AZERBAIJAN: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available separately.

Scroll to:

• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee against Torture
• Subcommittee on Prevention of Torture
• UN Committee on the Elimination of Discrimination against Women
  - follow-up
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on the Protection of All Migrant Workers and Members of their Families
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

CCPR/C/AZE/CO/4

Report issued: 16 November 2016

Early marriages: The Committee welcomes the following measures taken by the State party: The raising, in 2011, of the minimum age of marriage for girls from 17 to 18 years (para 3).

Rights of persons with disabilities: The Committee, while acknowledging the measures taken to advance the rights of persons with disabilities, is concerned about: the widespread societal perception that children with disabilities are ill and need to be segregated from other children (para 10).

The Committee is concerned about reports of involuntary confinement in psychiatric institutions of adults and children with intellectual and/or psychosocial disabilities and of the forced institutionalization of persons with a variety of disabilities, including children, without clear procedures for challenging such confinement and institutionalization and without proper judicial review. This, in practice, renders the prospect of release illusory. The Committee is further concerned about negligence and poor living conditions in such institutions and the lack of a regular assessment of those conditions (para 12).

The State party should step up its efforts towards the deinstitutionalization of persons with disabilities by making available adequate community-based or alternative social care services for persons with psychosocial disabilities. It should ensure that psychiatric confinement is applied only as a measure of last resort and for the shortest appropriate period of time and that the confinement is strictly necessary and proportionate for the purpose of protecting the individuals in question from serious harm or from preventing injury to others. The State party should ensure that procedures for involuntary hospitalization and forced institutionalization respect the views of the individual and that any representative genuinely represents and defends the wishes and interests of the individual concerned. It should also ensure that such confinement is supported by adequate procedural and substantive safeguards established by law, including effective initial and periodic judicial review of the lawfulness of such deprivation of liberty and regular independent oversight of living conditions in such institutions. The Committee brings the State party’s attention to its general comment No. 35 (2014) on liberty and security of person (para 13).

Gender equality: The Committee remains concerned about: patriarchal attitudes and deep-rooted stereotypes regarding the roles, responsibilities and identities of women and men in society and about the severe restrictions imposed on women and girls with a view to preserving the so-called “family honour”; cases of early marriage, especially in rural and mountainous regions, unregistered religious marriage (kabin) and temporary marriage (sighe) despite the legal prohibition of such practices (para 14).

The State party should step up its measures aimed at ensuring gender equality, including by: Combating sex-selective abortions, including by monitoring the scale of the phenomenon, addressing its root causes and long-term implications for society and carrying out awareness-raising activities on the detrimental impact of sex selection and on the equal value of girls and boys (para 15).

 

CCPR/C/AZE/CO/3
Concluding Observations issued: 13 August 2009

• Domestic violence: The Committee is concerned that, despite the effort undertaken, both in terms of legislative measures and measures taken in practice, violence against women still continues, in particular domestic violence. The Committee further notes with concern that only a very limited number of complaints of rape are registered by the authorities. It is also concerned at the absence of a sufficient number of safe shelters for victims of domestic violence (art. 3, 6, 7 and 26).

  The State party should intensify its efforts towards the elimination of violence against women, inter alia, through effective implementation of the action plan on family and women's issues 2009-2012. The State party should undertake focused information campaigns aiming at raising the awareness of women regarding their rights. It should also continue providing specific training in this regard to law enforcement authorities, as well as to medical and social workers. The State party should also consider strengthening its legislation and its application to deal effectively with domestic violence. Finally, it should increase the number of shelters equipped to receive women and children victims of domestic violence. (Paragraph 5)

  
   
• Early marriage: The Committee notes with concern that a large number of under age marriages which cannot be registered occur each year in the State party, in particular for girls belonging to the families of internally displaced persons. It is also concerned at the fact that the legal age for marriage of girls is 17, whereas for boys it is 18 (art. 2, 3, 17, 23, 24, 26).

  The State party should take urgent measures to eradicate the practice of unregistered marriages and to take measures, including awareness-raising campaigns, to ensure that marriages do not take place before the legal age. It is also invited to align the legal age of marriage of girls to that of boys. (Paragraph 7)

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UN Committee on Economic, Social and Cultural Rights

E/C.12/AZE/CO/3
Last reported: 3 May 2013
Concluding Observations issued: 17 May 2013

Issues raised:

Children with disabilities: The Committee remains concerned about the right to education for children with disabilities, in particular the lack of services to facilitate the inclusion into schools, lack of trained teachers, physical barriers and obstacles resulting in high dropout rates of children with disabilities. (art. 2 and 13) (Para 17).

The Committee recommends that the State party ensure the full enjoyment of the right to education to children with disabilities and to ensure that all measures are taken in this regard. The Committee requests that the State party include in its next periodic report statistics on the number of schools that enrolled students with disabilities disaggregated by academic year, sex and disability by urban and rural regions.

Domestic violence: While recognizing the Law on Domestic Violence of 2010, the Committee remains concerned about the persistence of domestic violence and expresses its concerns about   inadequate  application of the law,  including the failure of law enforcement officials to intervene in violence against refugee women and girls. (art. 2 and 10). Para 18.

The Committee recommends that the State party carry out focused awareness-raising campaigns to sensitize the population on the severe effects of domestic violence, and ensure the systematic training of local authorities, law enforcement and police officials, social workers and medical personnel on how to detect and adequately advise women victims of domestic violence, including refugee women and girls.  

The Committee requests that the State party provide further information on the sanctions and punishment imposed on the perpetrators in its next report.

Early marriage: While the Committee welcomes the efforts of the State party to raise the legal age for marriage to 18 years for girls and boys and the strong sanctions on violations of this legal prohibition of underage marriage, it is concerned at the possible continued practice of early marriages, especially among IDPs and in rural areas. Para 19.

The committee recommends that the State party monitor the implementation of the revised family code and provide in its next periodic report information on the prevalence of underage marriage in the country, disaggregated by different ethnic and religious groups, IDPs and by urban and rural areas.

Education: The Committee notes with concern that article 5 of the new Education Law and article 42 of the Constitution states the right to education of every citizen of the State Party, which might result on exclusion of non-citizens. The Committee also remains concerned about the lack of efforts to increase the net enrolment ratio in primary education, the number of out-of-school children and the drop-out rates. (art. 13). Para 23.

The Committee recommends that the State party  ensure that all children of school age have the right to education, including non-citizen children.. . The Committee recommends that the State party make efforts to improve the net enrolment ratio in primary education, and to reduce the number of out-of-school children and the drop-out rates. The Committee in this regard draws the State party’s attention to its general comment No. 13 (1999) on the right to education.

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(E/C.12/1/Add.104 )

Last reported: 16 & 17 November 2004
Concluding Observations issued: 16 November 2004

Concerns raised:

• Organ trafficking: The Committee is seriously concerned about the reports of children who are illegally adopted from orphanages for the purpose of trafficking in organs. (Paragraph 25)

  The Committee urges the State party to continue to ensure that perpetrators of illegaladoptions are duly prosecuted. (Paragraph 51)

  
   
• Health-care: While welcoming the extensive efforts made by the State party in the area of health, including measures to address the significant regional and urban disparities in health-care provision, the Committee remains concerned that the annual per capita spending on public health has been on the decline in recent years despite the rise in GDP. The Committee is concerned about the high incidence of malnutrition, infant mortality, iron deficiency disorders and malaria, especially among refugees and internally displaced persons. The Committee regrets that reliable statistical data in the field of health were not provided by the State party. (Paragraph 29)
   
• Sexual and reproductive health/ infant mortality: The Committee remains concerned about the low level of awareness of the general public in Azerbaijan of sexual and reproductive health issues, in particular with regard to the availability and use of contraceptives. The Committee is particularly concerned that a high proportion of women resort to abortion as the principal method of birth control, and about the high infant and maternal mortality rates. The Committee also regrets that no comprehensive sexual and reproductive health programme exists in the State party. The Committee is particularly concerned that the incidence of sexually transmitted diseases and HIV/AIDS is on the increase. (Paragraph 30)

  The Committee recommends that the State party conduct a study on the incidence of sexually transmitted diseases and HIV/AIDS in Azerbaijan and develop a comprehensive sexual and reproductive health programme, including a public awareness-raising campaign about safe contraceptive methods. The Committee also urges the State party to take measures to reduce the maternal and infant mortality rates and to ensure that abortions are carried out under adequate medical and sanitary conditions. In accordance with its General Comment No. 14 (2000) on the right to the highest attainable standards of health, the Committee also recommends that the State party take urgent measures to combat the spread of HIV/AIDS. (Paragraph 56)

  
   
• Education and statelessness: The Committee is concerned that pursuant to article 19 of the Legal Status of Aliens and Stateless Persons Act, the State party does not provide free compulsory education to non-Azerbaijani children. The Committee also expresses concern that the education standards in the State party have experienced a fall over the last decade owing to a number of factors, including lack of State investment in education. (Paragraph 33)

  The Committee calls upon the State party to take effective measures to ensure that all children under its jurisdiction have access to free compulsory education as a right, as stipulated in the Covenant, and to significantly increase the public expenditure on education. In this regard the Committee further encourages the State party to consider amending the Legal Status of Aliens and Stateless Persons Act. The Committee would appreciate receiving further information in the State party's third periodic report. (Paragraph 59)

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UN Committee against Torture

CAT/C/AZE/4

Last reported: 11 and 12 November 2015
Concluding Observations issued: 26 November 2015

Issues raised:              

Minors: While taking note of the State party’s efforts to reform the juvenile justice system, the Committee is concerned about the reported cases of ill-treatment and torture used to obtain incriminating confessions and testimonies from minors and that no effective investigations have been conducted in respect of such allegations. The Committee is further concerned that a law on juvenile justice is yet to be adopted (arts. 2, 11 and 16). (para 20)

The State party should systematically ensure that minors have a lawyer and/or a trusted adult present at every phase of a proceeding, including during questioning by a police officer, whether or not the minor has been deprived of liberty. The State party should halt all practices involving abuse of minors in places of detention and punish perpetrators. The State party should enact juvenile justice legislation including age-appropriate safeguards against torture for minors. (para 21)

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(CAT/C/AZE/CO/3)

Last reported: 9 & 10 November 2009
Concluding Observations issued: 18 November 2009

Concerns raised:

• Domestic violence: The Committee notes with satisfaction the awareness-raising campaigns on domestic violence and the adoption of a declaration on combating violence against women, including domestic violence. However, it remains concerned that there continue to be allegations of widespread domestic violence not only against women, but also against children, and that the adoption of the draft law on domestic violence has been delayed. It is also concerned at the lack of safe shelters for victims of domestic violence. The Committee also regrets the lack of statistical information on the overall complaints of domestic violence reported and the number of investigations, convictions and punishments meted out (arts. 2 and 16).

  The State party should ensure protection of women and children by speedily enacting the draft law on domestic violence and taking measures to prevent in practice such violence. The State party should provide for the protection of victims, access to medical, social and legal services, temporary accommodation, and compensation and rehabilitation. Perpetrators should also be punished in accordance with the gravity of their crimes.

  The State party should compile information on the number of cases of domestic violence that have been reported, the number of such complaints that have been promptly, impartially and independently investigated, the number of investigations that led to trials and the outcomes of the trials, including the punishment meted out and the compensation provided to victims. (Paragraph 19)

  
   
• Trafficking: While noting with satisfaction the adoption of legislative and policy measures taken regarding trafficking in human beings, the Committee remains concerned at the prevalence of the phenomenon in Azerbaijan (arts. 2, 10, 12 and 16).

  The State party should ensure that legislation on trafficking is fully enforced and should continue its efforts to investigate, prosecute, convict and punish persons found responsible, including Government officials complicit in trafficking. (Paragraph 20)

  
   
• Ill-treatment and torture: The Committee is concerned about the reported cases of ill-treatment and torture used to obtain incriminating confessions and testimonies from minors and that no effective investigation has been conducted in respect of such allegations (arts. 2, 11 and 16).

  The State party should ensure that minors have a lawyer and a trusted adult present at every phase of a proceeding, including during questioning by a police officer, whether or not the minor has been deprived of liberty. The State party should halt all practices involving abuse of minors in places of detention, punish perpetrators and ban the holding of under-age detainees with adult detainees. (Paragraph 25)

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Subcommittee on Prevention of Torture

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/AZE/CO/5

Adopted by the Committee: 18 February 2015

Published by the Committee: 6 March 2015

Issues raised:

Legislative reforms and national policies:

The Committee welcomes the Law on Amendments to the Family Code, setting the minimum age of marriage at 18 for both women and men, in 2011; Amendments to the Criminal Code criminalizing trafficking, including a provision on forced and child marriages (art.176-1), in 2011 (para.4).

The Committee also welcomes the State programme on social rehabilitation and reintegration of children victims of human trafficking, in 2014 (para.5).

Internally displaced women and girls:

The Committee remains concerned, however, about their living conditions and high unemployment rate, as well as their lack of income generating opportunities. It is concerned that internally displaced women and girls face a high risk of domestic violence, early and forced marriages, labour exploitation and trafficking, poverty, as well as discrimination in access to education, health care, and participation in political and public life. The Committee is further concerned at the limited involvement and consultation of internally displaced women in the planning and implementation of policies and programmes aimed at addressing their needs (para.12).

Sexual exploitation:

The Committee remains concerned that the State party remains a country of origin, transit and destination of trafficking in women and girls for purposes of sexual exploitation and forced labour; The implementation of the policy framework on national referral mechanism to combat human trafficking continues to be weak; The Criminal Code lacks specific provisions that prohibit pornography involving children, including girls, and that legal entities cannot be held criminally liable for such offences under national law; State recovery and reintegration measures are limited to victims of trafficking and do not adequately take into account the needs of women and girls exploited in pornography and girls victims of sale and prostitution; There are no official statistics on street children, particularly girls, who are highly vulnerable to human trafficking; and no research is available on the root causes of prostitution in the country (para.24).

Education:

The Committee is concerned about the low secondary school attendance rate among girls in rural areas and in refugee/IDPs settlements, as well as the actual drop-out rate of girls at the secondary level of education, owing in part to child marriage (para.28).

Health:

The Committee is concerned about infant mortality, particularly the difference between indicators of under-five child mortality for boys and girls revealed in the Azerbaijan Demographic and Health Survey 2011 (para.32).

Rural children:

The Committee is also concerned about the lack of childcare facilities in rural areas, and of shelters and other services provided to victims of domestic violence (para.36).

Harmful practices:

The Committee welcomes the equalization of the minimum legal marriage age for both women and men at 18 years. However, the Committee remains concerned at the rising level of child marriages, the lack of their reflection in official statistics and the lack of investigation and prosecution of such cases. The Committee is further concerned at the persistence of unregistered religious marriages ("Kabin") which leave women and children with no legal protection. It is also concerned at the current marital property regime, which does not include intangible property such as pension rights within the marital property to be equally distributed upon divorce (para.38).

 

(CEDAW/C/AZE/CO/4 )

Last reported: 24 July 2009
Concluding Observations published: 7 August 2009

Concerns raised:

• Discriminatory laws: The Committee notes with appreciation the information provided by the head of the delegation that the Parliament will consider an amendment to the Family Code at its session in the third quarter of 2009 in order to equalise the minimum legal age for marriage to 18 for both women and men. It remains concerned, however, about the different minimum age of marriage for women and men, which is set at 17 years for women. (Paragraph 15)

  The Committee urges the State party to speedily enact the amendment to the Family Code in order to equalise the minimum age of marriage for women and men to 18, in accordance with article 16 of the Convention and the Committee's general recommendation No. 21. (Paragraph 16)

  
   
• Stereotypes, cultural practices: The Committee reiterates its concern about the deep-rooted patriarchal attitudes subordinating women and the strong stereotypes regarding their roles and responsibilities in the family and society, which constitute a significant impediment to the implementation of the Convention and are a root cause of women's disadvantaged position in political life, the labour market, education and other areas. (Paragraph 19)

  The Committee calls upon the State party to intensify its efforts, in particular in rural areas, to bring about change in the widely accepted attitudes leading to the subordination of women and the stereotypical roles applied to both sexes. Such measures should include awareness-raising and educational campaigns targeting, inter alia, community leaders, parents, teachers, officials and young girls and boys, in accordance with the obligations under articles 2 (f) and 5 (a) of the Convention. The Committee also recommends that the State party continue to encourage the mass media to promote changes in attitude with regard to the roles and responsibilities of women and men, including by promoting non-stereotypical and positive images of women and the value of gender equality for society as a whole. (Paragraph 20)

  
   
• Violence against women: The Committee commends the various measures undertaken by the State party to raise awareness about and to combat and eliminate violence against women, and takes note of the information provided by the head of the delegation that the draft law on domestic violence will be considered by the Parliament at its session in the third quarter of 2009. The Committee remains concerned about the lengthy process for the adoption of this law and about the prevalence of violence perpetrated against women and girls in Azerbaijan, including domestic violence and other forms of sexual abuse. The Committee is concerned that such violence appears to be at times socially legitimised by a culture of silence and impunity and is socially accepted. It is also concerned about the lack of sufficient shelters and a comprehensive network of referral and rehabilitation centres for victims of violence. It remains concerned that the definition of rape in the Criminal Code is based on the use of force, rather than on lack of consent. The Committee regrets the lack of information regarding convictions and penalties in cases involving violence against women and the lack of statistics provided on the incidence of various forms of violence against women. (Paragraph 21)
   
• Domestic violence: The Committee urges the State party to accelerate the adoption of the draft law on domestic violence and to ensure that it contains provisions pertaining to sexual violence within the family. The Committee requests the State party to continue its efforts to combat violence against women and girls, in particular domestic violence. It recommends that the State party pursue its public awareness campaigns to combat all forms of violence against women through the media and education programmes. It calls upon the State party to ensure that women and girls who are victims of violence have access to immediate means of redress and protection, including protection orders and the availability of a sufficient number of adequate shelters in all regions. The Committee recommends that legal aid continue to be made available to all victims of violence, including through the establishment of legal aid clinics, especially in rural areas. It also requests the implementation of training for the judiciary and public officials, in particular law enforcement personnel, health-service providers and community development officers, in order to ensure that they are sensitised to all forms of violence against women and girls and can provide adequate gender-sensitive support to victims. The Committee calls on the State party to amend its Criminal Code. It reiterates its previous recommendation that the State party should conduct research on the prevalence, causes and consequences of all forms of violence against women, including domestic violence, to serve as the basis for comprehensive and targeted intervention. (Paragraph 22)
   
• Trafficking: While welcoming the broad range of measures introduced by the State party to combat human trafficking, including the 2008 order requiring all law enforcement personnel to refer trafficking cases to the anti-trafficking unit, the Committee is concerned about the growth of this phenomenon and the fact that there are insufficient measures to address the main causes of trafficking, especially in the context of the conflict with the neighbouring country. Furthermore, the Committee remains concerned about the lack of shelters for the victims, as well as the stigma these women often face, which may hamper their reintegration into society. (Paragraph 23)

  The Committee calls upon the State party to continue its efforts to ensure that legislation on trafficking is fully enforced and that the action plan and other measures to combat human trafficking are fully implemented and that their impact is regularly monitored and evaluated. The Committee urges the State party to systematically investigate, prosecute and punish traffickers.

  Furthermore, it recommends that the State party continue its efforts to ensure the rehabilitation and social integration of victims of trafficking, including through the establishment of additional shelters. In line with its previous recommendation, the Committee calls upon the State party to address the root causes of trafficking, thereby eliminating the vulnerability to exploitation by traffickers. (Paragraph 24)

  
   
• Exploitation of prostitution: The Committee regrets the limited data on the scope of exploitation of prostitution of women, including with regard to efforts addressing the social and economic factors leading to prostitution and the measures to support women who wish to leave prostitution. (Paragraph 25)

  The Committee urges the State party to conduct research on the exploitation of prostitution of women to serve as the basis for comprehensive and targeted intervention. It requests the State party to strengthen measures aimed at addressing the factors driving women and girls into prostitution, to put services in place for the rehabilitation and reintegration into society of women and girls involved in prostitution and to support women who wish to leave prostitution. (paragraph 26)

  
   
• Education: While noting the significant improvement in womens' and girls' access to education, the Committee regrets the lack of correlation between women's education levels and their economic opportunities. The Committee notes with concern that women continue to be concentrated in traditional female education subjects and that they are underrepresented at the decision-making levels in the area of education and in academia as professors, senior lecturers and researchers. (Paragraph 29)

  The Committee recommends that the State party's education policy include measures to encourage girls and women to seek education and training in non-traditional fields, which may give them access to employment in flourishing areas of the economy. The Committee recommends that the State party consider the adoption of temporary special measures, in accordance with article 4, paragraph 1, of the Convention, to accelerate women's representation in decision-making positions at all levels of education and to increase the number of women undertaking doctoral studies and holding positions in the highest levels of academia, as research specialists, including in non-traditional fields. (paragraph 30)

  
   
• Vulnerable groups of women: While welcoming all the measures undertaken by the State party to improve the situation of vulnerable groups of women, the Committee remains concerned about the situation of girls and women in rural areas in terms of their adequate access to justice, health care, education, credit facilities and community services. (Paragraph 35)

  The Committee recommends that the State party continue to pursue its efforts in promoting gender equality through its national development plans and policies. It also recommends that the State party modify existing gender-role stereotypes through awareness-raising campaigns targeted at community and religious leaders, teachers, parents, girls and boys. The State party is encouraged to enhance the participation of rural women in decision-making at the local, regional and national levels through training. The Committee requests the State party to include in its next report sex-disaggregated data and information on the de facto situation of rural women of all ages in the areas of land ownership, income-generating activities, health and education, and the concrete measures taken by the State party in that respect, including results achieved. (Paragraph 36)

  The Committee welcomes the State programme on the improvement of living conditions and on increasing the employment of refugees and internally displaced persons, as well as the fact that the 2007 programme on combating domestic violence includes a broad range of measures targeting refugees and internally displaced persons. The Committee further welcomes the information provided by the State party concerning the decrease of the poverty rate among internally displaced persons, the improvement in their living conditions and the reduction in their unemployment rate, with refugees and internally displaced women provided with jobs and resettled in fully equipped new settlements. The Committee remains concerned that refugee and internally displaced women and girls remain in a vulnerable and marginalised situation, especially in rural areas, with regard to access to education, employment, health, including psychosocial support, and housing. It is further concerned at the limited involvement and consultation of internally displaced women in the planning and implementation of the policies and programmes addressing their needs. (Paragraph 37)

  The Committee reiterates its previous recommendation that the State party continue the implementation of targeted measures for refugee women and girls and internally displaced women and girls, with specific timetables, in order to improve access to education, employment, health and housing and to monitor their implementation. It recommends that the State party fully implement the recommendations made by the Representative of the Secretary-General on the human rights of internally displaced persons requesting the State party to ensure the timely consultation of internally displaced persons during the next phase of rehabilitation of urban collective centres, paying particular attention to the full participation of women as a means of empowerment. The Committee requests the State party to report on the results achieved in improving the situation of these groups of women and girls in its next periodic report. (Paragraph 38)

  
   
• Family relations: The Committee is concerned at the persistence of early and unregistered religious marriages in the State party and at the lack of statistical data in this area. (Paragraph 39)

  The Committee urges the State party to continue to implement awareness-raising campaigns and work with religious authorities in order to prevent early marriages and to ensure that all marriages are properly registered. The Committee reiterates its previous recommendation that the State party include in its next report information on marriages in Azerbaijan of girls under age 18 and on religious or traditional marriages, including their prevalence and trends over time, and their legal status. (Paragraph 40)

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UN Committee on the Elimination of Discrimination against Women: Follow-up

Response by Azerbaijan to the recommendations contained in the concluding observations of the Committee following the examination of the fourth periodic report of Azerbaijan on 24 July 2009

Follow-up report of the State Committee for Family, Women and Children's Affairs on the implementation of recommendations contained in paragraphs 16 and 22 of the concluding observations of the Committee on the Elimination of Discrimination against Women

Recommendation in paragraph 16 pertaining to discriminatory laws

The Committee urges the State party to speedily enact the amendment to the Family Code in order to equalize the minimum age of marriage for women and men to 18, in accordance with article 16 of the Convention and the Committee's general recommendation No. 21.

Information on its implementation

1. During the constructive dialogue, the head of delegation informed the Committee that Parliament would consider an amendment to the Family Code at its session in the third quarter of 2009 in order to discuss the equalisation of the minimum legal age of marriage for women and men to 18. Currently, under the Family Code of Azerbaijan, the minimum legal age of marriage for women is 17.

2. The State Committee for Family, Women and Children's Affairs wishes to reiterate the political will of the Government of the Republic of Azerbaijan to remove all discriminatory laws in its legislation in order to be in full conformity with all the provisions of the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child.

3. The State Committee for Family, Women and Children's Affairs confirms that discussions on the amendment to the Family Code with a view to equalising the minimum legal age of marriage to 18 for both men and women have started in Parliament and that consultations with the relevant Committees, with the participation of experts, are ongoing.

4. The question of the adoption of the amendments to the Family Code in that regard has been added to the agenda of the fall session of the Parliament of the Republic of Azerbaijan ("Milli Majlis").

Recommendations in paragraph 22 with regard to violence against women

The Committee urges the State party to accelerate the adoption of the draft law on domestic violence and to ensure that it contains provisions pertaining to sexual violence within the family. The Committee requests the State party to continue its efforts to combat violence against women and girls, in particular domestic violence. It recommends that the State party pursue its public awareness campaigns to combat all forms of violence against women through the media and education programmes. It calls upon the State party to ensure that women and girls who are victims of violence have access to immediate means of redress and protection, including protection orders and the availability of a sufficient number of adequate shelters in all regions. The Committee recommends that legal aid continue to be made available to all victims of violence, including through the establishment of legal aid clinics, especially in rural areas. It also requests the implementation of training for the judiciary and public officials, in particular law enforcement personnel, health-service providers and community development officers, in order to ensure that they are sensitised to all forms of violence against women and girls and can provide adequate gender-sensitive support to victims. The Committee calls on the State party to amend its Criminal Code. It reiterates its previous recommendation that the State party should conduct research on the prevalence, causes and consequences of all forms of violence against women, including domestic violence, to serve as the basis for comprehensive and targeted intervention.

Capacity building and training on domestic violence

Close relationships have been built between public institutions, non-governmental organisations and mass media that work to eliminate discrimination and violence against women and girls. (Paragraph 14)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/AZE/CO/7-9

Concluding observations published: 13 May 2016

Identity paper and statelessness: As the lack of identity paper limits access to services, rights and entitlements and renders vulnerable to statelessness, the Committee is concerned at the requirement in the State party for parents to present residence registration papers before the issuance of a birth certificate for their child. The Committee is also concerned at the absence of procedures for statelessness determination and for the issuance of identity papers to stateless persons (para 31).

The Committee recommends that the State party make the necessary legislative and regulatory amendments to ensure that all children born in the State party are issued a birth certificate, irrespective of the legal status of parents or ability to present residence registration papers. Moreover, it recommends that the State party intensify efforts to identify stateless persons and adopt a legislative framework providing procedures for the registration, documentation and access to citizenship for stateless persons (para 32).

Migrant workers: While noting the legal safeguards in place such as the prohibition of the confiscation of passports by employers, the Committee is concerned that migrant workers are vulnerable to abuse and exploitation as work permits tie them to their employers. The Committee is also concerned at legal provisions which permit the expulsion out of the State party, along with their families, of children enrolled in school (para 33).

The Committee recommends that the State party replace the work permit which ties a migrant worker to an employer with a residency permit or other systems that reduce migrant workers’ vulnerability to exploitation and abuse by their employers. It also recommends that the State party ensure that families with children enrolled in schools are not subject to expulsion during the school year (para 34).

CERD/C/AZE/CO/6 

Last reported: 11 & 12 August 2009
Concluding Observations issued: 26 August 2009

Concerns raised:

• General comments: While noting that significant progress has been made by the State party in protecting the economic, social and cultural rights of persons affected by internal displacement, as well as asylum-seekers and refugees, the Committee is still concerned that asylum-seekers, refugees and internally displaced persons continue to experience discrimination in the areas of employment, education, housing and health. The Committee notes with concern that internally displaced women and children remain in a particularly vulnerable and marginalised situation. The Committee further observes that, while the State party generally endeavours to comply with the standards of the Convention relating to the status of refugees, some asylum-seekers, including Russian citizens from Chechnya, are allegedly excluded from the refugee determination procedure of the State party.

  The Committee calls upon the State party to ensure the non-discriminatory implementation of each of the rights and freedoms referred to in article 5 of the Convention for all groups of the population. The Committee requests the State party to include, in its next periodic report, information on measures taken in this regard, and draws the attention of the State party to its general recommendation No. 30 (2004) on discrimination against non-citizens. Furthermore, the Committee requests the State party:

  (a) To ensure equal opportunities for displaced persons, and to allow for their enhanced participation in the formulation of State policies and programmes concerning their interests, in particular with regard to the planning of new settlements, improved access to employment, housing, health care and quality education, and measures to encourage mixed schooling with local children. In this respect, it recommends the State party pay special attention to the situation of women and children;

  (b) To ensure that all refugees and asylum-seekers receive equal treatment and to remedy the difficulties encountered by some asylum-seekers, including Russian citizens from Chechnya, in accessing refugee status determination procedures and residence registration (propiska) in order to access employment, health, and other social and economic rights. The Committee also recommends that the State party consider granting a temporary form of protection for persons who are requesting refugee status under the 1951 Convention Relating to the Status of Refugees, but who nonetheless are in need of international protection during consideration of their request. The Committee also recommends that the State party provide training to public officials and law enforcement officers with the aim of avoiding any tendency towards discriminatory conduct. (Paragraph 5)

  
   
• Trafficking: While acknowledging the efforts of the State party to combat human trafficking, including foreign victims, especially through adoption of the National Plan of Action on Combating Trafficking in Human Beings (2009-2013) and the creation of a relief fund for victims of human trafficking, the Committee is concerned that human trafficking remains a serious problem (art. 5).

  The Committee requests that the State party effectively implement the National Plan of Action to Combat Trafficking in Persons and ensure that the Law on Combating Trafficking in Persons is fully enforced and that perpetrators are effectively prosecuted and punished. It recommends that the State party address the root causes of trafficking by increasing its efforts to improve the economic situation of typical victim groups, in particular of women, thereby eliminating their vulnerability to exploitation and traffickers. The Committee also recommends that the State party take measures for the rehabilitation and social integration of victims of exploitation and trafficking.

  While welcoming the extensive information provided by the State party on measures to ensure the teaching of and in minority languages, the Committee is concerned that in spite of approximately 30,000 ethnic Armenians living on the territory of Azerbaijan, no information was provided by the State party as to whether education and instruction are provided in the Armenian language in schools (art. 5 e)).

  The Committee recommends that the State party continue its efforts for the preservation and development of minority languages and encourages it to establish a public school network offering teaching of and in such languages, including the Armenian language. The State party is requested to provide information on this subject in its next report. (Paragraph 17)

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UN Committee on Migrant Workers

CMW/C/AZE/CO/2

Last reported: 11 and 12 September 2012                                                        Concluding Observations issued: 27 May 2013

Issues raised and recommendations given:

Training on and dissemination of the Convention: The Committee notes that the State Migration Service operates in three languages (Azeri, Russian and English) and that the State party has undertaken various initiatives with regard to training for public officials on migration and human trafficking, including on the application of the provisions of the Convention. However, the Committee reiterates its concern about the lack of measures to disseminate information on the content of the Convention and to establish regular training on the Convention for relevant public officials, civil society organizations and potential migrant workers. The Committee recommends that the State party: (a) Take the necessary measures to ensure access by migrant workers and members of their families to information about their rights under the Convention; (b) Develop and implement systematic and regular training on the content and application of the Convention for public officials dealing with migrant workers, and promote and disseminate the Convention among all relevant stakeholders. (Paras. 16-17)

Corruption: The Committee is concerned about information received that migrant workers and members of their families allegedly often become victims of corruption and that certain officials are reportedly involved in extorting money for some services that are normally free of charge. The Committee recommends that the State party take immediate measures to address any instances of corruption and inquire into allegations of corruption by some officials who are allegedly involved in extorting money or receiving bribes. The Committee also recommends that the State party conduct information campaigns with a view to encouraging migrant workers and members of their families who claim to be victims of corruption to report the corruption, and raise awareness among migrant workers and their families as to which services are free of charge. (Paras. 18-19)

Discrimination: The Committee is concerned that despite various legislative and other measures taken by the State party to improve the situation, migrant workers and members of their families in the State party continue to suffer from various forms of discrimination and from stigmatization in the media and in society at large. The Committee reiterates its previous recommendation (CMW/C/AZE/CO/1, para. 25), encouraging the State party to: (a) Intensify its efforts to ensure that all migrant workers and members of their families within its territory or subject to its jurisdiction effectively enjoy the rights provided for in the Convention without any discrimination, in conformity with article 7; (b) Intensify its efforts by promoting information campaigns for public officials working in the area of migration – especially at the local level – and the general public on the elimination of discrimination against migrants. (Paras. 20-21)

Birth registration: The Committee is concerned that children of migrant workers, including children of migrant workers in an irregular situation, are often not registered at birth and issued personal identity documents, which impedes their access to health care, social benefits and education. The Committee recommends that the State party: (a) Intensify its efforts to ensure that all children of migrant workers are registered at birth and issued personal identity documents; (b) Provide training to the relevant law enforcement officers on the systematic birth registration of all children of migrant workers; (c) Raise awareness on the importance of birth registration among migrant workers and members of their families, especially those in an irregular situation. (Paras. 30-31)

Education: The Committee is concerned about the lack of information on access to education for children of migrant workers, in particular children of migrant workers in an irregular situation in the State party. The Committee recommends that the State party: (a) Ensure that all children of migrant workers have access to primary and secondary education on the basis of equality of treatment with nationals of the State party; (b) Take measures to eliminate discrimination against children of migrant workers in the educational system; (c) Include in its next periodic report information on the measures taken in that regard and on the enrolment rates of children of migrant workers, including those in an irregular situation. (Paras. 32-33)

Family reunification: The Committee is concerned at the absence of provisions in Law N41-IQ (1996) on the Legal status of aliens and stateless persons on family reunification, in particular, provisions concerning family members eligible for family reunification, clear procedures, timeframes and competent authorities for family reunification applications, as well as grounds for the refusal of a family reunification application. The Committee recommends that the State party establish clear provisions on family reunification in its legislation, in order to ensure protection of the unity of migrant workers’ families, in conformity with article 44 of the Convention. (Paras. 38-39)

Trafficking: While acknowledging the State party’s efforts to combat trafficking in persons and sexual and commercial exploitation of migrant workers, and welcoming the adoption of the National Action Plan for 2009–2013 to prevent trafficking in persons, the Committee is concerned that there is only one shelter for victims of trafficking in the State party. The Committee is also concerned at the lack of data on the rates of prosecution and convictions at State level, as well as on the number of victims assisted. The Committee recommends that the State party: (a) Increase its efforts to enforce anti-trafficking legislation and the National Action Plan and to train police officers, judges, prosecutors and social service providers on the existing legal framework; (b) Allocate adequate resources to implementing strategies to combat trafficking; (c) Develop effective mechanisms to identify victims of trafficking, especially migrant women and children; (d) Provide adequate assistance, protection and rehabilitation to all victims of trafficking in human beings, including migrant workers, by providing them with shelters and funding NGOs assisting those victims; and ensure that victims of trafficking are informed of their rights under the Convention. (Paras. 44-45)

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CMW/C/AZE/CO/1

Last reported: 21 & 22 April 2009
Concluding Observations issued: 28 April 2009

Concerns raised:

• Health care: While taking note of the information provided by the delegation in this regard, in particular the creation of the "Electronic Health Card" at the Information Centre of the Ministry of Health, the Committee remains concerned at reports received that migrant workers and members of their families in an undocumented or irregular situation, do not enjoy in practice their right to medical care, including emergency medical care and that children of migrant workers in an undocumented or irregular situation have difficult access to education.

  The Committee recommends that the State party take the necessary measures, including legislative amendments, to ensure that the provision of basic services, such as education and urgent medical care, do not depend on the provision of a residence and/or work permit by the migrant worker and to guarantee the rights of migrant workers and their families, including those in an undocumented or irregular situation, under articles 28 and 30 of the Convention. (Paragraph 1)

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/AZE/CO/1

Last reported: 1-2 April 2014

Concluding observations adopted: 12 May 2014

 

Issues raised and recommendations made:

 

Women with disabilities: The Committee notes that the State party has adopted a Law on Gender Equality N-150-IIIQ of 2006 and another on the Prevention of Domestic Violence in 2010. However, the Committee is concerned that these pieces of legislation do not specifically address women and girls with disabilities. (paragraph 16)

 

The Committee encourages the State party to adopt a twin track approach to mainstream a disability perspective into its gender legislation and policy, including with respect to addressing violence against women and ensuring effective access to information and services on sexual and reproductive health; and to facilitate advocacy by and on behalf of women and girls with disabilities. In this regard, the Committee encourages the State party to ensure that the National Activity Plan on the “Enhancement of the Efficiency of Human Rights and Freedoms” addresses the rights of women and girls with disabilities. (paragraph 17)

 

Children with disabilities: In its 2012 concluding observations on Azerbaijan, the Committee on the Rights of the Child expressed concern that the State party’s definition of a live birth is not consistent with the internationally recognized World Health Organization definition. The Committee reiterates the concerns by the CRC and further expresses concern at the lack of data on the number of children born with disabilities who are affected by the State party’s high rate of infant mortality, particularly how this state of affairs are affecting the birth registration of boys and girls with disabilities. (paragraph 18)

 

The Committee recommends that the State party compile data indicating the number of children born with disabilities who are affected by the high infant mortality rate in the State party. The Committee urges the State party to, therefore, conduct a study on the mortality of boys and girls with disabilities and to expeditiously step up its efforts to reduce infant mortality, in accordance with the implementation of the definition of a born alive of the World Health Organization. (paragraph 19)

 

Involuntary hospitalisation and institutionalisation: The Committee is concerned that the law permits the deprivation of liberty based on disability and provides for involuntary hospitalisation and forced institutionalisation of children and adults with intellectual and/or psychosocial disabilities. The Committee is particularly concerned at reports of poor health care in such places. (paragraph 28)

 

The Committee urges the State party to repeal laws and prohibit disability based detention of children and adults with disabilities including involuntary hospitalisation and forced institutionalisation and ensure that all relevant legislation and policies in this area are in line with the Convention. It should also develop support services in the community and accelerate deinstitutionalisation strategies based on the human rights model of disability in consultation with DPOs (Disabled People’s Organisations). (paragraph 29)   

 

Living independently: The Committee is concerned that the level of institutionalisation remains high particularly among children. The Committee is particularly concerned at the lack of information on the promotion of independent living for persons with intellectual disabilities instead of their institutionalisation in psychiatric institutions. (paragraph 32)

 

The Committee recommends that the State party intensify the implementation of its de-institutionalization programme strategies with a view to promoting community based services and support independent living. The Committee further recommends that the State party ensure that social assistance programmes provide sufficient financial assistance to facilitate independent living in the community. (paragraph 33)

 

Adoption: The Committee is concerned about the existing laws that prevent persons with specific forms of disability to adopt children and have a family. (paragraph 36)

 

The Committee urges the State party to repeal all existing legislation that prevents persons with disabilities from adopting children and provide a new legislative framework that includes support for parenting. (paragraph 37)

 

Best interests of the child:  The Committee also expresses its concern about the legislation in force in the State party which allows parents of a newborn boy or girl to place them under the custody of the State solely on the basis of their disability, without taking into account the best interests of the child. The Committee is further concerned that legislation in the State only allows for the adoption of children who are under five years old, which limits their rights under article 23 of the Convention. (paragraph 38)

 

The Committee recommends that the State party prohibit the placement of newborn boys and girls with disabilities under the custody of the State by their fathers and mothers solely based on their disability. It further recommends that such a prohibition should be complemented with the strengthening of support measures so that mothers and fathers can take care of their children with disabilities, and that in those cases in which the possibility of placement is considered as a measure of protection, the best interests of the child should be duly respected. Furthermore, the Committee urges the State party to widen the age limit for adoption purposes. (paragraph 39)

 

Education: The Committee is concerned that children with disabilities continue to be placed in special boarding and other specialised schools. (paragraph 40)  

 

The Committee recommends that the State party:

(a) Step up efforts to provide inclusive education and reasonable accommodation in schools and other institutions of learning by providing, among other things, assistive technology and support in classrooms, accessible and adapted educational materials and curricula as well as accessible school environments;

(b) Allocate sufficient financial and human resources to implement the State Programme on Inclusive Education;

(c) Step up efforts to provide quality training for teachers including teachers with disabilities in the use of braille and sign language with a view of enhancing the education of all categories of children with disabilities, including deaf and hard of hearing girls and boys; and ensure that inclusive education is an integral part of core teacher training in universities;

(d) Conduct research into the effectiveness of the current inclusive education programme and the extent to which accessibility standards are being complied with in the State party; and

(e) Include in its next periodic report data on the number of inclusive schools that enrolled students with disabilities disaggregated by academic year, sex and disability as well as region. (paragraph 41)

UN Committee on Enforced Disappearance