
provides that juveniles sentenced to a term of deprivation of liberty must serve
their time in a general-regime
or strict-regime young offenders’
institution (art. 123). In places of detention juveniles must be housed
separately from
adult offenders (art. 72.1). The places of detention for
juvenile offenders must provide better physical living conditions and comply
with special catering rules (art. 91.8). On their release juvenile offenders
lacking parents may be sent, when necessary, to a residential
institution or
placed in the care of the Ministry of Education (art. 175.4).
393. The
Administrative Offences Code provides that children aged 16 to 18 who have
committed an administrative offence may be relieved
of administrative liability
by a commission on minors’ affairs and protection of their rights in the
light of the specific
circumstances of the case and the offender’s degree
of mental development, home circumstances, state of health and level of
education; the measures prescribed in the Regulations governing commissions on
minors’ affairs and protection of their rights
may be applied to such
persons (art. 15.3).
394. For the purposes of imposition of an
administrative penalty in respect of the commission of an administrative offence
by a juvenile
the perpetrator’s youth is recognized as a mitigating
circumstance. (art. 33.1.3).
395. A juvenile may be required temporarily
to leave the place of the administrative proceedings if the discussion of the
facts may
have an adverse effect on him (art. 371.6).
396. The interests
of natural persons subject to administrative proceedings and of injured parties
who are under the age of majority
or whose physical or mental deficiencies
prevent them from asserting their rights independently may be defended by their
legal representatives
(art. 373.1).
397. Parents, adoptive parents,
tutors and guardians are regarded as legal representatives of the interests of
natural persons.
398. If a natural person subject to administrative
proceedings or an injured party has no legal representatives, the competent
official
conducting the proceedings recognizes a tutorship and guardianship
agency as legal representative (art. 373.3).
399. The kinship or
empowerment of persons acting as legal representatives of natural persons must
be verified from the relevant documents
in accordance with the procedure
established by law (art. 373.4).
400. The legal representative of a
natural person subject to administrative proceedings or of an injured party has
the rights and
duties specified in the Code in respect of the person represented
(art. 373.5).
401. When hearing administrative cases against persons aged
under 18 the judge or competent organ or official may declare the presence
of
their legal representatives mandatory (art. 373.6).
402. The
participation of a lawyer is mandatory in cases involving juveniles or dumb,
blind or deaf persons or other persons whose
physical or mental deficiencies
prevent them from asserting their right to defence independently, as well as in
cases involving persons
who have committed an administrative offence carrying an
administrative penalty in the form of administrative detention (art.
376).
403. Minors aged under 14 are questioned in the presence of an
education professional or a psychologist. When necessary, such minors
may be
questioned in the presence of their legal representative (art.
377.4).
404. The competent organ or official must immediately notify the
parents or legal representatives of the arrest of a minor (art.
401).
405. Administrative cases against juveniles are heard at their
place of residence (art. 420).
406. Orders for the termination of
administrative proceedings may be made even when the case has been referred to a
commission on
juvenile cases and protection of the rights of juveniles (art.
425.2).
407. Natural persons acting as the legal representative of a
juvenile, representatives of legal persons against whom an order has
been made,
injured parties and defence counsel have the right to appeal against
administrative orders, and procurators have the right
to contest them
(art. 430.1).
408. When there are grounds, submitted by a
juvenile’s parents or the persons acting as his parents, for considering
the postponement,
delay, suspension or revocation of the application of an order
imposing an administrative penalty or fine on the juvenile, the matter
must be
heard within three days by the judge or the competent organ or official making
the order (art. 443.1).
409. Pursuant to article 20.1 of the Criminal
Code, persons aged 16 or older at the time of the commission of a crime may be
held
criminally liable for it.
410. Persons aged at least 14 years at the
time of commission of the crime incur criminal liability in respect of
intentional murder,
intentional infliction of serious or less serious harm to a
person’s health, kidnapping, rape and other acts of sexual violence,
theft, robbery, robbery with violence, extortion, unlawful taking of an
automobile or other means of transport without intention
to steal, intentional
aggravated destruction or damage of property, terrorism, hostage-taking,
aggravated hooliganism, theft or misappropriation
of firearms, ammunition,
explosives or explosive devices, theft or misappropriation of narcotic drugs or
psychotropic substances,
and rendering means of transport or communication
unusable (Criminal Code, art. 20.2).
411. A juvenile does not incur criminal liability if he has reached the age mentioned in articles 20.1 and 20.2 of the Criminal Code but, as a result of delayed psychological development not connected with imbecility or some other mental disturbance, was unable at the time of commission of a crime not representing a great social danger or of a less serious crime fully to understand the actual nature or the social danger of his actions (acts or omissions) or to control them (art. 20.3).
412. Under article
59.1.2 of the Criminal Code, the fact that a crime was committed by a juvenile
is recognized as a mitigating circumstance.
413. Juveniles are defined as
persons aged at least 14 but under 18 years at the time of the commission of the
crime (art. 84.1).
414. Under article 84.2, a criminal sentence or
compulsory measures of a re-educational nature may be imposed on juvenile
offenders.
415. The following types of penalty may be imposed on juvenile
offenders: fines, community service, correctional work, and deprivation
of
liberty for a specified term (art. 85.1).
416. According to article 85.2,
a fine may be imposed only when the juvenile offender has independent earnings
or property on which
the fine may be levied. A fine may amount to between 30
and 300 times the minimum wage fixed by law.
417. Community service,
which may be ordered for a period of between 40 and 160 hours, consists of work
suited to the juvenile offender’s
capabilities performed in his free time
from school or main occupation. The duration of this kind of sentence may not
exceed two
hours a day for persons aged up to 15 or three hours a day for
persons aged 15 to 16 (art. 85.3).
418. Correctional work may be imposed
on juvenile offenders for between two months and one year. In this case the
State withholds
pay from the offender’s earnings in the amount fixed in
the court order, within a range of five to 20 per cent
(art.85.4).
419. Under article 85.5, juvenile offenders may be sentenced
to deprivation of liberty for terms of not more than 10 years. Juvenile
offenders serve such sentences in the following types of reform
institution:
(a) Males sentenced to deprivation of liberty for the first
time and females: in ordinary-regime institutions (art.
85.5.1);
(b) Males sentenced to deprivation of liberty on a previous
occasion: in a strengthened-regime institution (art. 85.5.2).
420. When
sentencing a juvenile the court takes into account his personal and family
circumstances, degree of mental development and
other features of his
personality, as well as the influence of other persons on him (art.
86.1).
421. For sentencing purposes the offender’s youth is taken
into account as a mitigating factor in conjunction with other mitigating
or
aggravating circumstances (art. 86.2).
422. A warning consists of an
explanation to the juvenile of the harm caused by his act and the consequences
of a repetition of the
offence specified in the Criminal Code (art.
87.1).
423. Placement under supervision means making the parents or the
persons acting as parents or the competent executive agency responsible
for
re-educating a juvenile and monitoring his behaviour
(art.87.2).
424. Liability to make good any harm done may be ordered in
the light of the juvenile’s property status and his possession of
the
necessary work skills (art. 87.3).
425. The imposition of restrictions on
a juvenile’s free time and special conditions on his conduct may include a
prohibition
on frequenting certain places, engaging in certain forms of leisure
activity, among them the operation of certain means of mechanized
transport,
leaving his home after a certain time of day, and travelling to other places
without authorization from the appropriate
State agency. A juvenile may also be
required to continue his education or find employment with the assistance of the
competent
executive agency. The imposition of such restrictions or special
requirements may include other measures (art. 87.4).
426. Juvenile
offenders convicted for the first time of a crime not representing a great
social danger or of a less serious crime
may be relieved of criminal liability
if it is thought that compulsory re-education measures may be sufficient to
secure their correction
(art. 88.1).
427. Pursuant to article 88.2 of the
Criminal Code, the following compulsory re-education measures may be imposed on
juvenile offenders:
(a) Warnings (article 88.2.1);
(b) Placement
under the supervision of parents or the persons acting as parents or the
competent State agency (art. 88.2.2);
(c) Compensation orders with
respect to the harm caused (art. 88.2.3);
(d) Imposition of restrictions
on free time and special conditions on conduct
(art. 88.2.4).
428. Several such measures may be imposed on a
juvenile at the same time. The duration of the re-educational measures
specified in
articles 88.2.2 and 88.2.4 of the Criminal Code is fixed by the
State agency imposing the measures (art. 88.3).
429. If a juvenile fails
persistently to comply with an order for compulsory re-education measures, the
measures may be lifted on
the application of the competent State agency and the
documents of the case forwarded to the courts with a view to the
juvenile’s
criminal prosecution (art. 88.4).
430. A juvenile
convicted of a crime not representing a great social danger or of a less serious
crime may escape the imposition of
the compulsory re-education measures
prescribed in article 87.2 of the Criminal Code (art. 89.1).
431. The
court may decide not to punish a juvenile convicted of a less serious crime if
it considers that the purposes of punishment
can be achieved only by means of
placement in a re-education or medical/re-education institution for such
juveniles. The duration
of a juvenile’s stay in such an institution may
not exceed the maximum term prescribed by the Code for the offence in question
(art. 89.2).
432. In accordance with the decision of the competent State
organ concerning a juvenile’s correction and the consequent
discontinuation
of the need to impose the measure in question, a juvenile may be
released from the institution before the expiry of the period specified
in
article 89.2 of the Code (art. 89.3).
433. Conditional early release
under article 90.0 of the Code may be ordered in respect of juveniles sentenced
to correctional work
or to deprivation of liberty once they have
served:
(a) At least one third of a sentence imposed for a crime not
representing a great social danger or for a less serious crime (art.
90.0.1);
(b) At least one half of a sentence imposed for a serious crime
(art. 90.0.2);
(c) At least two thirds of a sentence imposed for an
exceptionally serious crime (art. 90.0.3).
434. The statutes of
limitation with regard to the release of juveniles from criminal liability or
from serving a sentence are reduced
by one half (art. 91).
435. Pursuant
to article 92 of the Criminal Code, in the case of juvenile offenders the period
required for the expunging of criminal
records is reduced to the following
levels, as appropriate:
(a) One year from the day of completion of a
sentence of deprivation of liberty for a crime not representing a great social
danger
or for a less serious crime (92.0.1);
(b) Three years from the
day of completion of a sentence of deprivation of liberty for a serious or
exceptionally serious crime (art
92.0.2).
436. In accordance with
articles 4-7 of the Order “On commissions on minors’ affairs and
protection of their rights”
approved by the Order on Commissions on
Minors’ Affairs and Protection of their Rights (Approval) Act, these
commissions consider
cases or files referred to them by the competent State
agencies concerning administrative offences involving juveniles aged under
18
and they order one of the disciplinary measures specified in the first part of
article 9 of the Order.
437. Within three days the competent State
agencies must refer cases or files concerning administrative offences involving
juveniles
to a local commission. Pursuant to the Administrative Offences Code,
the local commissions also consider the administrative cases
referred to in
articles 51, 297 and 307 of the Code and impose administrative penalties on
persons guilty of administrative offences.
438. Under article 5 of these
Regulations, the local commissions are empowered inter alia:
439. At least twice a year the local commissions in Baku
submit reports on their work to the commission attached to the competent
executive agency, and the local commissions in the Nakhchyvan Autonomous
Republic submit reports to the commission attached to its
competent executive
agency. The commissions attached to the competent executive agency in Baku and
the competent executive agency
of the Autonomous Republic, and all the other
local commissions with the exception of the local commissions in Baku and the
Autonomous
Republic submit reports on their work at least twice a year to the
commission attached to competent executive agency of the Republic
of
Azerbaijan.
440. Under article 6 of the Regulations, the commission
attached to the competent executive agency of the Republic of Azerbaijan is
empowered inter alia:
(a) To coordinate the activities of the local
commissions designed to prevent homelessness and the commission of unlawful acts
by
minors, to eliminate the causes of these phenomena, and to protect the rights
and legitimate interests of minors;
(b) To take part in the drafting of
laws and regulations relating to the protection of the rights and legitimate
interests of minors;
(c) When necessary, to create temporary working
groups to resolve specific issues;
(d) To monitor the activities of the
commission attached to the competent executive agencies in the Nakhchyvan
Autonomous Republic
and in Baku, to coordinate these activities, to provide the
commissions with procedural back-up, and to compile and disseminate information
about the successful aspects of their work;
(e) To review the decisions
of local commissions on the placement of minors in special re-education and
training institutions and
to revoke such decisions when they are found to be
unlawful or unwarranted.
441. The commission attached to the competent
executive authority of the Republic of Azerbaijan may also have recourse to the
powers
provided for in article 5 of the Regulations.
442. Under article 7
of the Regulations, the commissions attached to the competent executive agencies
in the Nakhchyvan Autonomous
Republic and in Baku are empowered inter
alia:
(a) To coordinate the activities of the local commissions designed
to prevent homelessness and the commission of unlawful acts by
minors in the
Autonomous Republic and in Baku, to eliminate the causes of these phenomena, and
to protect the rights and legitimate
interests of minors;
(b) To take
part in the drafting of laws and regulations relating to the protection of the
rights and legitimate interests of minors;
(c) When necessary, to create
temporary working groups to resolve specific issues;
(d) To monitor the
activities of the local commissions in the Autonomous Republic and in Baku, to
coordinate these activities, to
provide the commissions with procedural back-up,
and to compile and disseminate information about the successful aspects of their
work;
(e) To review the decisions of the local commissions in the
Autonomous Republic and in Baku on the placement of minors in special
re-education and training institutions of the open type and to revoke such
decisions when they are found to be unlawful or unwarranted.
443. The
commissions attached to the competent executive agencies in the Nakhchyvan
Autonomous Republic and in Baku may also have
recourse to the powers provided
for in article 5 of the Regulations.
444. Under article 9 of the
Regulations the commissions may impose one of the following types of
disciplinary measure on minors, taking
into account their character, the reasons
for the unlawful act, their age and personal circumstances, the degree of their
involvement
in the commission of the unlawful act, and their conduct at school
and at work and in the other areas of their lives:
(a) Apology
(acknowledgement by the person concerned of his guilt or error in respect of the
commission of the act, with an undertaking
not to repeat the act in the
future);
(b) Warning (explaining to the person concerned the harm
resulting from his act and the degree of danger and the nature of the act,
with
a reminder that severer disciplinary action will be taken against him if he
repeats the act);
(c) If the minor has independent earnings and the
amount of the damage is less than 30 official financial units, a
requirement that
the minor pays compensation for the damage caused or makes good
by his labour material damage not exceeding 30 official financial
units;
(d) Placement of the minor under the supervision of his parents
or other legal representatives (such placement means making the parents
or other
legal representatives responsible for re-educating the minor and monitoring his
conduct);
(e) Submission to the tutorship and guardianship agency of
proposals for minors aged 15 to 18 to be deprived of the right to dispose
of
their earnings or bursaries as they wish;
(f) Placement in a special
re-education and training institution of the open type for minors who have
committed a crime not representing
a great social danger or a less serious crime
but are below the age of criminal responsibility fixed by the criminal
law;
(g) Placement of difficult minors, with the consent of their
parents or other legal representatives, in a special re-education and
training
institution of the open type;
(h) Application to the courts concerning
for the placement in a special re-education and training institution of the
closed type
of minors who have committed a serious or exceptionally serious
crime but are below the age of criminal liability fixed by the criminal
law.
445. The legal bases for the operation of special re-education and
training institutions of the open and closed types are established
by the
competent national executive agency.
446. A commission decision to warn a
minor remains in force for one year. If a minor on whom a disciplinary measure
in the form of
a warning has been imposed demonstrates by his model behaviour
and conscientious attitude to work and study that he has mended his
ways, the
commission may decide to lift the measure before the expiry of the one-year
period.
447. If the disciplinary measures selected for a minor prove
ineffective, the commission may impose the more severe disciplinary measures
provided for in the first part of this article. If even these measures prove
ineffective, an administrative case concerning a minor
aged 16 to 18 may be
referred back by a commission to the competent State agencies for their
consideration with a view to the institution
of administrative proceedings
against the minor in respect of his acts.
Juvenile offenders aged 14 to 17
|
1997
|
1998
|
1999
|
2000
|
2001
|
2002
|
2003
1st qtr. |
No. of juvenile offenders
|
716
|
601
|
596
|
573
|
444
|
432
|
229
|
448. Pursuant to article 42 of the Rights of the
Child Act, the investigation of cases involving children must be conducted in
accordance
with special procedures which safeguard their honour and dignity and
take into account their age and individual characteristics.
Children are
guaranteed protection from the moment when they are arrested as a suspect or
formally charged. In the cases prescribed
by law investigations are conducted
in the presence of the child’s parents or legal representatives or
guardian. It is prohibited
to exert mental or physical pressure on a child or
to force him to give evidence or confess his guilt. In cases when a measure of
punishment in the form of deprivation of liberty is imposed on a child, in the
light of the circumstances of the case the lower level
of the term prescribed by
law may be imposed. Children held on remand or sentenced to imprisonment may
not be housed together with
adults, except when this is necessary in their best
interests. The administrations of places of confinement where children are held
must create appropriate conditions to ensure that the children under their care
grow up to be conscientious and worthy citizens and
acquire suitable education
and vocational skills.
449. The country’s sole children’s
colony currently houses some 70 inmates. The colony’s administration pays
considerable
attention to the rehabilitation of these children. It has a
general education school and a number of club activities, including
music, dance
and drama. Sports competitions are held regularly. With a view to the
children’s social rehabilitation and dispelling
their sense of isolation,
the colony’s managers organize meetings for them with public figures,
well-known sportsmen and sportswomen
and cultural figures. Sports competitions
are held between the inmates and children from the city’s ordinary
secondary schools.
Inmates regularly benefit under presidential pardons. The
colony’s administration and a number of human rights organizations
took an
initiative to establish a Council of Guardians, which includes representatives
of the Ministry for Youth, Sports and Tourism,
the Ministry of Education and a
number of non-governmental organizations and local
authorities.
450. Under article 42 of the Act, the investigation of cases
involving children must be conducted in accordance with special procedures
which
safeguard their honour and dignity and take into account their age and
individual characteristics. Children are guaranteed
protection from the moment
when they are arrested as a suspect or formally charged. In the cases
prescribed by law investigations
are conducted in the presence of the
child’s parents or legal representatives or guardian. It is prohibited to
exert mental
or physical pressure on a child or to force him to give evidence or
confess his guilt. In cases when a measure of punishment in
the form of
deprivation of liberty is imposed on a child, in the light of the circumstances
of the case the lower level of the term
prescribed by law may be imposed.
Children held on remand or sentenced to imprisonment may not be housed together
with adults, except
when this is necessary in their best interests. The
administrations of places of confinement where children are held must create
appropriate conditions to ensure that the children under their care grow up to
be conscientious and worthy citizens and acquire suitable
education and
vocational skills.
451. Pursuant to article
57.2 of the Criminal Code, life imprisonment may not be imposed on women, on
children under the age of 18
at the time of commission of the crime, or on men
aged 65 or older at the time of sentencing.
452. Article 85 of the
Code sets out the forms and procedures of the sentences which may be imposed on
minors. The following forms
of punishment may be ordered: fines, community
service, correctional work and deprivation of liberty for a specified term. A
fine
may be imposed only when the convicted juvenile has independent earnings or
property on which the fine may be levied. A fine may
amount to between 30 and
300 times the minimum wage fixed by law. A fine may amount to between 30 and
300 times the minimum wage
fixed by law. Community service, which may be
ordered for a period of between 40 and 160 hours, consists of work suited to the
juvenile
offender’s capabilities performed in his free time from school or
main occupation. The duration of this kind of sentence may
not exceed two hours
a day for persons aged up to 15 or three hours a day for persons aged 15 to 16.
Correctional work may be imposed
on juvenile offenders for between two months
and one year. In this case the State withholds pay from the offender’s
earnings
in the amount fixed in the court order, within a range of five to 20
per cent. Juvenile offenders may be sentenced to deprivation
of liberty for
terms of not more than 10 years.
453. Juvenile offenders serve such
sentences in the following types of reform institution:
(a) Males
sentenced to deprivation of liberty for the first time and females: in an
ordinary-regime institution;
(b) Males sentenced to deprivation of
liberty on a previous occasion: in a strengthened-regime
institution.
454. Pursuant to article 86 of the Criminal Code, when
sentencing a juvenile the court takes into account his personal and family
circumstances, degree of mental development and other features of his
personality, as well as the influence of other persons on him.
For sentencing
purposes the offender’s youth is taken into account as a mitigating factor
in conjunction with other mitigating
or aggravating
circumstances.
455. Article 113 of the Criminal Code establishes criminal
liability in respect of the infliction of physical pain or mental suffering
on
persons held in custody or subject to some other form of restriction of
liberty.
456. Pursuant to article 15.2.1 of the Code of Criminal
Procedure, use of the following methods during criminal investigations is
prohibited:
(a) Torture;
(b) Physical or psychological violence,
including the administration of drugs;
(c) Starvation or
hypnosis;
(d) Denial of medical treatment;
(e) Other cruel,
inhuman or degrading treatment or punishment.
C. Children in situations of exploitation, including
physical and
psychological recovery and social reintegration
1. Economic exploitation, including child labour (art.
32)
457. The rights of the child in the area of labour and labour
relations are regulated by the Labour Code. The section of the Code
entitled
“Special aspects of the use of the labour of children aged under 18
years” contains provisions on the labour
of young people and their legal
rights and on preferential treatment designed to establish favourable conditions
of work for the
younger generation.
458. Article 42 of the Labour Code
fixes the minimum age for admission to employment at 15 years; this
constitutes an important safeguard
of the health of the younger generation and a
guarantee of their general secondary education. Children aged 14 may also be
employed
during periods of production training or, with their parents’
consent, in light work which does not harm their health. According
to article
46, parental consent is required for the conclusion of labour contracts with
minors aged 15 to 18.
459. Probationary periods may not be set with
regard to persons aged under 18. Such persons may not be dismissed by decision
of an
attestation commission on the ground of insufficient education or
qualifications.
460. Under article 250 of the Code, persons aged under 18
may not be employed to perform heavy work, work in harmful or dangerous
conditions, or work underground.
461. Persons aged under 18 may not be
required to carry or move objects weighing more than the prescribed
limits.
462. Under article 254, workers aged under 18 may not perform
night work or overtime or work on rest days.
463. Under article 252, no
person aged under 18 may be recruited before undergoing a medical examination;
further examinations at
the employer’s expense are then required annually
until the person reaches age 18.
464. Pursuant to article 28 of the
Rights of the Child Act, the State is required to protect children against all
forms of exploitation
and heavy, harmful or dangerous work, using to this end
social, legal, economic, medical and educational means.
465. The
legislation provides for monitoring of the observance of the requirements of the
Labour Code and establishes liability for
its infringement. Under article 310
of the Code, both workers and employers, as well as other natural persons, may
incur material,
disciplinary, administrative or criminal liability in respect of
violation of the rights established in the Code and other laws and
regulations
forming part of the system of labour legislation.
466. Azerbaijan is a
member of the International Labour Organization and has acceded to 53 ILO
conventions, including the Minimum
Age Convention (No. 138) of 1973 and the
Abolition of Forced Labour Convention (No. 105) of 1957.
467. The
provisions of the ILO conventions to which Azerbaijan is a party were taken
fully into consideration during the reform of
the labour
legislation.
468. According to article 1 of the Labour Code, the
international treaties relating to labour and socio-economic matters to which
Azerbaijan is a party are incorporated in the system of labour
legislation.
469. The Government submits regular reports to the
International Labour Organization on the application of the ILO conventions to
which Azerbaijan is a party.
2. Drug abuse (art.
33)
470. Pursuant to article 9 of the Rights of the Child Act and
Cabinet Order No. 49 of 12 December 1998 concerning the implementation
of
article 9 of the Act, the sale of alcohol and tobacco products to children and
the use of child labour in the production and marketing
of such products are
prohibited.
471. Article 250 of the Labour Code prohibits the use of the
labour of persons aged under 18 in work connected with the production,
transport, sale or storage of spirits, drugs and toxic
preparations.
472. Article 236.2.3 of the Criminal Code establishes
criminal liability in respect of the encouragement of minors or two or more
persons to use narcotic drugs or psychotropic substances.
473. Azerbaijan
adopted the Narcotic Drugs, Psychotropic Substances and Precursors (Illicit
Trafficking ) Act on 18 June 1999 and
the Narcotics Drugs (Service and Controls)
Act on 29 June 2001.
474. Pursuant to article 23 of the latter Act,
the directors of education institutions and medical and penal correction
establishments
where preventive measures are applied must not obstruct the
preventive measures carried out by specialists of the State narcotic
drugs/medical agencies, and when necessary they must conduct preventive
examinations or checks of minors, schoolchildren, students
and convicted
criminals.
475. All health workers must endeavour to identify persons
abusing mood-altering substances. In the provision of public health services
designed to prevent drugs-related disorders special attention must be given to
children who abuse mood-altering substances.
476. Under article 6.5 of
the Act, minors suffering from drugs-related disorders must be kept separate
from other patients for the
duration of their treatment.
477. The
following presidential decrees and cabinet decisions have also been adopted in
the fight against drug addiction:
Persons suffering from alcoholism and drug and toxin addiction
1997
|
1998
|
1999
|
2000
|
2001
|
2002
|
|
Drug and toxin addicts (total)
|
1,807
|
1,689
|
1,665
|
1,494
|
1,835
|
1,565
|
Including adolescents (15-17)
|
6
|
3
|
2
|
-
|
5
|
17
|
Alcoholism and alcoholic psychosis (total)
|
924
|
967
|
708
|
603
|
632
|
474
|
Including adolescents (15-17)
|
15
|
2
|
-
|
-
|
-
|
-
|
3. Sexual exploitation and sexual abuse (art. 34)
478. Article 149 of the Criminal Code establishes criminal liability in respect of rape, i.e. sexual relations involving the use or threat of violence against the victim or other persons or taking advantage of the victim’s state of helplessness.
479. Article 150 establishes criminal liability
in respect of sodomy and other acts of a sexual nature involving the use or
threat
of violence against the victim or other persons or taking advantage of
the victim’s state of helplessness.
480. Under article 151, it is a
criminal offence to compel a person to engage in sexual relations, sodomy or
other acts of a sexual
nature by threatening to destroy, damage or remove
property or by taking advantage of the victim’s material or other
dependence.
481. Article 152 establishes criminal liability in respect of
sexual relations or other acts of a sexual nature committed by a person
of the
age of majority with a person known to be aged under 16.
482. Article 153
establishes criminal liability in respect of the commission of acts of
debauchery not involving the use of violence
with a person known by the
perpetrator to be aged under 14.
483. Under article 171, it is also a
criminal offence to involve a minor in prostitution or other immoral
activities.
4. Sale, trafficking and abduction (art.
35)
484. Azerbaijan has acceded to the Optional Protocol to the
Convention on the Rights of the Child on the sale of children, child
prostitution
and child pornography (Act No. 285-IIQ of 2 April 2002), the
Slavery Convention (Act No. 99-IQ of 31 May 1996), the Protocol amending
the
Slavery Convention (Act No. 100-IQ of 31 May 1996), the Supplementary Convention
on the Abolition of Slavery, the Slave Trade,
and Institutions and Practices
Similar to Slavery (Act No. 101-IQ of 31 May 1996), and the Convention for
the Suppression of the
Traffic in Persons and of the Exploitation of the
Prostitution of Others (Act No. 102-IQ of 31 May 1996). The Parliament has
ratified
the Protocol to prevent, suppress and punish trafficking in persons, in
particular women and children, supplementing the United Nations
Convention
against Transnational Organized Crime.
485. Article 173 of the Criminal
Code establishes criminal liability in respect of the buying or selling of
children and other transactions
involving children by way of their transfer or
acquisition, as well as of acts involving the unlawful removal of children
across
the frontiers of Azerbaijan or their unlawful return to Azerbaijani
territory for the purpose of use of their organs or tissues.
486. Article
144.3 also establishes criminal liability in respect of the kidnapping of a
minor.
487. Slavery, i.e. the full or partial exercise over another
person of the powers inherent in the right of ownership is punishable
under
article 106 of the Code by deprivation of liberty for five to 10 years. The
same act committed against a minor or with a
view to the transfer of a person to
a foreign State is punishable by deprivation of liberty for seven to 12
years.
488. The same article establishes criminal liability in respect of
the slave trade, i.e. holding a person with view to turning him
into a slave,
using him as a slave, or his sale, exchange or disposition, and of any act
connected with the slave trade or the transport
of slaves, and in respect of
sexual slavery and infringement of sexual integrity by means of
slavery.
489. Article 244 establishes criminal liability in respect of
the establishment or maintenance of dens of prostitution or the provision
of
residential accommodation for such purposes.
5. Other forms of
exploitation (art. 36)
490. Pursuant to article 28 of the Rights of the Child Act, the State is required to protect children against all forms of exploitation and heavy, harmful or dangerous work and its effects, using legal, social, economic, medical and educational means to this end.
491. Article 98 of
the Labour Code prohibits the employment of persons aged under 18 in night
work.
492. Under article 247, employment contracts concluded with
individuals aged under 18 must include supplementary clauses and undertakings,
which employers must honour, to enable them to increase their work and
vocational experience.
493. Article 250 of the Code prohibits the
employment of persons aged under 18 in jobs involving difficult or dangerous
working conditions,
in underground tunnels or shafts, and in nightclubs, bars
and casinos which may have a detrimental effect on their moral development;
this
includes work associated with the production, transport, sale and storage of
spirits, narcotic drugs and toxic preparations.
494. Article 251 of the
Code prohibits the employment of persons aged under 18 in the lifting and
carrying from one place to another
of objects weighing more than the maximum
specified in the article. It provides that the work or service assignments of
persons
aged between 16 and 18 may not include the manual lifting and
carrying of objects except within the limits specified below:
(a) Males:
manual lifting and carrying from one place to another of objects with a combined
weight of not more than 15 kg, and lifting
of objects with a combined weight of
not more than 10 kg to a height of more than 1.5 m, in addition to the
performance of other
tasks;
(b) Females: manual lifting and carrying
from one place to another of objects with a combined weight of not more than 10
kg, and
lifting of objects with a combined weight of not more than 5 kg to a
height of more than 1.5 m, in addition to the performance of
other
tasks;
(c) Regular manual lifting and carrying of objects with a
combined weight of not more than 10 kg from one place to another throughout
the
working day or shift;
(d) Transporting of objects on laden trolleys or
other mobile devices requiring an applied force of more than 15
kg.
495. Girls under 16 may be assigned to lift and carry objects of a
weight limited to one third of the standards set in article 251,
paragraphs (a),
(b) and (c), of the Labour Code only with their consent. They may not be
assigned to the regular lifting and carrying
of objects throughout the working
day. The list of jobs involving dangerous or difficult working conditions,
occupations or positions
and of the underground work in which the use of persons
aged under 18 is prohibited is approved by the competent executive organ.
496. Under article 254, persons aged under 18 may not perform night work
or overtime or work on rest days, public holidays or other
days not regarded as
working days, and may not be required to travel for work purposes. Work in the
period from 8 p.m. to 7 a.m.
is regarded as night work for persons aged
under 18.
D. Children belonging to a minorities or indigenous
peoples (art. 30)
497. Azerbaijan is a multi-ethnic country. The Government takes the
necessary action to create the conditions to guarantee the equality
of all
citizens. Individuals belonging to ethnic minorities participate actively in
all spheres of national life.
498. In Azerbaijan, various ethnic
minorities have lived peacefully and harmoniously alongside Azerbaijanis for
centuries. The ethnic
diversity of Azerbaijan has been preserved to this day.
At no stage in its history has Azerbaijan recorded any cases of intolerance
or
discrimination on the grounds of membership of an ethnic group, or of religion,
language or culture.
499. Article 25 of the Constitution embodies the
right to equality. Part III of this article reads: “The State guarantees
the equality of rights and freedoms of all citizens, irrespective of race,
ethnic
affiliation, religion, language, sex, origin, property status,
occupation, beliefs or membership of political parties, trade unions
or other
voluntary organizations. Human and civil rights and freedoms may not be
restricted on the grounds of race, ethnic affiliation,
religion, language, sex,
origin, beliefs or political or social affiliation”.
500. Article
109 of the Criminal Code establishes criminal liability in respect of the
persecution of any group or organization on
political, national, racial, ethnic,
cultural or religious grounds, on the ground of sex or on other grounds
prohibited by rules
of international law, i.e. gross violations of human rights
on the ground of membership of such groups or organizations when such
violations
are linked to other crimes against the security of mankind.
501. Article
154 establishes criminal liability in respect of violations of the equality of
rights of citizens, irrespective of race,
ethnic affiliation, attitude to
religion, language, sex, origin, property or occupational status, beliefs or
membership of political
parties, trade unions or other voluntary organizations,
which have damaged the rights and legitimate interests of citizens.
502. One important aspect of the State’s policy with regard to
ethnic groups is its support for the languages and culture of
all the ethnic
minorities living in Azerbaijan.
503. On 16 September 1992 the President
of the Republic signed the Decree “On protection of the rights and
freedoms and State
support for the languages and culture of national minorities,
numerically small peoples and ethnic groups living in the Republic
of
Azerbaijan”.
504. Cultural centres, charitable societies and other
voluntary organizations of all the national minorities operate in
Azerbaijan.
505. All the current laws and regulations on education,
science, culture, language, health, political parties, voluntary associations,
labour, etc., foster the exercise of human rights without any discrimination
whatsoever.
506. In addition to the competent State executive and
administrative agencies responsible for ensuring the exercise of human rights
and fundamental freedoms in general, the State infrastructure also includes the
Office of the State Counsellor on questions of nationalities
policy and the
State Committee on work with religious organizations established under a
presidential decree dated 21 June 2001.
507. Pursuant to article 14 of
the Rights of the Child Act, every child has the right to freedom of conscience,
thought and speech.
Parents and other persons and the agencies of the State
must treat this right of the child with respect. The involvement of children
in
the performance of religious rites which may have a harmful effect on their
health is prohibited.
508. Pursuant to article 6, part 2, of the
Education Act, in accordance with the needs of society and at the wish of
citizens and founders of education institutions, certain education institutions
may, in keeping with State standards, also provide instruction in the languages
of national minorities and in other foreign languages
together with compulsory
instruction in Azeri and in the history, literature and geography of
Azerbaijan.
-----------
[1] CRC/C/11/Add.8.
[2] CRC/C/15/Add.77.
[3] HRI/CORE/1/Add.117.
[4] There are currently some 20 such groups located throughout the country, including in rural areas.
[5] CAT/C/37/Add.3.
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