Human rights
Rights of children
Nowadays the government of Azerbaijan is ready to accept all desirable instruments for cooperation that can help to future development of society and protect freedom of individual and human rights. In this regard Azerbaijan traditionally attaches great importance to the protection of the rights of children, who are the future of society.
The Republic of Azerbaijan ratified Convention on Child rights with the Law ¹236 on July 21, 1992. The President of the Republic of Azerbaijan signed two Optional Protocols of the Convention - "Involvement of children in armed conflicts" and "Sale of children, child prostitution and child pornography" of Convention on "Child rights" at the UN Millennium Summit held on September 6-8, 2000.
In 1993 the Republic of Azerbaijan signed Universal Declaration on "Survival, protection and development of children" that was adopted at the high level meeting which was held for children's interests on September 30, 1990. Azerbaijan presented its first periodic report on the Convention Child Rights at 15th session of UN Child Rights Committee in July, 1997. The Republic of Azerbaijan took an active part in Special session (New York, May 2002) which was dedicated to the discussions about the implementation of the decisions of world meeting of UN General Assembly that was held for children's interests.
In 2004 Milli Mejlis of the Republic of Azerbaijan ratified the Convention ¹182 on "Elimination of the worst forms of child labour" and Recommendation ¹190 of the International Labour Organization and the Hague Convention on International adoption of children.
In our Republic the issues concerning social and legal protection of children are regulated by a number of laws, such as Constitution of Azerbaijan Republic, Law on citizenship, Law on the legal status of foreign citizens, Law on state youth policy, Labour Code, Civil Code, Marriage Code and Family Code.
Labour Code covers such issues as employment of the children, duration of their working day, protection of interests of youth in employment and labour activity and etc.
The Civil Code of the Republic of Azerbaijan covers such issues as protection of children's interests, definition of exact maturity age, responsibility of teenagers for property and material damage and etc.
The legislative acts on Child Rights which were adopted by Azerbaijan Republic are the following: Law on Child Rights, dated 19.05.1998, Law on Social protection of children deprived of parental care, or those who lost their parents dated 22.06.1999, Law on Confirmation of Statute of commissions on child issues and protection, dated 31.05.2002, Law on Nutrition of infants and young children, dated 17.06.2003, Decree of President on Supplementary measures for assistance to the families with four or more children, dated 10.01.1992, Order of President on Increasing of amount of payment for those who are on partly-paid maternity leave, dated 18.01.2001, Order of President on Peace culture in the Republic of Azerbaijan and holding of an international decade (2001-2010) against torture in respect of children, dated 04.07.2001, decree of Government on Measures of improvement of social protection of children deprived of parental care or those who lost their parents, dated 07.11.2001, decree of government on Plan of measures in connection with solving problems of abandoned and street children, dated 14.04.2003.
The Republic of Azerbaijan adopted the law on "Child Rights" On May 19, 1998. The law on "Child Rights" was prepared in accordance with international documents such as Universal Declaration on "Human Rights"(1989), Declaration on Child Rights, UN Convention on Child Rights (1989), Universal Declaration on "Survival, protection and development of children"(1990). The law is directed to the political, social, economical and cultural protection of motherhood, fatherhood, family, childhood and gene pool of nation. One of its parts called "Child and family" enshrines right of child to live in family, rights and liabilities of parents, right of place of residence and inheritance right.
The part that is called "A Child and Society" determinates attitude to the protection of children from detrimental effects, children's exploitation, child labour and organization of rest.
The part about "Protection of children in unfavourable terms" defines the following issues: orphaned children, children deprived of parental care, adoption of children, norms related to families who adopt the children and public institutions that bring the children up, the children with physical or mental disabilities and rights of those who care about them, protection of children during the period of military operations and rights of refugee and IDP children.
According to article 28 of the law, the government protects the children from all kinds of exploitation, as well as effects of dangerous, unhealthy and hard work using social, legal, economical, medical and educational methods.
One of the issues that the government emphasizes is the education and upbringing of children deprived from parental care. The Cabinet of Ministers of the Republic of Azerbaijan, Ministry of Health, Ministry of Social Protection and Labour, Ministry of Education, Ministry of Youth, Sports and Tourism prepare and realize the programs of social protection of children deprived from the parental care. The Cabinet of Ministers issued orders on "Assistance to orphaned children, children deprived from parental care, and the children who are not under the care of government" and on "Undelayable measures on improvement of living conditions and material provisions of children from boarding school type educational institutions"
The law of the Republic of Azerbaijan on "Social protection of orphan children and children deprived from parental care" defines the measures of protection of children of this category during their secondary and higher education. Among these measures there are: receiving scholarships (more than two times), full payment of salaries during the practical work, payment for buying manuals and training materials for those who study in institutions of higher education and free of charge medical services.
In the ninetieth there was a distribution of translated in Azeri, Plan of measures on the implementation of Universal Declaration on survival, protection and development of children, as well as an international legal document - "Pekin Rules" on execution of justice in respect of teenagers.
In our Republic there was conducted a campaign for propaganda and distribution of 10 main principles of UN General Assembly's resolution "The World fit for Children". During this campaign there were carried out arrangements with an active participation of children (express inquiries). In one of the first events, there were participated the President of the Republic of Azerbaijan Ilham Aliyev and sportsmen, the representatives of National Olympic Committee.
According to Law on Education that was adopted in 1992, the right to get an education can be applied to all children and youth, irrespective of their race, nationality, religion or property status. The law of the Republic of Azerbaijan on "People with health problems" dated 05.06.2001 also regulates and provides special education for teenagers.
In the field of child rights protection, one of the most important issues for the Republic of Azerbaijan is the protection of child rights during military conflicts. Today, 20% of territories of the Republic of Azerbaijan were occupied by Armenia and more than 1 million people became refugees and IDP. There was grown up a whole generation of children in tent camps and compact settlements who are not familiar with their native home living and who are deprived of all conditions necessary for the implementation of all legislative acts concerning child rights.
In the occupied territories of our Republic were destroyed 616 schools where more than 100 thousand children were getting education. In general 242 infant schools, 4 technical schools, 11 vocational schools and 1 institution of higher education, which were covering more than 12000 children, stopped their work. In this connection Azerbaijan signed a number of international documents on protection of child rights during armed conflict. The delegations of our Republic regularly participate in different international forums that are conducted in this field.
In orders of the Cabinet of Ministers of the Republic of Azerbaijan (¹128 dated 01.01.93, ¹328 dated 25.06.93, ¹403 21.07.93) it is implied a number of measures on comprehensive improvement of status of those, who left their homes because of military conflict - refugee, and internally displaced children: opening of temporary schools and infant schools, forcedly payment of pensions and compensations, at the same time rendering financial aid.
Also, instructions on "Measures of strengthening public relief to families with many children" with some amendments and supplements are in force. (¹209 21.04.81 dated).
In order to associate work of different governmental and non-governmental organizations, for the sake of children's interests, was established a Coordination Council on Child issues in the Ministry of Youth, Sports and Tourism. This Council have regularly been reviewed urgent questions and given advices in connection with the protection of children for three years. Among the most noteworthy issues there can be shown a status of street children, issues of child rest and health. On the last meeting with the participation of representatives of the Poverty Reduction Strategy Paper (PRSP), Save the Children and EC Food Security Program, the Council discussed a number of measures on preventing the use of child labour and research of their status, and advised their implementation.
The implementation of Convention on "Child Rights" implements by means of cooperation with the Office of Representative of UN Children's Fund in Azerbaijan and other international organizations. In 1996 was allocated international assistance at the rate of 8 million dollars to refugees and families in need, and at the rate of 553789 dollars to child needs by UNICEF.
Recently, there was also achieved a progress in the area of protection of children with specific needs. Along with the formation of legal basis in our Republic there were taken specific steps concerning children deprived from parental care, disabled children and those who live and work in the streets. In respect of children who need a specific care, following the cooperation with UNICEF 16 experts passed training on working with "street children". In order to carry out rehabilitation work directly at the street conditions with their participation were devised methods and forms in summer of 2003. At the present time the children are being enlisted in trainings of sports sections and art studios. In summer of this year, it's planned to carry out a great research in respect of children who live in boarding schools, "street children" and those who live in families with crisis situations.
It's being observed an activation of organizations, which work in the framework of disabled children and their families' interests. About 10 multi-field centers render rehabilitation services to children of this category. Among them we can distinguish puppet show of dauns and autisms.
The State program on "Solving economic and social problems of talented children and youth, and development of their talent" confirmed on August 4, 2000 by the Cabinet of Ministers of the Republic of Azerbaijan has a significant effect on development of creative potential of children and youth, and indirectly helps to solve employment and recruitment problems.
The Ministry of Youth, Sports and Tourism realized the youth participation in "New generation with new technologies in a new millennium" program in resource center with the purpose of arranging conditions to obtain actual, supplement and professional knowledge, since 2001. During the realization of this program, more than 3000 pupils, students and youth got computer skills and learned foreign languages. In order to stimulate interest in science, the Ministry has held competitions on scientific and technical creativity among students since 2001. During 3 years, more than 7000 children have participated in these competitions.
With support of the UNICEF the process of return of children to families from boarding schools, has begun. Until today only one boarding school joined this project, but final results do stimulate other institutions. In April 2004 the government of our country with the UNICEF and EC Food Security Program in connection with this problem had held a conference in Baku and there were discussed primary results of pilot project, international experience and current situation.
In countries with the economies in transition, were extremely reduced rest and proper leisure opportunities of children, because of unavoidable poverty, economic and social inequality, and profit inequality. Now, it is being made an effort to produce a mechanism that's providing summer holiday for children. In last three years the Ministry of Youth, Sports and Tourism provided leisure of more than 2000 children who need specific care (refugees, orphans, orphans from the social direction, disabled).
There should especially be noted an increasing of social activity of more than 20 initiative groups that combines a few thousands of children. These groups that are supported by relevant governmental and non-governmental organizations are more active in teaching child rights.
The social and living conditions of children who had broken the law and were sited in jails had importantly changed. There is functioning a public council of tutors. With the support of this council, there were conducted competitions and tournaments between children from jails and children from ormal educational institutions. Those children who are in jails are directly getting inserted into pardon decree of President. The governmental educational institutions and NGOs are holding enlightenment in order to clarify rights of children, reduce probability of maltreatment and humiliation. In this connection, scientific research center on youth problems of the Ministry of Youth, Sports and Tourism in connection with this problem holds relevant research works. It's also organized a training course (two year) on children/youth problems. In addition, this year the Ministry is planning to hold a number of arrangements in connection with the discussion and analysis of issue on violence against children. With the purpose of forming the public opinion the NGO that is called "Development Center" prepared a particular performance under the name of "A Life Free of Violence". This performance with the support of UNICEF is being demonstrated in districts of Azerbaijan and fills the first place in forming of public opinion.
According to the articles 18, 36 and 57of the law of Azerbaijan Republic on "Health Protection of Population" dated 26.06.97, the children have the following rights:
- Free of charge regular medical check-up and as regulated by relevant body of executive power a right of children and youth of being treated in state hospitals.
- Right of education and labour in hygienic and sanitary conditions.
- Right of free of charge medical consulting while verification of correspondence to specialty.
- Discounted nutrition and receiving of medical-social aid and social assistance at the expense of budget as regulated by relevant body of executive power.
