AZERBAIJAN: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Domestic violence and violence against women and girls

UN Committee on the Rights of the Child (Concluding Observations, February 2012)

The Committee notes as positive the recently enacted legislation on Domestic Violence, N 1058-IIIQ of June 2010. However, it remains concerned that with regards to child abuse, the legislation:

(a) Does not adequately address the socio-cultural root causes of domestic violence and violence against children, including in alternative care and the raising of awareness on prevention among the general public;

(b) Lacks measures for knowledge and capacity building on dealing with child abuse for professionals working with and/or for children;

(c) Does not provide for the creation and operation of information systems required for effective referral and monitoring mechanisms.

The Committee urges the State party to take all necessary legal and practical measures to strengthen and expand its protection of children from violence by:

(a) Undertaking public campaigns, including via the press, media and internet, to raise awareness on domestic violence and violence against children in alternative care and the corresponding channels for reporting such abuse as well as promote socio-cultural attitudes for its prevention;

(b) Provide mandatory training on dealing with child abuse for all professionals working with or for children; and

(c) Establish monitoring and referral mechanisms for child abuse, including by creating and operating information systems required for such mechanisms; With reference to the United Nations Secretary-General's Study on violence against children (A/61/299) and the Committee's general comment no. 13 (2011) on the right of the child to freedom from all forms of violence the Committee further encourages the State party to:

(d) Prioritize elimination of all forms of violence against children, including by ensuring implementation of the recommendations of the United Nations Study on violence against children, paying particular attention to gender;

(e) Provide information concerning the implementation by the State party of the recommendations of the Study in the next periodic report, particularly those highlighted by the Special Representative of the Secretary General on Violence against children, namely:

(i) The development in each State of a national comprehensive strategy to prevent and address all forms of violence against children;

(ii) The introduction of an explicit national legal ban on all forms of violence against children in all settings; and

(iii) The consolidation of a national system of data collection, analysis and dissemination, and a research agenda on violence against children. (Paragraphs 47 and 48)

UN Human Rights Committee
Last reported: 20 and 21 July 2009
Concluding Observations adopted: 13 August 2009

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)

UN Committee against Torture
Last reported: 9 and 10 November 2009
Concluding Observations adopted: 18 November 2009

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)

UN Committee on the Elimination of Discrimination against Women
Last reported: 24 July 2009
Concluding Observations adopted: 7 August 2009

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)

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)

  • Follow-up: 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)

Universal Periodic Review (February 2009)

9. Continue and intensify its efforts on behalf of children and women generally, to ensure their safety in the domestic environment and to remove any obstacles to their education, development and access to equal opportunities (Indonesia); further developing measures against domestic violence against women (Lithuania), Victims of domestic violence should have possibility to use appropriate means of redress and access to shelters (Lithuania); take concrete steps and ensure that all necessary resources are provided to government agencies in order to increase the efficiency of a child protection system (Austria); continue efforts in the direction of the positive improvements in women and children's rights, especially measures taken to combat domestic violence (Afghanistan); (accepted)

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Early marriage

UN Committee on the Rights of the Child (Concluding Observations, February 2012)

The Committee welcomes as positive the adoption of the following legislative measures:

(a) The amendment of the Family Code in 2011 to raise the age of marriage to 18 years (Paragraph 4)

UN Human Rights Committee
Last reported: 20 and 21 July 2009
Concluding Observations adopted: 13 August 2009

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)

UN Committee on the Elimination of Discrimination against Women
Last reported: 24 July 2009
Concluding Observations adopted: 7 August 2009

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)

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)

Follow up: 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.

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Trafficking

UN Committee on the Rights of the Child (Concluding Observations, February 2012)

The Committee also recommends that the State party ensure, through adequate legal provisions and regulations, that all children who are victims and/or witnesses of crimes, e.g. children victims of abuse, domestic violence, sexual and economic exploitation, abduction, and trafficking and witnesses of such crimes, are provided with the protection required by the Convention and that the State party take fully into account the United Nations Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20). (Paragraph 75)

UN Committee on Economic, Social and Cultural Rights
Last reported: 16 and 17 November 2004
Concluding Observations adopted: 16 November 2004

While welcoming the adoption in May 2004 of the National Plan to fight trafficking in human beings and the establishment of the Department to Fight Trafficking in Human Beings under the Ministry of the Interior, the Committee remains concerned that trafficking in persons persists in Azerbaijan and notes that the State party is a country of origin and destination as well as a transit point for trafficking in persons. The Committee is also concerned at the lack of reliable information, including statistics, on the extent of the problem. In this connection, the Committee notes with regret that there is no legislation in the State party that specifically criminalises trafficking in persons. (Paragraph 24)

The Committee urges the State party to adopt legislation specifically criminalising the trafficking of human beings and allocate sufficient resources for the effective implementation of the National Plan to Fight Trafficking in Human Beings, and to ensure that necessary protection and assistance are provided to victims of trafficking. (Paragraph 50)

UN Committee against Torture
Last reported: 9 and 10 November 2009
Concluding Observations adopted: 18 November 2009

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)

UN Committee on the Elimination of Discrimination against Women
Last reported: 24 July 2009
Concluding Observations adopted: 7 August 2009

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)

UN Committee on Racial Discrimination
Last reported: 11 and 12 August 2009
Concluding Observations adopted: 26 August 2009

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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Ill-treatment of children in the juvenile justice system

UN Committee against Torture
Last reported: 9 and 10 November 2009
Concluding Observations adopted: 18 November 2009

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)

Universal Periodic Review (February 2009)

11. Fully implement the recommendations of the United Nations study on violence against children (Slovenia); take the necessary measures so that persons below 18, being under arrest, would not be subject to corporal punishment or other forms of ill-treatment (Hungary); (accepted)

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Use of and conditions in juvenile detention (including detention of children with adults)

UN Committee on the Rights of the Child (Concluding Observations, February 2012)

While noting that the State party has undertaken the provision of some training programmes on juvenile justice for law enforcement professionals and begun attempting to enact legislation on juvenile justice, the Committee remains deeply concerned at the lack of significant improvement regarding the State party's juvenile justice system, despite its recommendations in 1997 (CRC/C/15/Add.77 para. 28, 49) and 2006 (CRC/C/AZE/CO/2 para. 67). It remains particularly concerned that:

(d) Persons below 18 are often held in pretrial detention for long periods and are not always detained separately from adults, particularly with regard to female detainees;

(e) Alternatives to the deprivation of liberty are not sufficiently considered and applied, and persons below 18 can be sentenced to detention for a period of up to 10 years;

(f) The conditions of detention are often poor and inadequate, and overcrowding is frequently a serious problem; (Paragraph 73)

The Committee reiterates its previous recommendations and urges the State party to bring the system of juvenile justice fully in line with the Convention ... In this regard, the Committee recommends that the State party:

(c) Take all necessary measures to ensure that persons below 18 are only deprived of liberty as a last resort and for the shortest appropriate period of time, in particular by developing and implementing alternatives to custodial sentences, including the establishment of diversion centres and/or legal clinics for children in conflict with the law;

(d) Ensure that all persons below 18, particularly females, in custody are separated from adults as required under article 72.1 of the Penal Enforcement Code;

(e) Take urgent steps to substantially improve the conditions of detention of persons below 18, and bring them into full conformity with international standards;

(f) Provide that persons below 18 deprived of liberty are given a comprehensive programme of educational activities (including physical education);

(g) Train professionals in the area of recovery and social reintegration of children and establish special units within the police for the handling of cases of all persons below 18 in conflict with the law; (Paragraph 74)

Universal Periodic Review (February 2009)

20. Increase the efforts to ensure that detention conditions fully meets international human rights
standards (Sweden); Improve the living standards and conditions in prisons (Poland); Take all the
necessary measures to shorten the pre-trial detention of all persons arrested on criminal charges, in particular that of minors, and create separate detention facilities for the latter as well as to urgently improve prison conditions (Germany); Address persisting problems, such as overcrowding and insufficient health care and to establish and independent mechanisms to overview conditions in
detention facilities, with particular focus on conditions of children and their protection against violence and abuse (Czech Republic); (pending)

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Inadequate access to health-care (particularly for internally displaced persons)

UN Committee on the Rights of the Child (Concluding Observations, February 2012)

The Committee notes as positive the State party's efforts to combat corruption, including its adoption of a law to combat corruption in 2004 and the establishment of a national strategy for it. However, the Committee remains gravely concerned at the severity and pervasiveness of corruption among, inter alia, municipal authorities, as well as health care and education professionals in the State party which constitute a serious obstacle to effective use of the State party's resources and the implementation of the Convention. Furthermore, the Committee is concerned that current sanctions against perpetrators of corruption are not commensurate with the seriousness of the offences. (Paragraph 19)

The Committee urges the State party to expeditiously further strengthen its mechanisms to transparently monitor corruption at all levels and sectors, and improve the awareness of and accessibility to safe channels for reporting it. In doing so, the Committee recommends that in the context of corruption concerning birth registration, health care and education, the State party consider measures for having information on its anti-corruption hotline clearly visible at places where persons may seek such services. The Committee also recommends that the State party consider further strengthening its enforcement laws and mechanisms with a view to ensuring the prompt punishment of perpetrators of corruption with commensurate sanctions. (Paragraph 20)

The Committee is deeply concerned at the high rate of infant mortality in the State party, which is the fifth highest in Europe. Furthermore, the Committee is concerned that the definition of a live birth by the State party is not consistent with the internationally recognised World Health Organisation definition of live births.

The Committee urges the State party to expeditiously strengthen its efforts to reduce infant mortality. In doing so, the State party is urged adopt a definition of live birth which corresponds with the World Health Organisation (WHO) definition. (Paragraphs 34 and 35)

The Committee is gravely concerned at the high child mortality rate, particularly among children in rural areas and economically marginalised situations in the State party. The Committee notes with concern that pervasive corruption among health-care professionals, with the widespread expectation of so-called informal payments, is obstructing access to healthcare. Furthermore, the Committee is concerned that notwithstanding the economic progress in the State party, the provision of primary health care remains inadequate.

The Committee urges the State party to allocate all necessary human, technical and financial resources to expeditiously improve the availability and quality of primary health care. In doing so, the State party is further urged to ensure that such health care services are equitably accessible, particularly to children living in rural areas and socio-economically challenged situations. The Committee also recommends that the State party undertake a comprehensive study on the specific causes of child mortality, taking its findings into consideration when implementing measures to reduce and prevent such mortality. (Paragraphs 57 and 58)

The Committee notes with appreciation the significant measures undertaken by the State party to improve the situation of internally displaced persons in its territory. However, the Committee is deeply concerned about the situation of asylum-seeking children. In this context, the Committee is concerned that:

(c) The State party does not assume responsibility for legal protection and welfare of asylum-seekers in its territory as envisaged in the 1999 Law on the Status of Refugees. Specifically, asylum-seekers and their children in its territory do not have adequate and reliable access to public health, education, social services and an adequate standard of living due to existing legislative gaps and delays in implementation; (Paragraph 65)

The Committee urges the State party to take urgent and necessary measures to adequately address the situation of asylum-seeking children and in doing so take every necessary measure to:

(c) Fully implement the 1999 Refugee Law and other related legislation and ensure adequate and sufficient access to food, shelter, health care and education for children in an asylum-seeking situation (Paragraph 66)

The Committee is further concerned at the heightened risk of such children being subject to abuse and exploitation and the inadequacy of social services for the protection and social reintegration of children in street situations, including to obtain clothing, accommodation, health care and education.

(c) Provide children in street situations with necessary protection, adequate health-care services, education and other social services; (Paragraphs 69 and 70)

UN Committee on Economic, Social and Cultural Rights
Last reported: 16 and 17 November 2004
Concluding Observations adopted: 16 November 2004

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)

UN Committee on Migrant Workers
Last reported: 21 and 22 April 2009
Concluding Observations adopted: 28 April 2009

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)

UN Special Representative of the Secretary-General on internally displaced persons
Walter Kälin
Country visit: 2 to 6 April 2007
Report published: 15 April 2008

While public medical care in Azerbaijan was generally seen to be in need of improvement, some vulnerable groups among internally displaced persons are particularly affected. First of all, people living in substandard accommodation in rural areas are obviously at a higher risk of catching diseases owing to the lack of sanitary facilities and sewage systems and exposure to the elements. The extremely overcrowded living conditions of internally displaced persons in urban areas have also reportedly led to tensions and negative effects on the psychosocial development of children. According to the Government's plans, all recently constructed settlements were to be provided with well-equipped hospitals; however, the Government admitted that shortages of medical supplies, as reported by international observers, might persist in remote villages. (Paragraph 44)

In its 2005 report to the Committee for the Elimination of Discrimination against Women, the Government of Azerbaijan pointed out that mortality was generally highest among women of low levels of social development, and especially among refugees and displaced persons. During his mission, the Representative was informed that maternal and child mortality differed from one settlement to another and was perhaps not particularly high among the displaced. He noted that reliable figures on this important issue were not available and a survey would be needed. (Paragraph 45)

UN Special Representative of the Secretary-General on internally displaced persons
Francis M. Deng
Country visit: 21 May to 1 June 1998
Report published: 25 January 1999

Internally displaced persons in Azerbaijan typically have suffered a deterioration in their health since their displacement. A nationwide health and nutrition survey undertaken in 1996 noted elevated rates of chronic malnutrition among children and the elderly, and high levels of anaemia and iodine deficiency.... Scabies, especially among children, and other skin infections, respiratory illnesses, malaria, diarrhoea and vitamin A deficiency are also prevalent health problems, especially in the camps. (Paragraph 76)

Special efforts to address the psychological and all other needs of displaced children are required, as Guiding Principle 4 provides. Important efforts to address the psycho-social needs of internally displaced children in Azerbaijan have been made by a number of international agencies, as well as local NGOs. One notable example is the UNICEF programme by which some 300 internally displaced persons have been trained as social workers to provide early childhood education and psycho-social rehabilitation activities to some 4,000 displaced children. The involvement of WFP means that the social workers participating in this programme receive not only training and meaningful employment but also food assistance for their work, while the children are provided with biscuits as part of the programme. (Paragraph 78)

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Inadequate adolescent health-care and education

UN Committee on the Rights of the Child (Concluding Observations, February 2012)

While noting that the overall number of human immunodeficiency virus (HIV) infections in the State party is relatively low, the Committee is concerned at the increasing rates of infection, particularly among children in street situations. Furthermore, while welcoming the State party's Committee for Family, Women and Children's Affairs undertaking awareness-raising campaigns on suicide, its risk factors and prevention of it, the Committee notes with concern that the rates of adolescent suicide in the State party continue to increase. Additionally, while noting the efforts of the State party's Ministry of Internal Affairs to conduct inspections against the illicit sale of alcohol and tobacco to children, the Committee is concerned that there continues to be an increase in alcohol and tobacco consumption amongst children.

The Committee recommends that the State party, taking into account the Committee's general comment No. 4 (2003) on adolescent health:

(a) Intensify efforts to provide adolescent sex and reproductive health education, particularly with regards to HIV, as well as improve the accessibility of contraception;

(b) Take more effective measures to address the continued high rate of suicide amongst adolescents, including the allocation of adequate human, technical and financial resources to conduct in-depth research on the root causes, support the development of youth and gender-sensitive and confidential counselling, provide care and rehabilitation facilities;

(c) Collect comprehensive information on the consumption of alcohol and tobacco amongst children on a systematic basis, and undertake necessary measures for the effective enforcement of the prohibition of the sale of such products to children; the Committee also recommends that the State party consider prohibiting the promotion of alcohol and tobacco products in media and/or information commonly accessed by children. (Paragraphs 61 and 62)

UN Committee on Economic, Social and Cultural Rights
Last reported: 16 and 17 November 2004
Concluding Observations adopted: 16 November 2004

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)

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Inadequate access to education (particularly for internally displaced persons, women and girls)

UN Committee on the Rights of the Child (Concluding Observations, February 2012)

While appreciating the measures undertaken by the State party to make pre-school education mandatory from the age of five years, the Committee is concerned at:

(a) The inadequacy of financial resources allocated to education, particularly with regard to early childhood care and pre-school education, which constitute a low percentage of the State party's funding for education and which result in a large proportion of children below the age of five years not receiving early childhood care and/or pre-school education;

(b) The inadequacy of teacher training and the negative impact on the quality of education in the State party's schools;

(c) The salary levels for teachers in the State party being markedly low in relation to its available resources, hindering the best qualified candidates from considering becoming teachers and obstructing the eradication of corruption among teachers;

(d) The relatively high number of children, estimated to be about 8 to 10 per cent, who do not attend schools.

The Committee recommends that the State party:

(a) Increase its human, technical and financial resources allocated to providing early childhood care and pre-school education with a view to improving its coverage and quality thus effectively implementing the State party's policy on universal pre-school education;

(b) Revise and strengthen the teacher training and qualification process, including by considering seeking assistance from UNESCO, UNICEF and international experts;

(c) Consider increasing the salaries of teachers with a view to, inter alia, improve the quality of education, attract the best qualified persons to the profession and contribute to the eradication of corruption among teachers; and, establish a reporting and sanctions mechanism that is readily and safely accessible to all child students to address cases of corruption in the education system;

(d) Examine and address the root causes leading to children not attending school and ensure that all children complete basic education. (Paragraphs 63 and 64)

The Committee notes with appreciation the significant measures undertaken by the State party to improve the situation of internally displaced persons in its territory. However, the Committee is deeply concerned about the situation of asylum-seeking children. In this context, the Committee is concerned that:

(c) The State party does not assume responsibility for legal protection and welfare of asylum-seekers in its territory as envisaged in the 1999 Law on the Status of Refugees. Specifically, asylum-seekers and their children in its territory do not have adequate and reliable access to public health, education, social services and an adequate standard of living due to existing legislative gaps and delays in implementation;

The Committee urges the State party to take urgent and necessary measures to adequately address the situation of asylum-seeking children and in doing so take every necessary measure to:

(c) Fully implement the 1999 Refugee Law and other related legislation and ensure adequate and sufficient access to food, shelter, health care and education for children in an asylum-seeking situation; (Paragraphs 65 and 66)

The Committee is further concerned at ... the inadequacy of social services for the protection and social reintegration of children in street situations, including to obtain clothing, accommodation, health care and education.

(c) Provide children in street situations with necessary protection, adequate health-care services, education and other social services; (Paragraphs 69 and 70)

UN Committee on Economic, Social and Cultural Rights
Last reported: 16 and 17 November 2004
Concluding Observations adopted: 16 November 2004

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)

UN Committee on the Elimination of Discrimination against Women
Last reported: 24 July 2009
Concluding Observations adopted: 7 August 2009

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)

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)

Universal Periodic Review

9. Continue and intensify its efforts on behalf of children and women generally, to ensure their safety in the domestic environment and to remove any obstacles to their education, development and access to equal opportunities (Indonesia); further developing measures against domestic violence against women (Lithuania), Victims of domestic violence should have possibility to use appropriate means of redress and access to shelters (Lithuania); take concrete steps and ensure that all necessary resources are provided to government agencies in order to increase the efficiency of a child protection system (Austria); continue efforts in the direction of the positive improvements in women and children's rights, especially measures taken to combat domestic violence (Afghanistan); (accepted)

UN Special Representative of the Secretary-General on internally displaced persons
Walter Kälin
Country visit: 19 to 24 May 2010
Press release.

With regard to the right to education, Mr. Kälin recommended undertaking an assessment of the quality and educational needs of internally displaced persons with a view to ensuring that they benefit from the same quality of education as other children, and from the social integration and employment opportunities that schooling should offer.

UN Special Representative of the Secretary-General on internally displaced persons
Walter Kälin
Country visit: 2 April – 6 April 2007
Report published: 15 April 2008

Overall, internally displaced children in Azerbaijan have access to schools. The literacy rate of internally displaced persons is equal to that of the general population, and internally displaced students benefit from free school bags, uniforms, books and stationery, as well as free access to higher education. The Representative was impressed to learn that, since 2004, 700 schools had been built or renovated by the Government with the support of UNICEF and UNFPA, many of them for the purpose of ensuring continued access to education for displaced children. He was satisfied that the issue was a priority for the Government and one causing little concern to displaced parents, in contrast with many other countries the Representative had visited. He concluded that the problem lay primarily in the quality of the education provided rather than in ensuring access as such. (Paragraph 40)

Nevertheless, problems in the education sector persist. Pointing out that education in general required significant Government attention, the Minister for Education indicated to the Representative that the long-lasting conflict had indeed had a negative impact on the quality of education for displaced children. The financial and social hardships for their families, the material condition of schools, the quality of teachers and the psychological condition of displaced children all played a potentially adverse role. According to the Minister, teachers working in schools for internally displaced persons were often themselves stressed and suffering from psychological problems due to their displacement. Some were in need of updating their professional skills, but the Government was unable to organise special courses for them. Despite the Government's efforts, many schools for displaced children were in worse shape than local schools, some of which also suffered, for example, from a lack of heating during winter months. The precarious, overcrowded living conditions in the homes of internally displaced persons further contributed to lowering the performance of their children in school. The Minister also suspected that displaced children were overall less likely to enrol in university, partly because of financial constraints or a socially-induced lack of motivation, but owing to the lack of relevant data, this could not be verified. (Paragraph 41)

Recalling the recommendation of the Committee on the Rights of the Child that States ensure that refugee and displaced children are placed in schools in the local communities in order to facilitate their integration, the Representative inquired into the logic and current status of separate educational facilities, above all in urban areas. He learned that the Government was trying to preserve the social fabric of communities, which would eventually facilitate reintegration upon return. This led to some schools in Baku accommodating regional schools from Fizuli, Kelbajar or Lachin, so that in effect two schools were housed in one building and classes were held in shifts or in separate classrooms. In line with the view of his predecessor, the Representative agreed with the Government that keeping communities together could indeed constitute an advantage in a situation where return was imminent or where these communities were living in isolation. In this way, the overcrowding of local schools could be avoided, and children in isolated rural areas would not have to commute to distant schools. Over time, however, the social segregation and potentially lower quality of education became problematic. (Paragraph 42)

The Representative welcomes the Government's new policy of moving forward from segregated schools for internally displaced persons in urban areas. Although there are indications that such persons attending separate schools are disadvantaged, despite notable Government efforts, by an overall lower quality of education provided to them, and that displaced children may make less use of higher education opportunities than the resident population, the absence of reliable data does not permit unambiguous conclusions nor, more importantly, targeted reforms. (Paragraph 68)

The Representative supports a suggestion by the Minister for Education that the level and quality of education of internally displaced persons be studied, with the aim of filling remaining gaps through specific programmes implemented in cooperation with the international community. He encourages mixed schooling with local children wherever feasible. (Paragraph 69)

UN Special Representative of the Secretary-General on internally displaced persons
Francis M. Deng
Country visit: 21 May- 1 June 1998
Report published: 25 January 1999

Notwithstanding the disruptive experience of displacement, community links have often proved resilient. In several of the public buildings, camps or other settlements, large numbers of internally displaced persons from the same community or region can be found. In some places, this concentration has lent itself to community structures recreating themselves. In a camp near the town of Barda, for example, the camp population of more than 6,000 persons have settled and organised themselves on the basis of their area of origin. One manifestation of this trend is in education, where parallel school systems have been established for students and teachers from each of the four main home communities represented in the camps. (Paragraph 35)

Guiding Principle 23, reaffirming the right of every human being to education, calls upon the authorities concerned to ensure that the internally displaced receive education which is free and compulsory at the primary level. It will be recalled, from section II, that national legislation relating to internally displaced persons contains provisions for the education of children and adolescents, without discrimination. (Paragraph 87)

In the education of the internally displaced, issues of integration with the host populations also arise. In the Xatai district, for instance, the local authorities stated that internally displaced children were educated in schools separate from the host population. It was suggested that doing so facilitated the children's adaptation to their displacement by educating them with other children in a similar situation. However, in a situation of displacement lasting several years, it also segregates them from the local population, and thereby impedes the process of integration, which is particularly important as alternative solutions to return are increasingly required. (Paragraph 91)

UN Special Rapporteur on freedom of information
Asma Jahangir
Country visit: 26 February- 5 March 2006
Report published: 18 October 2006

The authorities have seriously taken up the task of introducing a curriculum in schools on the teachings of religions. The objective of the project would be to promote the ideals of a pluralistic society. The Education Ministry is taking the lead in this undertaking. (Paragraph 77)

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Inadequate housing for vulnerable persons (particularly displaced persons and asylum-seekers)

UN Committee on the Rights of the Child (Concluding Observations, February 2012)

The Committee notes with appreciation the significant measures undertaken by the State party to improve the situation of internally displaced persons in its territory. However, the Committee is deeply concerned about the situation of asylum-seeking children. In this context, the Committee is concerned that:

(c) The State party does not assume responsibility for legal protection and welfare of asylum-seekers in its territory as envisaged in the 1999 Law on the Status of Refugees. Specifically, asylum-seekers and their children in its territory do not have adequate and reliable access to public health, education, social services and an adequate standard of living due to existing legislative gaps and delays in implementation; (Paragraph 65)

UN Special Representative of the Secretary-General on internally displaced persons
Walter Kälin
Country visit: 2-6 April 2007
Report published: 15 April 2008

Among the most disadvantaged groups of internally displaced persons are those who have lived in tent camps, railway wagons and mud brick houses for more than a decade. Their shelters provide inadequate protection against the harsh winters and the stifling heat of summer, and they suffer from an unreliable supply of water and electricity. Most internally displaced persons in urban areas reside in run-down, overcrowded dormitories or public buildings, including former schools. Entire families, including an additional young generation now growing up, are cramped into single rooms which do not offer any privacy. These substandard shelters lack sufficient or adequate sanitary facilities, access to potable water, or waste disposal. A 2005 Government survey found that the sanitary conditions (such as sewerage systems and toilets) in the dwellings of 41.2 per cent of internally displaced persons did not meet even the most basic requirements. The Representative concluded that these conditions were clearly not in accordance with the right to an adequate standard of living, including the right to adequate housing, as provided for by Guiding Principle 18. (Paragraph 31)

UN Special Representative of the Secretary-General on internally displaced persons
Francis M. Deng
Country visit: 21May- 1 June 1998
Report published: 25 January 1999

One suggestion for shelter improvement raised by several government officials and some international NGOs (but, notably, not by any of the displaced with whom the Representative met) was the construction or provision of a partition in the single-room dwellings in which most internally displaced families reside. This measure is considered important in order to conform with cultural norms according to which adolescent girls and unmarried women are to sleep in rooms other than those occupied by their male relatives. Government officials noted that in respect of these cultural traditions even the poorest family would have a two-room dwelling. One family whose railway carriage dwelling the Representative visited had been provided with a partition by OXFAM. Other agencies with whom the Representative raised this request replied that they had not responded on account of limited resources. UNHCR, for one, quite reasonably replied that it would be willing to consider this and other suggestions relating to shelter improvement and to invest more in shelter if the authorities would consider more of the internally displaced as so-called "long-stayers", entitled to something other than shelter that is designed to be strictly temporary until anticipated return. (Paragraph 74)

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Countries

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