Committee on the Rights of the Child
Ninety-first session
29 August–23 September 2022
Consideration of reports of States parties
Replies of Azerbaijan to the list of issues in relation to its combined fifth and sixth reports * , **
[Date received: 17 May 2022]
Part I
Reply to paragraph 2 of the list of issues in relation to the combined fifth and sixth reports of Azerbaijan (CRC/C/AZE/Q/5-6)
1.The Republic of Azerbaijan (RoA) has taken effective preventive and prophylactic measures to protect the public health against the background of the coronavirus pandemic.
2.In accordance with the resolution of the Cabinet of Ministers (CoM) of the Republic of Azerbaijan No. 128 of April 7, 2021, certain privileges were applied to children with disabilities in connection with the COVID-19 pandemic.
3.According to the Resolution of the Cabinet of Ministers No. 123 of April 1, 2020, “On simplification of the procedure for providing targeted state social assistance (TSA) to low-income families against the background of the fight against the novel coronavirus (COVID-19) pandemic”, as of March 1, the provision of TSA to the families whose assigned TSA ended during the special quarantine regime imposed in the territory of the Republic of Azerbaijan was extended until July 1, 2020.
4.In 2020–2021, more than three hundred medical, social, pedagogical workers and employees of the mental health center participated in joint trainings on the prevention of violence during the pandemic and the organization of rehabilitation work with children affected by violence and large-scale promotion of the children’s hotline.
5.Special trainings on pediatric COVID-19 treatment were conducted for more than 350 healthcare workers; educational materials on children’s psychological stress were developed and disseminated in various regions of the country, as well as on social media.
6.Social support actions covered the provision of food assistance to about 250,000 families across the country.
7.The State Committee for Family, Women and Children’s Affairs (SCFWCA) and the European Union co-organized a two-day international workshop on “Innovative practices for the protection of children from family violence during the pandemic” within the TAIEX project.
8.With a view to ensuring the organization and regulation of the learning process in general education institutions of the country, “Methodological guidelines for the preparation of annual plans in general education institutions during the special quarantine regime”, “Guidelines for diagnostic assessment in general education institutions during the special quarantine regime”, “Methodical instructions on the organization of the learning process in general education institutions during the special quarantine regime” and “Methodical instructions on keeping social distance in general education institutions during the special quarantine regime” were prepared and sent to district (city) education departments and general education institutions that are directly subordinate to the Ministry of Education (MoE), as well as those that are not.
9.To ensure the children’s right to education, a virtual school project was launched on the “Virtual School” platform. For students who were unable to attend online classes, sample lessons covering classes and subjects based on the curriculum were developed and broadcast on television.
10.In light of the pandemic situation in 2020–2021, the Ministry of Education organized trainings on psychological support, first aid and health at school for so-called schoolchild’s friends working at schools within the “Schoolchild’s Friend” project.
11.During the COVID-19 pandemic, the Ombudsman-operated 916 Call Center (calls were received on 7/24) was an important tool in receiving calls from children, their parents or legal representatives, and advocates, and served to ensure their rights. The call center recorded the conversations and entered them into the database electronically, which, unlike the previous period, allowed them to be investigated promptly.
12.A total of 25,420 children benefited from twenty-two events organized by SCFWCA together with 12 government agencies, 9 experts and 8 non-governmental organizations on various topics aimed at protecting the rights of children and mitigating the adverse effects of the pandemic.
13.In accordance with the Decree of the President of the Republic of Azerbaijan dated November 27, 2020, the 2020–2025 Action Plan for the Implementation of the Strategy for Children was approved. In accordance with the National Action Plan, a new draft Regulation “On Commissions on Juvenile Affairs and Protection of Juvenile Rights”, a draft Regulation “On Guardianship and Custodianship Agencies”, a draft document “On the establishment of mechanisms to ensure equality of access to education, social and other services for children during emergencies, pandemics and similar special situations”, draft “Rules for the identification of children in vulnerable situations and the implementation of social protection measures in relation to them”, a draft document “On requirements for quality of service in social service institutions”, “Criteria for monitoring the implementation of children’s rights in all areas, as well as requirements for the quality of service in state and non-state children’s institutions”, draft documents related to the development of rules of treatment of juveniles and training programs for judges, as well as prosecutors, police and other law enforcement officers, are being prepared with the UNICEF’s technical support.
14.The “Rules on admission of children to social service institutions established by the state and municipalities, their graduation from these institutions, organization of services in orphanages, as well as supplies and living conditions of children in orphanages” and “Rules on admission of children to family-type small group houses established by the state and municipalities, their departure from group houses, organization of services in group houses, as well as supplies and living conditions of children in group houses” were approved by the resolutions of the Cabinet of Ministers No. 111 and No. 112 dated April 26, 2021, respectively.
15.Order of the Cabinet of Ministers of the Republic of Azerbaijan No. 492s dated August 16, 2021, “On additional measures to improve the social and domestic conditions of persons with identified disabilities related to the protection of the territorial integrity, independence and constitutional order of the Republic of Azerbaijan, families of martyrs, persons with identified disabilities related to the liquidation of the Chernobyl NPP accident (including fulfillment of military service duties), and those with visual impairments, as well as graduates of social service institutions and educational institutions for children who have lost their parents and are deprived of parental care” was signed. In order to implement the order, 186 graduates of the relevant category were provided with housing in 2020.
16.The Draft Resolution of the Cabinet of Ministers of the Republic of Azerbaijan “On Amendments to the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 66 of March 7, 2008, ‘On Approval of the Rules for Provision of Services to Juveniles in Specialized Social Rehabilitation Institutions for Juveniles’ “ was prepared, coordinated with relevant state bodies, and submitted to the Cabinet of Ministers on November 4, 2021.
17.In 1998, the Law of the Republic of Azerbaijan “On the Rights of the Child” was adopted. Based on the “Strategy of the Republic of Azerbaijan on Children for 2020–2030” approved by the Decree of the President of the Republic of Azerbaijan dated July 2, 2020, work is underway to improve the Law “On the Rights of the Child”.
18.The Convention has been referred to 5,928 times in court decisions in 2018 and 6,748 times in the first nine months of 2021.
19.In 2021, Sector for the Protection of Children’s Rights was established within the Office of the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan.
20.According to the Decree of the President of the Republic of Azerbaijan No. 973 dated August 29, 2013 “On increasing the amount of social benefits”, as of January 1, 2022, the amount of social benefits for children under 18 with disabilities increased by 2.4 times compared to 2019 to reach 200 AZN; the allowance for children of active duty military personnel increased by 76% to reach 120 AZN; the allowance for guardians of orphans and children without parental care increased by 97% to reach 120 AZN; the allowance for low-income families with children under one year of age increased by 56% to reach 70 AZN; the birth allowance was increased 2.8 times to reach 300 AZN.
21.According to the Decree of the President of the Republic of Azerbaijan dated December 20, 2021 No. 1495 “On Amendments to the Decree of the President of the Republic of Azerbaijan dated December 27, 2013 No. 72 ‘On determining the amount of social benefits for women with more than five children’ “, as of January 1, 2022, the amount of social allowance for each child has been set at 70 AZN, an increase of 2.11 times compared to the corresponding figures of 2019.
22.Financial allocations:
•For expenditures in connection with the financing of allowance for children with disabilities under 16 with disabilities: 71.8 million AZN in 2018, 119.7 million AZN in 2019, 107.3 million AZN in 2020, 125.0 million in 2021;
•For expenditures in connection with the financing of allowance for children of martyrs: 0.028 million AZN in 2018, 0.026 million AZN in 2019, 0.045 million AZN in 2020, 0.035 million AZN in 2021;
•For expenditures in connection with the financing of allowance for children of families who became disabled due to war and 20 January event: 2.8 million AZN in 2018, 2.5 million AZN in 2019, 2.4 million AZN in 2020, 2.5 million AZN in 2021;
•For expenditures in connection with the financing of allowance for the children of active-duty military personnel: 0.1 million AZN in 2018, 0.1 million AZN in 2019, 0.2 million AZN in 2020, 0.2 million AZN in 2021;
•For expenditures in connection with the financing of allowance for low-income families with children under one year of age: 0.5 million AZN in 2018, 0.9 million AZN in 2019, 2.0 million AZN in 2020, 2.6 million AZN in 2021;
•For expenditures in connection with the financing of childbirth allowance: 8.5 million AZN in 2018, 15.0 million AZN in 2019, 14.8 million AZN in 2020, 16.6 million AZN in 2021;
•For expenditures in connection with the financing of allowance for guardians (custodians) of orphans and children without parental care: 0.2 million AZN in 2018, 0.3 million AZN in 2019, 0.3 million AZN in 2020, 0.4 million AZN in 2021;
•For expenditures in connection with the financing of measures for the immunoprophylaxis of infectious diseases among children: 6.5 million AZN in 2018, 6.5 million AZN in 2019, 2.5 million AZN in 2020, 6.5 million AZN in 2021;
•For expenditures in connection with the financing of measures to improve the health of mothers and children: 2.9 million AZN in 2018, 2.9 million AZN in 2019, 3.0 million AZN in 2020, 3.0 million AZN in 2021;
•For expenditures in connection with the financing of measures to eliminate congenital heart defects in children: 2.0 million AZN in 2019, 2.0 million AZN in 2020, 2.0 million AZN in 2021;
•For expenditures in connection with the financing of measures for cochlear implantation operations: 2.0 million AZN in 2019, 2.0 million AZN in 2020, 2.0 million AZN in 2021;
•For expenditures in connection with the financing of orphanages under the Ministry of Education: 3.2 million AZN in 2018, 3.5 million AZN in 2019, 0.2 million AZN in 2020, 0.2 million AZN in 2021;
•For expenditures in connection with the financing of orphanages under the executive authorities: 2.8 million AZN in 2020 and 3.4 million AZN in 2021.
Reply to paragraph 3 of the list of issues
23.Currently, measures are being taken to improve the children’s data bank.
24.In accordance with the “State Standards of General Education in the Republic of Azerbaijan” approved by the Cabinet of Ministers Resolution No. 361 of September 29, 2020, the inclusion of topics on human rights and freedoms in the content of relevant subjects and extracurricular activities taught at the general education level is under consideration. Specifically, children’s rights are explained to schoolchildren not only as part of the “Life Knowledge” course, but also in language, literature, history, geography, and other subjects, using texts, themes, illustrations, exercises, etc.
25.The following in-service training programs cover topics related to children’s rights:
•In-service training on the basics of child psychology;
•Training on creating a healthy socio-emotional environment at school;
•In-service training for school psychologists on providing remote psychological support to students.
26.A Working Group consisting of representatives of relevant government agencies has been established under the Commissions on Juvenile Affairs and Protection of Juvenile Rights to facilitate and effectively carry out the activities in the sphere of protection of children’s rights.
27.The Working Group has developed a methodological guide on the important issues to be included in the agenda of the Commission’s meetings, analytical materials and conduct of regular monitoring by the Commission.
28.According to Part 2 of the Decree of the President of the Republic of Azerbaijan dated November 27, 2020, No. 2306 “On approval of the Action Plan for the implementation of the Strategy for Children for 2020–2025”, the SCFWCA shall report to the President of the Republic of Azerbaijan once a year on the implementation of measures envisaged in the Action Plan.
29.Monitoring and regular evaluation of the Action Plan is conducted by the coordinating state body, SCFWCA.
30.In accordance with CoM Resolution No. 463 of November 30, 2020, “Regional Development” Public Union was admitted as a member of the Commission on Juvenile Affairs and Protection of Juvenile Rights under the CoM as an effectively operating non-governmental organization in the Republic of Azerbaijan, and actively participates in the Commission’s activities. At the same time, representatives of government agencies included in the Commission are implementing joint projects and maintaining mutually beneficial cooperation with UNICEF.
Reply to paragraph 4 of the list of issues
31.According to the Law of the Republic of Azerbaijan “On Social Services”, social services are provided to citizens of the Republic of Azerbaijan, foreigners permanently residing in the Republic of Azerbaijan and stateless persons without discrimination.
32.In 2021, a total of 516 children received relevant social services, without any discrimination, in social service institutions for children with disabilities Nos. 1 and 2 under the Social Services Agency of the MLSPP, in the Center for Vocational Rehabilitation of Persons with Disabilities, and Shelter and Social Rehabilitation Institution for Vulnerable Populations.
33.Relevant work is underway, including the determination by local education authorities the lists of vulnerable children studying in general education institutions with a view to keeping them under constant monitoring by school psychologists and providing them with psychological support.
34.In 2018, with the support of UNICEF, SCFWCA implemented a social work project to assess the basic social, psychological, and legal needs of vulnerable children in two western regions of the country. Within the 3-month project, 104 families were involved in the project, 141 families were visited by social workers. Out of 316 beneficiaries, 140 received direct assistance and 176 received indirect assistance. Of the beneficiaries, 159 were children, 16 of whom were children with disabilities.
35.SCFWCA has taken and continues to take action to prevent discrimination against and create equal opportunities for children with disabilities, as well as children with special needs. In 2018–2021, the State Committee regularly organized events in moral support for children from the above-mentioned categories in connection with the International Childhood Cancer Day, International Day of Persons with Disabilities, and World Children’s Day.
36.In 2020, SCFWCA organized a blood donation campaign at the National Center of Hematology and Transfusiology, and a meeting of moral support with 54 children aged between 1 and 17 receiving treatment at the National Oncology Center.
37.In 2021, the 5th All-Republican Forum of Azerbaijani Children was co-organized by SCFWCA, “Regional Development” Public Union and the United Nations Children’s Fund (UNICEF). During the event, about 300 children, including children with disabilities, participated in the Forum.
38.The Ministry of Internal Affairs (MIA) has taken practical measures to install appropriate road signs, replace the useless ones with new ones, draw or restore marking lines in the areas where educational institutions are located, where children and adolescents concentrate.
39.During 2018–2021, “Traffic Rules” circles on children’s road safety were organized, road safety corners were established, competitions consisting of drawings, quizzes, videos, and handicrafts, as well as educational workshops, meetings were held throughout the country.
40.46 children and teenagers lost their lives and 141 were injured in traffic accidents in 2021.
41.Important activities are being carried out to prevent early marriages and selective abortions.
42.In 2021, the Ministry of Health organized a workshop on selective abortion prevention for more than 50 school psychologists and more than 150 ultrasonographers. Specially designed posters were widely disseminated through social media channels and in social media groups for health workers and brought to the attention of more than 3,000 health workers.
43.In 2018 and 2019, together with the Ministry of Education, 3-hour trainings were organized for more than 30,000 students of 6th–8th grades and more than 5,000 parents to promote reproductive health, and specially designed brochures were distributed. Furthermore, a Reproductive Health Hotline for parents was established in 2018–2020 and various medical and social questions were answered throughout the year.
44.Awareness-raising seminars on the prevention of child marriage are regularly held in the regions with the participation of children and youth.
45.On November 23, 2021, the Scientific Research Institute of Obstetrics and Gynecology, together with the “Support to the Development of Gynecology and Perinatology” Association held a seminar on “Current situation of medical abortions in Azerbaijan”, “WHO, CIDSR and SAAF standards on safe abortion” with participation of 50 persons.
46.On November 24–26, 2021, a training on “Comprehensive Abortion Care” was held with the participation of 25 people in order to get acquainted with the situation with abortions in Azerbaijan, the updated methodological recommendations on safe abortions and to study WHO recommendations.
47.Lectures on the consequences of early marriage were given to medical workers in all institutions across the country.
48.In general, 529 pregnant adolescents were registered in the country in 2021, and awareness work on reproductive health was conducted in the territorial Family Health Centers (FHCs).
49.To raise awareness on the prevention and elimination of early marriage and discrimination against girls, SCFWCA held a series of educational events on “Girls join the discussion” with the participation of more than 200 girls in 7 districts.
50.On December 3, 2019, the Law of the Republic of Azerbaijan “On Amendments to the Family Code of the Republic of Azerbaijan” was approved. According to the new amendment (Article 52), a child has the right to express his or her views in resolving any issue affecting his or her interests in the family, as well as to be heard in the course of judicial and administrative proceedings. The views of a child who has reached the age of 10 must be taken into account, except in cases where they contradict his interests. In cases provided for by this Code, a court or guardianship and custodianship authority may make a decision only with the consent of a child who has reached the age of 10, as well as seek and take into account the views of a child who has reached the age of 7.
51.In 2018, with a view to developing leadership qualities in children, ensuring the participation of children in decision-making concerning their rights, SCFWCA organized a round table on “My voice – my rights” involving about 80 children in parliament.
52.In 2019, two important events were held under the names “Summer Camp” and “Towards a fast and confident future” for children aged 6–16, especially from low-income families. The events were attended by 100 children from Baku and four regions.
53.In 2021, the V All-Republican Forum of Azerbaijani Children was held with the participation of 300 children (in the form of hybrid participation) covering all cities and regions of the country. A total of 2,000 children were involved in the forum at all stages and discussions were held on 7 topics (Children’s Rights: Unite for Development; New Standards in Education: Challenges and Equal Opportunities; Children’s Internet Safety; Health Protection, Healthy Lifestyle, Environmental Protection; Effective Organization and Use of Leisure Time; Role and Responsibility of the Family and Society in the Development of Children as Individuals; Let’s Love the Motherland, Be Worthy of It).
54.According to Article 7 of the Law of the Republic of Azerbaijan No. 1310-VQ of October 30, 2018, “On the Protection of Children from Harmful Information”, under the instruction of MoE, the dissemination through Internet providers of information the circulation of which among children is prohibited or restricted is prevented. This process is supervised by teachers and educators.
55.The Azerbaijan Education Network (AEN), the largest Internet network, unites the country’s general education institutions, as well as institutions implementing state policy in the field of education, on a single network.
56.In 2019, 3186 schools that joined the AEN were provided with Internet filtering using the Websense software, and in 2020, Cisco Umbrella was used for Internet filtering in 4140 schools that joined the AEN.
57.In 2021, the use of the automatic Internet filtering system provided to educational institutions within the framework of AEN allowed to block the search for harmful information in up to 60 categories and provided maximum protection for children from unwanted web content.
58.With the support of the Ministry of Education, co-organized by Cisco, Azercell Telecom and AzEduNet, social awareness seminars on safe behavior on the Internet were held in general education institutions.
59.To increase the professionalism of police officers in the field of protection of children from harmful information, seminars were held in 2021.
60.SCFWCA developed an e-training on “Children’s online safety and ways to ensure it”, improved and revived the “Parental Control and Online Safety” (kidsafe.az) software. The filter system contains 1.4 million dangerous websites and a database of more than 450,000 threatening content.
61.According to the Law “On the Protection of Children from Harmful Information”, SCFWCA controls the issuance of qualification certificates to experts on age certification of information products, the suspension or termination of the validity of the certificate, maintains a register of experts and expert organizations and their activities.
Reply to paragraph 5 of the list of issues
62.According to Article 171 of the Criminal Code of the Republic of Azerbaijan, it is a crime to involve a minor in prostitution or other immoral acts. A person who has sexual intercourse or engages in other sexual acts with a minor (under the age of 16) involved in prostitution or other immoral acts is criminally liable under Article 152 of the Criminal Code of the Republic of Azerbaijan.
63.Pursuant to Article 181.0.2 of the Code of Administrative Offenses, for the perpetration of non-criminal psychological abuse against a student in an educational institution, individuals shall be fined in the amount of 100 AZN, officials in the amount of 300 AZN, and legal entities in the amount of 5,000 AZN.
64.The prohibition of corporal punishment is also reflected in the law on education. Thus, according to Article 11.1.6 of this law, ensuring that the educational process in the educational institution is based on respect for the human dignity of students and educators and prevention of any physical and psychological abuse against students are included among the requirements for the organization of education.
65.At the same time, the rights and responsibilities of educators include protecting children and youth from all forms of physical and psychological abuse, discouraging them from harmful habits, and participating in the protection of the safety and health of students.
66.Relevant state bodies in the country regularly carry out awareness-raising activities to protect against all forms of violence against children (including bullying), to prohibit and prevent corporal punishment in all circumstances.
67.In 2021, “Children’s Rights” hackathon dedicated to November 20 – World Children’s Day was held. The purpose of the hackathon was to raise awareness on children’s rights, to promote innovative solutions to existing problems in this area, to prevent violence against children, and to promote positive discipline.
68.Within the framework of the EU-funded Twinning project “Strengthening the capacity of state bodies and local level referral mechanism to provide safety and support to victims of domestic violence” implemented in 2020–2021, trainings on work with domestic violence victims were held for 65 social workers and representatives of the Monitoring Groups on Gender-based Violence and Violence against Children operating under the Executive Authorities.
69.A 25-day training on “Indicators of domestic violence, appeal rules and risk assessment” with the participation of 300 specialists, including doctors, school teachers and psychologists was held, and seven training aids were developed in frames of the project.
70.Every year, Family and Child Support Centers operating in 11 regions organize events on “Fight against Gender-Based Violence”, “Gender Equality and Human Development”, “Let’s Say No to Gender-Based Violence!” and distribute educational materials and booklets among the population.
71.The following in-service training programs include topics related to the detection and prevention of violence, and provide detailed information to teachers in the teaching of the programs:
•In-service training on the basics of child psychology;
•Training on creating a healthy socio-emotional environment at school;
•Organization of learning in an inclusive classroom;
•In-service training for school psychologists on providing remote psychological support to students;
•Professional in-service training on organization and planning of school activities.
72.As part of the joint cooperation between the Institute of Education of Azerbaijan and SCFWCA, in frames of the “School Psychologist” project, trainings were conducted for 400 school psychologists working in schools in Baku and Sumgayit.
73.A department for social rehabilitation of victims of domestic violence has been established at the Shelter and Social Rehabilitation Center for Vulnerable Populations of the Social Service Agency under the MLSPP.
74.It is planned to establish new departments in the relevant area in the regions in 2022 as well. The department provides inpatient social and psychological rehabilitation services to children of the relevant categories.
75.The reports of domestic violence addressed to SCFWCA were examined, a survey was conducted among the victims of domestic violence, and the views of civil society representatives and lawyers participating in anti-domestic violence programs were studied.
76.The hotline number 860, created as part of the cooperation between the SCFWCA and the United Nations Population Fund (UNFPA), has been operating since December 1, 2020. The hotline received 18 calls from children in 2021.
77.The Social Services Agency under the MLSPP has established a Care Call Center (116 123) to respond to reports about domestic violence and children in vulnerable situations, as well as to provide online psychological support.
78.In 2018–2021, a total of 50 students were found to have been exposed to various types of violence in general education schools hosting the “School Psychologist” project. Specifically, eight persons were sexually abused, nine were physically abused, ten were psychologically abused, and 24 were harassed.
79.Within the framework of the “Schoolchild’s Friend” project, the project’s psychologists conducted awareness-raising trainings on harassment for the teaching staff of the general education schools where the project was implemented, and organized regular group meetings with students.
Reply to paragraph 6 of the list of issues
80.When a court rules for dissolution of a marriage, the court decides which of the parents of the underage children will remain with them after the divorce.
81.According to Article 50 of the Family Code, the rights of the child are not affected by the dissolution or invalidation of the parents’ marriage or the separation of the parents.
82.When the parents live separately, the child has the right to communicate with either of them. According to Article 61.2 of this Code, a parent living with children must not interfere with the child’s communication with another parent that does not harm the child’s physical, mental health or moral development.
83.The draft Decree of the President of the Republic of Azerbaijan “On some issues related to the improvement of the foster family mechanism and the application of the gatekeeping system aimed at protecting the rights of children deprived of parental care” was prepared and submitted to the CoM in coordination with relevant government agencies. The decree envisages state policy and regulation in the field of organization and promotion of foster families as an alternative form of care and the MLSPP as the authorized institution to apply “gatekeeping” child protection system.
84.In 2020–2021, with the technical support of UNICEF, implementation of reintegration activities commenced and as a result, 131 children (45 girls, 86 boys) have been permanently returned to their families.
85.To increase the knowledge and skills of educators working in public children’s institutions, trainings were held on Child rights, Child development, Social, psychological and pedagogical work with children with disabilities, Basics of child protection, Child and adolescent psychology, the Development, implementation and monitoring of individual development plans.
86.Within the framework of a Twinning project, a 6-day training on international standards in the field of domestic violence services was conducted with the participation of social workers, psychologists, as well as employees of municipal and local executive authorities, and an 8-day training on the Rehabilitation Program for perpetrators of domestic violence was conducted with participation of 6 employees of SCFWCA and Social Services Agency.
87.In 2021, SCFWCA and the American Councils for International Education jointly organized a 3-day professional development training for 60 psychologists and social workers working with children in emergencies, special situations and pandemic situations.
88.Enforcement status of alimony enforcement documents. In 2020, 5,109 of the enforcement documents processed by local enforcement bodies were completed (due to the coming of age of children, the conciliation agreement between the parties, etc.), 3,033 were returned to courts due to the applications of the claimants and 609 due to impossibility of enforcement, 1,781 were sent to the relevant bodies for enforcement, and enforcement measures on 88,965 enforcement documents were continued.
89.In 2020, 95,558,470 AZN was paid to the claimants on such cases.
90.In 2021, 5,022 of the enforcement documents processed by local enforcement bodies have been completed (due to the coming of age of children, the conciliation agreement between the parties, etc.), 3,045 were returned to courts due to the applications of claimants and 906 due to impossibility of enforcement, 2,682 were sent to the relevant bodies for enforcement, and enforcement measures on 98,774 enforcement documents were continued.
91.In 2021, 97,415,536 AZN was paid to claimants on such cases.
92.In 2021, more than half (55.3%) of those whose right to leave the country was temporarily restricted were debtors who avoided paying alimonies (1971 people).
93.In 2018–2021, administrative sanctions were imposed on 1564 persons who did not pay alimony debts (56% of the total administrative penalties), of which 1222 were subjected to administrative arrest, and criminal proceedings were instituted against 170 persons (70% of those who faced the opening of a criminal case). Besides, 3,993 people with unknown whereabouts were declared wanted (30% of those wanted) .
94.The draft documents on the implementation of the Decree dated April 3, 2019 “On deepening the reform of the judicial system” also pay attention to the issue of alimony and provide for differentiation of punishment under Article 306 of the Criminal Code for debtors who do not comply with the court decision in a biased manner.
95.Taking into account the immediate best interests of the children, the amendments to the Code of Civil Procedure provided for the immediate execution of court decisions on alimony.
96.In the draft “Enforcement Code of the Republic of Azerbaijan” prepared in accordance with the requirements of the “State Program for the Development of Justice in Azerbaijan for 2019–2023”, a separate chapter (Chapter 18, Articles 152–163) deals with the rules of enforcement of enforcement documents concerning alimony claims.
97.The capabilities of the “Electronic enforcement” information system also make an important contribution to the execution of alimony cases. Thus, like other cases received for enforcement, the documents on alimony claims are registered through this system, or such documents are transferred to the “E-enforcement” system through electronic exchange from the courts that are part of the “Electronic Court” information system.
98.Investigation of criminal cases on crimes against children in institutions is carried out on a general basis in accordance with the legislation on criminal procedure.
Reply to paragraph 7 of the list of issues
99.According to Article 124.5 of the Family Code, when a child who has reached the age of 10 is adopted, his consent is required. When a child who has reached the age of 7 is adopted, his or her opinion is studied and considered by the courts in the presence of a pedagogical worker or psychologist.
100.With a view to encouraging adoption, as a result of amendments to the Law “On Social Protection of Orphans and Children Deprived of Parental Care”, when adopted children study, on paid basis, at public, municipal and private higher education and specialized secondary education institutions, and also at the master’s level of a scientific institution determined by the relevant executive authority, their tuition fees are paid from the state budget.
101.Furthermore, according to the amendment to Article 102.3 of the Tax Code, the taxable base of monthly income for any paid work of one of the parents who adopts children with disabilities, is reduced by 200 AZN.
102.Under the CoM Resolution No. 392 of October 15, 2020, the CoM Resolution No. 141 of August 15, 2000 “On approval of the List of diseases that do not allow adoption, guardianship and custodianship” was amended. The new amendment removes restrictions on the adoption of people with disabilities.
103.According to the Law of the Republic of Azerbaijan “On Social Benefits”, those who adopt children between the ages of 3 and 18 who are considered difficult to adopt receive 200 AZN per child, and those who adopt children with disabilities receive 600 AZN per child.
Reply to paragraph 8 of the list of issues
104.In the 2021/2022 academic year, 1,755 students are studying in 7 special boarding schools that are directly subordinate to the Ministry of Education.
105.To prevent children from being institutionalized, special classes have been opened in educational institutions with integrated learning located in the regions, and 776 students with mental and intellectual impairments live with their families and study at nearby educational institutions.
106.Textbooks at the primary school level have been prepared for students with intellectual disabilities enrolled in special education, and methodical aids on those textbooks have been prepared for teachers working with them; methodical aids for parents have been developed as well. In 2021, first grade textbooks on mother tongue and mathematics for children with intellectual disabilities were published, and textbooks on mother tongue and mathematics for second grade students are currently being prepared for publication.
107.Every school-age child with disabilities is screened by the Psychological-Medical-Pedagogical Commission and enrolled in inclusive education on the basis of the relevant decision of the Commission.
108.To organize inclusive education of persons with disabilities in general education institutions, the “State Program for the Development of Inclusive Education for Persons with Disabilities in the Republic of Azerbaijan in 2018–2024” was approved by the Decree of the President of the Republic of Azerbaijan dated December 14, 2017.
109.In the 2021/2022 academic year, inclusive education classes were organized in 12 general education institutions located in the regions of the republic.
110.In the 2021/2022 academic year, 12562 children with disabilities were enrolled in special education in Azerbaijan. 157 of them are enrolled in inclusive education, 1180 in educational institutions with integrated learning, 2740 in special educational institutions, 8456 in home education, and 29 are provided with education in inpatient treatment facilities.
111.The “DOST Center for Inclusive Development and Creativity” was established to develop and promote the creative potential, talents and other skills of people with disabilities, including those identified as war-disabled, members of the families of martyrs, as well as socially vulnerable groups.
112.In 2021, 109 contracts on social procurements were signed with 41 non-governmental organizations, individuals and legal entities in various areas for the social rehabilitation of persons with disabilities, children with special needs, and persons in vulnerable situations. The project “Organization of activity of social rehabilitation centers for children with disabilities” covered 6200 children with disabilities in 62 districts.
113.The project “Provision of services of day care centers to prevent children from ending up in state children’s institutions and ensuring access to social services for children and families in vulnerable situations” covered 720 children in 24 cities and districts.
114.During 2021, on the basis of the social procurement order of the MLSPP, non-governmental organizations implemented the project “Center for work with neglected and socially vulnerable children” in 3 districts, providing a total of 160 children with relevant social services.
115.In connection with the strengthening of community-based services and parental support, 1000 children in 50 groups in the 2018/2019 academic year, 6212 children in 321 groups in the 2019/2020 academic year, 9207 children in 500 groups in the 2020/2021 academic year, 16,041 children in 850 groups in the 2021/2022 academic year, were involved in community-based preschool groups.
116.During 2018–2021, more than 500 children with disabilities benefited from the services of the centers.
117.The Resolution No. 406 of 23.12.2021 of the Cabinet of Ministers of the Republic of Azerbaijan approved the “Rules for providing persons with disabilities with medicines, medical services and sanatorium-resort treatment within the country”.
118.Measures are being taken by the Ministry of Health to ensure that children with disabilities, including children with autism spectrum disorders and neurodevelopmental disorders, have access to medical and psychological services. In addition, the mechanism for organizing and coordinating the medical examination and treatment of children temporarily held in children’s shelters continues to operate effectively. Immediate examination and treatment of children is carried out in territory-based medical institutions upon receiving requests from shelters.
119.Children with autistic spectrum and neurodevelopmental disorders are involved in education in general education schools and special boarding schools on the basis of the relevant educational program, depending on the level of development according to the decision of the Psychological-Medical-Pedagogical Commission.
120.Various therapies and developmental services are provided to children suffering from autism spectrum disorders, and trainings are organized by FCSCs under SCFWCA which operate in the regions. Currently, 157 children with autism spectrum disorders benefit from the services of FCSCs.
Reply to paragraph 9 of the list of issues
121.By the Decree of the President of the Republic of Azerbaijan dated June 13, 2014, the “State Program on Improving Maternal and Child Health for 2014–2022” was approved.
122.In connection with the implementation of the “State Program on maternal and child health” and in accordance with WHO recommendations, international criteria for live births have been adopted and are effective from January 1, 2015.
123.The Premature Newborns Intensive Care Department has been improved by the Pediatrics Research Institute (PRI).
124.Neonatal Screening has been introduced for the first time in the country to enable early detection and timely diagnosis of diseases in order to provide medical care to children in compliance with international standards.
125.In 2018 and 2019, based on the WHO methodology, training manuals on maternal near miss case review and prevention were revised and submitted to medical institutions.
126.In 2019–2021, a total of 500 doctors participated in 2 international conferences and 4 training courses on urgent situations in neonatology and pediatric resuscitation.
127.ALSO and PALS trainings were conducted for more than 300 medical staff in 2020–2021.
128.In 2021, the Reproductive Health mobile application was launched, containing important materials for expectant mothers and parents related to the care of newborns and babies.
129.In 2020–2021, online courses on maternal and infant health, risks, and indications for birth through caesarean section, reproductive health, COVID19 in pregnancy, pediatric COVID19 were developed and posted on the ecourses.az portal. These courses are used by 300 medical staff every year.
130.The State Agency for Compulsory Medical Insurance (SACMI) is working with Administration of the Regional Medical Divisions (TABIB) and UNICEF to create a mobile application for the Patronage Service. A working group was established to improve the service and reduce neonatal mortality in cities and regions, and members of the working group were seconded to the regions to assist in the organization of quality neonatal services in the regions.
131.Antenatal service experts are seconded to the regions and seminars are organized in order to improve the quality of antenatal care in medical institutions located in regions, to involve their doctors and nurses in antenatal care and to read clinical protocols on antenatal care, as well as to monitor pregnancy registers in Central District Hospitals.
132.Seminars on “Antenatal care for women with physiological pregnancies” were held for 250 primary health care workers in the southern region and 246 in the western region in total. During 2021, seminars on strengthening antenatal services were organized in 27 cities and districts.
133.From June 29 to August 15, 2021, the impact of structural changes in medical institutions related to the introduction of Compulsory Medical Insurance (CMI) on the activities of maternity wards was monitored throughout the country.
134.“The State Program on Ensuring the Food Safety in the Republic of Azerbaijan for 2019–2025” approved by the Decree No. 1143 of the President of the Republic of Azerbaijan dated April 29, 2019, envisages implementation of measures (implementation of special pilot projects, etc.) to ensure healthy nutrition of vulnerable populations (children, pregnant women, etc.). To this end, a working group consisting of representatives of the Food Safety Agency (FSA), the Ministry of Education, the Ministry of Agriculture, the Ministry of Health and the Ministry of Economy was established, and it developed a pilot project “Milk for Schoolchildren”.
135.Trainings on proper breastfeeding were organized as part of the cooperation with UNICEF, and trainings were held in 52 districts and cities in frames of the ‘Neonatal resuscitation and 10 steps towards successful breastfeeding’ project.
136.With a view to strengthening patronage/home visits services for pregnant women and young children, home visits of nurses were organized in 4 pilot districts in cooperation with UNICEF. One of the training modules of the pilot project introduced to mothers is the promotion of breastfeeding.
137.At present, the Service Package of compulsory medical insurance includes 2,550 medical services. These medical services include a number of medical services (outpatient medical service, inpatient therapy, surgery) related to the examination and treatment of children under 18 years of age.
138.During 2020 (indicators for 23 cities and districts where compulsory medical insurance was applied), 103 children were referred to medical institutions (with whom contracts have been signed) for surgeries that could not be implemented in state medical institutions, as well as those that require special medical equipment and supply.
139.During January–October 2021, 464 children across the country were referred to medical institutions (with whom contracts have been signed), and 237 children underwent cardiovascular surgery.
140.It is planned to expand the Service Package to include 2800 medical services.
141.A total of 15 trainings were conducted for more than 400 antenatal care specialists from 47 medical institutions in six regions. Of these, 9 trainings were organized on the Neonatal Resuscitation Program (NRP) with the participation of 301 people, and 6 trainings were organized on breastfeeding, with the participation of 112 people.
142.Based on international experience, an online course was organized for members of the TABİB’s Neonatal Working Group and the staff of Pediatrics Research Institute.
143.Awareness-raising activities entitled “Drugs or Life” were continued by the relevant government agencies in all cities and regions of the country. SCFWCA, including its FCSCs operating in 11 regions, conducts annual trainings on “Healthy lifestyle: and say no to drugs” to raise public awareness about drug use and related problems among citizens and to promote a healthy lifestyle among young people. Throughout the year, about 550 participants were involved in general trainings, and educational materials were distributed to the population as part of the project.
144.In 2020, with a view to promoting a healthy lifestyle among children and adolescents, electronic posters on the topics “Parental care – the safety of children”, “Let’s protect children from information that harms their health and development!” were posted on billboards and monitors of Baku Metro stations.
145.In 2021, to promote a healthy lifestyle among children and adolescents, to organize awareness-raising activities to prevent drug addiction, informational posters on three topics were displayed on public transport advertising monitors belonging to the Baku Transport Agency in cooperation with government, non-governmental and international organizations.
146.With the financial support of the United Nations Population Fund (UNFPA), sexual and reproductive health services were provided, and workshops were organized for health workers in 8 war-affected cities and districts.
147.In 2016 and 2017, in the field of mental health, to strengthen mental health services for children suffering from organic and functional mental disorders, Regional Mental Health Units consisting of multidisciplinary specialists (pediatrician, psychiatrist, psychologist, speech therapist, instructors on therapeutic physical education and occupational therapy) were established in medical institutions under the Mental Health Center of the Ministry of Health and are operating in 14 regions of the country.
148.SCFWCA held an online discussion on “Psychological support for children with disabilities in quarantine situation” on social media. 10775 people benefited from the event.
Reply to paragraph 10 of the list of issues
149.The following documents have been developed and approved to improve the regulatory framework in the field of preschool education:
•“State standards of education of children with disabilities of preschool age” (Cabinet of Ministers’ Resolution No. 62 of February 26, 2018);
•“State standard of preschool education in the Republic of Azerbaijan” (Cabinet of Ministers’ Resolution No. 351 of August 8, 2019);
•According to the Decree of the President of the Republic of Azerbaijan No. 3058 dated December 20, 2021 “On improving the governance in the state preschool education system”, all preschool educational institutions subordinate to local executive authorities were transferred to the Ministry of Education of the Republic of Azerbaijan.
150.The Ministry of Education periodically organized monitoring, checked students’ attendance, worked with parents, and took appropriate disciplinary measures against the heads of general education institutions with low attendance. Coordinating work is being carried out with the local executive powers, local education authorities and law enforcement agencies to involve school dropouts in education. To this end, lists of children are made and educational talks are held with parents, as well as those who have been out of school for a long time are involved in individual education.
151.According to the “State Standards of General Education in the Republic of Azerbaijan” approved by CoM Resolution No. 361 of September 29, 2020, the content of general education is developed based on the principles of secularism, personality-oriented, student-oriented and results-oriented approaches, continuity and integration, reflecting national and universal values.
152.The integration of 21st century skills into teacher training has been considered in the following in-service training programs.
•Classroom management at the primary education level;
•Methodology of developing reading and comprehension skills in students at the primary education level;
•Methodology of organizing work with new textbooks;
•Methodology of preparation of mathematical situation exercises for mathematics teachers working at lower secondary and upper secondary education level;
•Methodology of organizing written work at the level of lower secondary education;
•Methodology of organization of work in school readiness groups;
•Methodology of organization of distance education at the primary education level;
•In-service training on the methodology of organizing distance education at the level of lower and upped secondary education (distance);
•In-service training on the methodology of organizing work on the text;
•Training on project planning and project proposal writing;
•Training on innovation and application of new technologies in STEAM-based lessons;
•Digital skills training.
153.In the 2021/2022 academic year, a total of 24,600 applications were received for admission to vocational education institutions, and 16,590 people succeeded. Compared to 2020, the number of people admitted increased by 12%. In the 2021/2022 academic year, students were admitted in 15 specialties at the level of high technical vocational education as 820 people became students.
154.To expand the scope of vocational education, starting from 2021, short-term trainings in the field of Information and Communication Technologies, logistics, industry, finance and services were held. In total, 776 out of 6192 applicants were selected to join the trainings, and 599 people successfully completed the trainings. The trainings were conducted in regular, hybrid and online formats with the involvement of employers in the teaching process.
155.To increase the knowledge and skills of educators in vocational education institutions, ICT trainings consisting of 11 modules (Microsoft Office software, SMM, PowerPoint, graphic design software, Microsoft Teams, etc.) were organized. 743 people were involved in the trainings.
156.In the 2021/2022 academic year, within the framework of the “Organization of Vocational Classes” project, 45 new classes were opened as the number of classes reached 124 in 80 schools, covering the capital and regions. With the opening of new classes, the project covered 2,387 students. 406 teachers participated in trainings on “Team building”, “Speech, communication”, “Presentation skills”, “Improvement of pedagogical and methodical skills”, “Basic competences”, “IT Help Desk” and “STEAM” module to increase their knowledge and skills.
157.During 2021, maintenance was carried out in 440 general education institutions in the areas of water and sanitary facilities.
158.Currently, 22 Youth Houses under the Ministry of Youth and Sport have been equipped with computers. Computer literacy courses and trainings are regularly organized for young people, and access to the Internet is provided.
159.In 2020, educational institutions were provided with 9,000 laptops, 262 Lego Education Mindstorms EV3 robot sets, 400 Optoma S334e projectors; video surveillance systems were expanded in 79 educational institutions; and 328 educational institutions were provided with relevant equipment to increase internet speed. The education system of 4140 educational institutions has been provided with access to corporate Intranet and Internet networks.
160.In 2021, 4289 educational institutions were provided with access to corporate internet and Internet networks, 20,074 laptops were distributed to educational institutions, 2 educational institutions and 1 Vocational Education Center were provided with a total of 73 video cameras.
161.There are 211 art education institutions within the system of the Ministry of Culture, including the Baku Academy of Choreography, Central Art School named after G.Garayev, Karabakh Mugam Center named after U.Hajibeyli in Agjabadi city, Art Education Center in Shamakhi city, Gadabay Ashug School, 157 children’s music schools, 47 children’s art schools and 2 children’s painting schools. These institutions play a special role in the organization of children’s leisure time.
162.To effectively organize children’s leisure time, intellectual games, innovation festivals, chess festivals, mugam competitions were held across the country.
163.To stimulate the creative and intellectual development of young people and the effective organization of leisure time, 8 rounds of the intellectual game “Student excellence” (Əlaçı) were held in 2018–2021. In total, more than 25,000 students from all regions of the country took part in the games, two rounds of which are held every year.
164.During 2018–2019, the republican Brain-Ring championships were held among schoolchildren. The championships were organized in 11 regions, covering all districts.
165.In the 2018/2019 academic year, the republican championship on sports was held among schools. In the competitions, 69216 pupils from 1442 secondary schools competed in basketball, 62544 pupils from 1303 secondary schools in volleyball, 54288 pupils from 2262 secondary schools in athletics and 16200 pupils from 675 secondary schools in chess.
166.During 2020, the students of sports and chess schools won 133 gold, 117 silver and 164 bronze medals in the championships held nationwide and by the Republican Sports Center “Education”, and 45 gold, 30 silver and 42 bronze medals in international competitions. In total, 178 gold, 147 silver and 206 bronze medals were won.
167.Classes related to the COVID-19 pandemic were taught online in out-of-school educational institutions. The online classes were attended by more than 20,000 group and club members in 27 sports and 103 circles, and more than 1,200 teaching staff. As part of the “Lesson time” program and the “After lessons” module, which are organized by the Ministry of Education and aired on Medeniyyet TV channel on weekdays, contained TV lessons related to extracurricular activities as well.
168.On May 8–9, 2021, an international online tournament, Education Cup, dedicated to the 98th anniversary of national leader Heydar Aliyev was held. 190 chess players from 24 countries took part in the online tournament.
169.Within the framework of the project “TOPs-Creation of modern educational technology for physical education”, trainings were held for physical education and primary school teachers at secondary schools. The project covered more than 600 schools in the 2019/2020 academic year (the number of students in those schools being more than 270,000), about 600 schools in the 2020/2021 academic year (more than 200,000 students), about 700 schools in 2021/2022 academic year (more than 150,000 students).
Reply to paragraph 11 of the list of issues
170.The standards applied in our country on the regulation of migration processes and relations in this field, the legal status of foreigners and stateless persons in the Republic of Azerbaijan are determined by the Migration Code of the Republic of Azerbaijan which was approved by Law No. 713-IVQ dated July 2, 2013 and entered into force on August 1, 2013.
171.According to the Migration Code, family members of a foreigner or stateless person include the foreigner’s or stateless person’s wife (husband), children under the age of 18, disabled children who have reached the age of 18 and parents dependent on him/her.
172.A permit for permanent residence of a child under 14 years of age in the territory of the Republic of Azerbaijan is obtained on the basis of application of his/her parent or other legal representative, and in the case of a child aged 14–18, it is obtained with his/her consent on the basis of application of his/her parent or other legal representative.
173.In accordance with the Law of the Republic of Azerbaijan “On the Rights of the Child”, as well as other laws of the Republic of Azerbaijan and international treaties to which it is a party, the best interests of children are taken as a primary consideration, all measures are taken to protect the rights and legitimate interests of children.
174.Law of the Republic of Azerbaijan No. 114-VIQD of May 19, 2020 added “social service institutions for children under 18 with disabilities” to the list of places of residence mentioned in Article 3.0.14 of the Migration Code of the Republic of Azerbaijan.
175.According to the Law of the Republic of Azerbaijan No. 73-VIQD of May 1, 2020, the phrase “ability of foreigners and stateless persons studying in vocational education institutions to apply” was added to the list of grounds for temporary residence permits under Article 45.1.9 of the Migration Code of the Republic of Azerbaijan.
176.During the examination of the applications of the applicants for refugee status, relevant documents are issued by the State Migration Service (SMS) based on the application of parents for the children born in Azerbaijan of persons who obtain the refugee status, while relevant documents for the children born in Azerbaijan of persons that are under the protection of the UNHCR Azerbaijan are issued by this organization. These persons do not have difficulty in obtaining a birth certificate for their newborns on the basis of documents issued by the relevant medical institutions confirming the birth.
177.According to the relevant paragraph of the “2020–2025 Action Plan for the Implementation of the Strategy for Children” approved by the Decree of the President of the Republic of Azerbaijan No. 2306 dated November 27, 2020, the draft “Decree of the President of the Republic of Azerbaijan on the creation of a single database by the State Migration Service of foreigners and stateless persons under the age of 18 who came to the territory of the Republic of Azerbaijan unaccompanied or left unaccompanied upon arrival, and Amendments to the ‘Regulations on the Unified Migration Information System of the State Migration Service of the Republic of Azerbaijan’ approved by the Decree No. 276 of the President of the Republic of Azerbaijan dated June 4, 2010” was prepared.
178.A Working Group was established to provide a national referral mechanism for the effective care of unaccompanied children. The Working Group included representatives of SMS, SCFWCA, MLSPP, MoE, MoH and Baku City Executive Power. According to Article 6 of the Law on the Status of Refugees and Internally Displaced Persons, refugees enjoy the rights and freedoms of citizens of the Republic of Azerbaijan and have the same responsibilities, unless otherwise provided by the Constitution of the Republic of Azerbaijan, this Law and other legislative acts.
179.The UNHCR Office in Azerbaijan provided tablets to 378 school-age children of refugees and asylum seekers to continue their remote education against the background of the current pandemic.
180.Foreigners and stateless persons who have received refugee status registered with the State Migration Service and are under the protection of the UNHCR Office in Azerbaijan have been covered by free vaccination.
181.Part 1 of the “Regulation for consideration of petitions for refugee status” approved by the Decree No. 419 of the President of the Republic of Azerbaijan dated November 13, 2000, reflects issues related to unaccompanied children entering the country. According to the second paragraph of Part 1 of the Regulation, “When a person under the age of 18 is found unaccompanied or left unaccompanied upon arrival in the country (hereinafter – an unaccompanied child), the person is referred to the guardianship and custodianship authorities. The guardianship and custodianship authorities shall clarify whether an unaccompanied child entered the country unaccompanied or left unaccompanied upon arrival, and if he/she intends to obtain “refugee” status, he/she shall apply to the State Migration Service of the Republic of Azerbaijan in accordance with this Regulation.”
182.According to the ninth paragraph of Part 1 of the Regulation, until the issue of granting “Refugee” status to an unaccompanied child is resolved, the guardianship and custodianship authorities place him/her in social service institutions. Unaccompanied children are treated equally in the country as orphans and children deprived of parental care, and their social protection is ensured by the state, and their rights and interests are protected in accordance with the law.
183.Asylum-seeking children, especially those who are unaccompanied, have the right to enjoy special care and protection. If a child is granted asylum on the basis of the facts stated by him/her, the long-term decision provides for his or her integration into the country of asylum or placement in a third country.
184.In the last three years, only in 2019, 4 of the applicants (3 from Afghanistan, 1 from Egypt) were found to be unaccompanied children, and they were referred to the guardianship and custodianship authorities.
Reply to paragraph 12 of the list of issues
185.In 2019 and 2021, a training course on psycho-medical rehabilitation was conducted for NGO employees, and methodological aids on the organization of medical-psychological work with victims of violence, including child labor, were developed.
186.Trainings were conducted for medical staff and paramedics in 2021 on general awareness about “Psychiatry”, “Panic Attack” and “Suicide”, “Depression”, supervision on psychiatric and psychological assessment of residents, ethics and conduct of medical staff.
187.Five employees of Social Services Agency members were involved in the MHPSS (Mental Health and Psychosocial Support) program of WHO.
188.In 2019–2021, 3 children (2 boys, 1 girl) were identified as victims of human trafficking, they were exploited at the age of 10–13, 1 of them was exploited as a beggar, and 2 were exploited in the agricultural farming sector. Three persons who exploited these persons were sentenced to 7–8 years of imprisonment by the relevant court decisions.
189.In 2019, SCFWCA conducted next round of trainings for police inspectors working with juveniles in Baku and employees of the Commission on Juvenile Affairs and Protection of Juvenile Rights under local executive authorities in the field of prevention of child neglect, child labor and school dropouts.
190.In 2021, SCFWCA conducted trainings on “Prevention of child labor” in order to identify cases of child labor and organize interdepartmental work to prevent these cases. The trainings were attended by police inspectors working with juveniles in cities and regions of the Republic of Azerbaijan, entrepreneurs engaged in small and medium business, officers of the Post Patrol Service of district police departments, employees of the commissions of the executive authorities on juvenile affairs and protection of juvenile rights, Ministry of Labor and Social Protection of the Population, the State Labor Inspection Service.
191.Legal regulation and protection measures to prevent sexual violence are reflected in the Criminal Code. Specifically, Articles 149, 150, 151, 152 of the Criminal Code, in the category of crimes against the sexual integrity and sexual freedom of the person, criminalize the act as a punitive measure for the protection of victims of sexual violence.
192.Identification of street children and juvenile vagrants and beggars is carried out through police raids and inspections conducted and the received reports. When children engaged in begging or working on the streets are identified, each case is investigated by the Commission on Juveniles Affairs and Protection of the Juveniles Rights. In 2021, administrative sanctions were imposed on 450 juveniles who were engaged in vagrancy and begging and their 75 parents.
Reply to paragraph 13 of the list of issues
193.The Ministry of Justice has been cooperating with UNICEF on the development of juvenile justice in our country since 2008.
194.In four grave crimes courts of the republic, special rooms and courtrooms equipped with technical equipment for the interrogation of juvenile victims and witnesses have been prepared and commissioned.
195.The next Action Plan for 2021–2022, signed between the Ministry of Justice, the Ministry of Internal Affairs and UNICEF in 2021, covers the improvement of legislation in the field of juvenile justice, the organization of pilot social work for juveniles registered with the Probation and Penitentiary Services, the development of training program on child-friendly communication, as well as support for lawyers in the field of children’s rights.
196.On the initiative of the President of the country, the Milli Majlis (parliament) adopted a decision on 05.11.2021 “On amnesty on the occasion of November 8 – Victory Day.” The amnesty act was applied to 6 of the 20 juveniles held in the Penitentiary Service’s Correctional Facility and to 15 of the 96 juveniles held in the probation facilities.
197.Chapter 14 of the Criminal Code covers characteristics of criminal liability and punishment of juveniles. Pursuant to Article 89 of this Code, a juvenile convicted of a less serious crime that does not pose a major public threat may be released from sentence through the application of compulsory correctional measures. Early conditional release may be applied to juveniles sentenced to correctional labor, restriction of liberty or imprisonment. In accordance with the Decree of the President of the Republic of Azerbaijan dated 26.02.2021, the Ministry of Justice has been allocated the necessary funds to complete the construction of a correctional facility for juveniles (150 people) in Baku and new facilities for convicted juveniles and women was commissioned in 2022.
198.With the aim of addressing certain legal, psychological and social issues arising from the essence of the Law of the Republic of Azerbaijan “On social adaptation of persons released from penitentiary institutions”, the problems of released youth and drawing public attention to these problems, addressing issues of social adaptation and organizing legal awareness work in this field, the data of convicts officially prepared based on mutual agreement between the Penitentiary Service and the MLSPP 3 months before the end of the sentence, are sent to the MLSPP.
199.According to the action plan signed with the Penitentiary Service during 2018–2021, cultural and mass events were held by the relevant government agencies.
200.Documentary films were demonstrated, additional optional classes were held in the 2020/2021 academic year (Azerbaijani, Russian, English, Literature, Informatics, National moral values) for juvenile convicts.
201.The psychologist working in the institution receives convicts and arrested juveniles with psycho-social, developmental and mental impairments, carries out awareness-raising, counseling and preventive work to protect their mental health, adapt to the penitentiary institution, regulate interpersonal relations and restore lost social relations.
202.To organize effective control over the implementation of alternative punishments in the framework of the implementation of the Decree of the President of the Republic of Azerbaijan dated 10.02.2017 “On improving the penitentiary system, humanizing the penal policy and expanding the use of alternative punishment and non-custodial measures”, the Probation Service was established in the Ministry of Justice in 2018. The Probation Service was equipped with modern equipment; an Electronic Monitoring Center was established to allow continuous monitoring of prisoners and operative communication; and extensive public presentations were held on the center’s capabilities and “electronic wristband” functions.
203.Measures were taken together with NGOs and Public Associations for the social adaptation and rehabilitation of juvenile convicts under probation.
204.UNICEF experts have developed a draft Guideline on “Referral of juveniles under the control of the probation service to the social and psychological rehabilitation service”.
Reply to paragraph 14 of the list of issues
205.According to Article 279 of the Criminal Code of the Republic of Azerbaijan, the creation of armed groups or groups not provided for by law is considered a crime. In this regard, any act carried out to form such formations or groups, including the involvement of children, creates criminal liability.
206.In addition, recruitment, training, financing and other material support of mercenaries, as well as their use in military conflict or military operations (pursuant to Article 114 of the Criminal Code) and recruitment of juveniles in armed forces (pursuant to Article 116.0.5 of the Criminal Code) is punishable by imprisonment for a term or life.
207.On September 27, 2020, in response to another attempted military aggression by Armenia against Azerbaijan, the Azerbaijani Army launched a counterattack. During the 44-day war, a total of 93 civilians were killed (including 1 infant, 11 children, 27 women, 54 men) and 454 civilians were injured (14 infants, 36 children, 101 women, 303 men) as Armenian armed forces deliberately subjected to intensive fire the Azerbaijani cities, local residential settlements and civilian facilities outside the conflict zone using various types of arms.
208.In 2021, 2304 apartments were provided to privileged persons. 421 of them are members of the families of martyrs of the Patriotic War, 27 are members of the families of martyrs-heroes of the Patriotic War, 52 are heroes of the Patriotic War, 244 are persons with identified disabilities related to the Patriotic War. In January–February 2022, 120 apartments were provided. 30 of them are martyrs’ families, 26 are people with disabilities, 2 are heroes of the Patriotic War.
209.SCFWCA, the United Nations Children’s Fund (UNICEF) and the ASAN Volunteers Youth Organization Public Union implemented the “Child Protection in Emergency Situations” project to provide psychosocial support to war-affected families and children. Within the project, more than 1,400 war-affected families were visited, psychosocial assessments were conducted; the initial psycho-emotional state of 2,400 children was assessed; and individual and group therapy with at-risk children and mothers was performed.
210.To continue psychosocial support in the post-war period, the Family and Child Support Centers (FCSCs) operating under the SCFWCA continued their activities, visited 773 families of martyrs and ghazis, and conducted initial psychosocial assessments.
211.In accordance with the “Rules for the perpetuation of the title of the martyr and the application of benefits to the families of martyrs” approved by the Resolution No. 10 of January 15, 1994 of Cabinet of Ministers of the Republic of Azerbaijan, Civilians killed and missing as a result of Armenian aggression in the border areas with Armenia and in Karabakh, as well as in other parts of the country as a result of Armenian military provocation (attack, blow) are also considered martyrs. Accordingly, both children who became victims of the conflict and children who are members of the family of a martyr enjoy the following benefits and privileges, as well as the right to social security provided for them by law:
•Allowance of the President of the Republic of Azerbaijan (monthly);
•Pension and social allowance for the loss of the head of the family;
•Social allowance for children under 18 with disabilities;
•Allowance for caregivers of children under 18 with disabilities;
•Housing support – Persons with identified disabilities connected with the protection of the territorial integrity, independence and constitutional order of the Republic of Azerbaijan, and the families of martyrs are provided with an apartment or individual house with a view to improving their social and living conditions;
•Psychological support – Members of the martyr’s family, as well as children affected by the conflict, are provided with psychological support using psychological methods such as individual and group counseling and family therapy after the initial diagnosis during the postwar period;
•Sanatorium-resort treatment;
•Education – Children of martyrs are exempted from paying tuition fees.
Reply to paragraph 15 of the list of issues
212.Articles 144-1.2.3 and 144-2.2.3 of the Criminal Code of the Republic of Azerbaijan stipulates 8 to 12 years in prison for human trafficking if it is committed against a juvenile, and 7 to 10 years for forced labor if it is committed against a juvenile.
213.Identification and protection of victims of human trafficking (child trafficking), search operations and criminal prosecution of relevant crimes are carried out by a special police authority under the Ministry of Internal Affairs, the General Directorate for Combating Human Trafficking.
214.According to the National Action Plan on Combating Human Trafficking in the Republic of Azerbaijan for 2020–2024, 32 government agencies, local executive authorities, specialized non-governmental organizations, higher education institutions and Commission on Juvenile Affairs and Protection of Juvenile Rights have been involved in the activities on prevention of all forms of human trafficking, including child trafficking and prohibition of child trafficking.
215.CoM Resolution No. 81 of May 20, 2011, approved the “Program on elimination of problems enabling human trafficking”.
216.The “Program for Social Rehabilitation and Reintegration of Child Victims of Human Trafficking” approved by CoM Resolution No. 37 of February 6, 2014, envisages the implementation of relevant measures for the social rehabilitation and reintegration of child victims of human trafficking.
217.Regarding the identification and referral of child victims, it should be noted that paragraph 3.1.2 of the “Rules (Indicators) for the Identification of Victims of Trafficking” approved by the CoM Resolution No. 131 of 3 September 2009 concretely specifies the signals for the identification of child victims of human trafficking.
218.Commercial sexual exploitation of children is not covered by Article 171 (involving minors in prostitution or immoral acts) of the Criminal Code, but by Article 144-1.2.3 (when human trafficking is committed against a juvenile), which is classified as an especially grave crime. According to the Law of the Republic of Azerbaijan “On Combating Trafficking in Human Beings”, sexual exploitation means the use of a person (including a child) in prostitution, sexual slavery or in the production of pornographic materials.
219.Distributing, advertising, selling, transferring, sending, offering child pornography, enabling the acquisition thereof, or producing, obtaining or storing it for distribution or promotion is considered a crime under Article 171-1 of the Criminal Code of the Republic of Azerbaijan (circulation of child pornography).
220.In accordance with the paragraphs of the “National Action Plan on combating human trafficking in the Republic of Azerbaijan for 2018–2021, the Family and Child Support Centers under the SCFWCA organized awareness events on a regular basis with the participation of the employees of the local executive authorities, District Education Departments, Youth and Sports Departments and other relevant agencies, and distributed booklets.
221.According to Article 171 of the Criminal Code, involving a minor in prostitution or other immoral acts is a crime. A person who engages in sexual intercourse or other sexual acts with a minor (if under 16 years of age) involved in prostitution or other immoral acts is criminally liable under Article 152 of the Criminal Code of the Republic of Azerbaijan.
222.Investigators and interrogators serving in the investigation and interrogation bodies of the internal affairs bodies are instructed to investigate and prosecute the above-mentioned criminal acts in order to improve the quality of service and professional activities.
223.In 2021, Azerbaijan Children’s Hotline service received 5,291 appeals:
•Appeals are disaggregated by landline calls (1665), mobile phone calls (3133), mobile text messages (432), social platform (social networks, mobile application and website) (61);
•The Azerbaijan Children’s Hotline received calls from the capital Baku, all cities and regions of the country, as well as from Germany, Turkey, Russia and Sweden. Incoming calls were related to psychological (822), educational (1471), social (501), legal (1036), health (606) and other (855) issues;
•Of the incoming calls, 765 were from girls and 560 from boys under the age of 18;
•Of the incoming calls in 2021, 3366 were new and 1925 were repeated;
•During 2021, the Azerbaijan Children’s Hotline received 414 calls related to violence.
Part II
Reply to paragraph 16 of the list of issues
•“Law of the Republic of Azerbaijan on protection of children from harmful information” approved by the Decree of the President of the Republic of Azerbaijan dated October 30, 2018;
•“Rules for the adoption of children deprived of parental care, including the adoption of children who are citizens of the Republic of Azerbaijan by foreigners and stateless persons” approved by the Decree of the President of the Republic of Azerbaijan No. 946 of February 27, 2020;
•“Rules on admission of children to social service institutions established by the state and municipalities, their departure from these institutions, organization of services in orphanages, as well as supplies and living conditions of children in orphanages” approved by the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 112 dated April 26, 2021;
•“Rules on admission of children to family-type small group houses established by the state and municipalities, their departure from group houses, organization of services in group houses, as well as supplies and living conditions of children in group houses” approved by the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 111 dated April 26, 2021;
•“Azerbaijan 2030: National Priorities for Socio-Economic Development” approved by the Decree No. 2469 of the President of the Republic of Azerbaijan dated February 2, 2021;
•The draft “National Strategy for the Development of Social Services in the Republic of Azerbaijan in 2022–2028” (National Strategy) was prepared and submitted to the Cabinet of Ministers of the Republic of Azerbaijan;
•“State Program on Ensuring Food Safety in the Republic of Azerbaijan for 2019–2025” approved by the Decree No. 1143 of the President of the Republic of Azerbaijan dated April 29, 2019;
•“2020–2025 Action Plan for the Implementation of the Strategy for Children” approved by the Decree No. 2306 of the President of the Republic of Azerbaijan dated November 27, 2020;
•Draft new technical regulatory legal acts – “Sanitary norms and rules for complementary foods for infants and young children” and “Sanitary norms and rules for food formulas for infants and young children”;
•Draft Resolution of the Cabinet of Ministers of the Republic of Azerbaijan “On Amendments to the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 103 of March 9, 1994 ‘On application of food norms of citizens in educational institutions, hospitals and other public social institutions’”;
•Amendments of March 5, 2019, to the Law of the Republic of Azerbaijan “On Youth Policy” adopted on April 9, 2002;
•“State Program on Development of Official Statistics in the Republic of Azerbaijan in 2018–2025” approved by the Decree No. 3672 of the President of the Republic of Azerbaijan dated February 14, 2018;
•Decree of the President of the Republic of Azerbaijan No. 393 dated December 10, 2018 “On measures to improve the governance in the field of adoption”.
224.While in 2016, there were 10 Youth Houses under the Ministry of Youth and Sport, by the end of 2021, it stood at 22. Currently, 8 more Youth Houses are in the process of documentation and staffing.
225.The Social Services Agency was established under the MLSPP by the Decree of the President of the Republic of Azerbaijan No. 912 dated December 30, 2019 “On additional measures to improve governance in the field of social protection”.
226.Budget expenditures for social procurement orders for 2021 increased by 47%.
227.To protect the rights of children and further increase the effectiveness of social measures in relation to them, the following documents were prepared in 2021:
•Draft Child Code of the Republic of Azerbaijan;
•Draft Criteria for monitoring the ensuring of the rights of the child in all areas;
•Draft Rules for the detection of children in vulnerable situations and the implementation of social protection measures in relation to them;
•Draft Rules for ensuring secure access to education, social and other services for children during emergencies, pandemics, and similar special situations;
•Draft Rules for judges, as well as prosecutors, police, and other law enforcement officers on treatment of juveniles;
•Draft Resolution of the Cabinet of Ministers on Amendments to the “Rules for Provision of Services to Juveniles in Specialized Social Rehabilitation Institutions for Juveniles”.
228.“State Program on Compulsory Medical Examination of Children for 2018–2022” approved by the Decree No. 393 of the President of the Republic of Azerbaijan dated August 9, 2018:
•“Strategy of the Republic of Azerbaijan on Children for 2020–2030” approved by the Decree No. 2073 of the President of the Republic of Azerbaijan dated June 2, 2020;
•“2020–2025 Action Plan for the implementation of the Strategy for Children” approved by the Decree No. 2306 of the President of the Republic of Azerbaijan dated November 27, 2020;
•“National Action Plan for Early Prevention and Treatment of Childhood Disabilities for 2018–2020” approved by the Decree No. 64 of the President of the Republic of Azerbaijan dated May 10, 2018;
•12.0 million AZN in 2018, 12.0 million AZN in 2019, 12.0 million AZN in 2020, 12.0 million AZN in 2021 were allocated for expenditures on the financing of the “Program of Action for hemophilia for 2016–2020”;
•11.0 million AZN in 2018, 12.0 million AZN, in 2019, 14.0 million AZN in 2020, 22.0 million AZN in 2021 were allocated for expenditures on the financing of the “State Program on Combating Thalassemia for 2015–2020”;
•4.5 million AZN in 2018, 4.5 million AZN in 2019, 4.5 million AZN in 2020 million AZN, 4.5 million AZN in 2021 were allocated for expenditures on the financing of the “State Program on compulsory medical examination of children for 2018–2022”;
•159.7 million AZN was allocated in 2021 for expenditures on the financing of measures to expand the scope of paid public works, improve the organization mechanism and increase efficiency thereof with a view to expanding the employment opportunities of the unemployed as part of the implementation of paragraph 3.13 of the “Action Plan for 2020–2025 on the implementation of the Employment Strategy”.
229.It has been decided to accede to the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, adopted by the Hague Conference on Private International Law on 23 November 2007, and the necessary domestic measures are being taken.
230.On October 31, 2019, the President of the Republic of Azerbaijan signed the Law of the Republic of Azerbaijan on the ratification of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.
Part III
Reply to paragraph 17 of the list of issues
231.In the Education Section of the functional classification of the budget expenditures, 1,963.4 million AZN was envisaged in 2018, 2,195.7 million AZN in 2019, 2,774.3 million AZN in 2020, and 3,277.7 million AZN in 2021, with a view to realizing the following goals: enable children of preschool age to study at preschool education institutions and children of school readiness age to receive school readiness education; prepare students of general education program for life and higher education, increase their knowledge; develop self-care skills of children with disabilities in the country, prepare them for work and family life, ensure their adaptation to society; help children deprived of parental care in public boarding schools and children facing this risk to acquire education and training skills and build their own future; identify interests, inclinations and abilities of children, adolescents and youth, and support their creativity, leisure time and physical development.
232.For the area of culture, art, information, physical training, youth policy and other similar areas of activity, 279.6 million AZN was allocated from the state budget in 2018, 335.8 million AZN in 2019, 342.0 million AZN in 2020 418.2 million AZN in 2021.
233.Over the past three years, for the expenditures on maintaining kindergartens, the following allocations were envisaged in the state budget: Ministry of Internal Affairs – 2.1 million AZN in 2019, 2.4 million AZN in 2020, 2.6 million AZN in 2021; Ministry of Defense – 2.3 million AZN in 2019, 1.9 million AZN in 2020, 2.3 million AZN in 2021; State Border Service – 0.4 million AZN in 2019, 0.5 million AZN in 2020, 0.5 million AZN in 2021.
Reply to paragraph 18 of the list of issues
234.The number of minors announced missing or searched for various reasons were 135 in 2018 (127 found, 8 remaining), 135 in 2019 (129 found, 6 remaining), 105 in 2020 (102 found, 3 remaining), and 112 during the 11 months of 2021 (107 found, 5 remaining).
235.The number of suicides committed by juveniles was 27 in 2018, 32 in 2019, 25 in 2020 and 12 in eleven months of 2021.
236.The number of crimes related to violence against children was 192 in 2018, 196 in 2019, 170 in 2020, and 148 in the eleven months of 2021.
237.8 children (4 girls, 4 boys) in 2019, 4 children (boys), in 2020, 9 children (6 girls, 3 boys) in 2021 were infected with HIV.
238.The Resolution of the Cabinet of Ministers of the Republic of Azerbaijan dated June 23, 2020 approved the “Rule for raising awareness of young people about the importance of family and marriage, and the negative consequences of early marriage and consanguine marriage in order to protect and strengthen it”.
239.The number of state-registered marriages of persons whose marriage age was reduced by 1 year was 365 in 2019, 144 in 2020 and 122 as of December 1, 2021.
240.61 young people in 2020 and 256 young people by December 1, 2021, who were at the age of early marriage (under 18), who applied for registration of marriage by the registration offices of the Ministry of Justice, were informed about the adverse impact of early marriage and consanguine marriage on the life and health, the quality of life, and moral-psychological development.
241.The number of marriages of the persons, who were in civil union, that got officially registered was 1,483 in 2018, 1,395 in 2019, 981 in 2020 and 828 as of December 1, 2021.
242.Over the last three years, 2 stateless children were granted temporary residence permit.
243.State Migration Service (SMS) granted temporary permits to reside in the territory of Republic of Azerbaijan to 6,524 foreign children in 2018, 6,484 in 2020 and 4,875 in first ten months of 2021; and permanent residence permits to 234 foreign children in 2018, 169 in 2019, 117 in 2020, and 98 in first ten months of 2021.
244.As of now, a total of 75 people, including 45 applicants and their families, are registered with the SMS as refugees. Of the 75 people, 15 are children under the age of 18, and the rest are over the age of 18:
“Of the refugee children under the age of 18, four are studying in kindergartens, five in high schools, two have graduated from high schools and are currently preparing for admission to higher education institutions, and the remaining 4 children are infants.”
245.As a result of measures taken by the State Migration Service to document stateless persons, 13 stateless children were granted citizenship of the Republic of Azerbaijan in 2018–2021 by the relevant Decrees of the President of the Republic of Azerbaijan. Specifically:
•3 persons in 2018 (female);
•4 persons in 2019 (3 male, 1 female);
•1 person in 2020 (male);
•In 2021, five stateless children (2 male, 3 female) were granted citizenship of the Republic of Azerbaijan.
246.Within the framework of readmission agreements signed by the Republic of Azerbaijan, a total of 436 minors were readmitted to the country from 2018 to first eleven months of 2021. Specifically, 133 minors were readmitted to our country in 2018, 149 in 2019, 41 minors in 2020, and 113 in 11 months of 2021.
247.Police detected 18 children working in the streets in 2018, 29 in 2019 and 19 in 2020.
248.The current legislation provides for the provision of targeted state social assistance (TSA) to low-income families to ensure their social protection. According to statistics, in 2020, 76,826 low-income families with a total of 322,000 members were assigned TSA, of which 173,763 (54%) were children under 18 years of age. In 2021, 44,800 low-income families with a total of 192,500 members were assigned TSA, of which 103,950 (54%) were children under 18 years of age.
Reply to paragraph 19 of the list of issues
249.The number of children living apart from their families was 108 in 2018, 300 in 2019, 161 in 2020 and 273 in 2021.
250.There are 17 state social service institutions for children deprived of parental care in the country. 6 of them are subordinate to the Ministry of Education, 3 to the Ministry of Health, 2 to the MLSPP, and 6 to local executive authorities.
251.The number of children in the social service institution for children with disabilities No. 1 under the MLSPP is 140 (85 boys, 55 girls), and the number of children in the social service institution for children with disabilities No. 2 is 149 (97 boys, 52 girls).
252.In 2018, 332 children, in 2019, 513 children, in 2020, 460 children, in 2021, 455 children were given to foster families.
253.During 2018–2021, 1691 children (1033 boys, 658 girls) were registered in the MLSPP’s “Children deprived of parental care, and Adoption” subsystem. 105 of them (49 boys, 56 girls) received the status of adoptable children.
254.Since November 1, 2019, MLSPP ensured adoption of 146 children (72 boys, 74 girls) by the citizens of the Republic of Azerbaijan. Since the transfer of relevant powers to the MLSPP, no children have been adopted by foreigners or stateless persons.
Reply to paragraph 20 of the list of issues
255.The answer to the question is shown in Annex 1.
Reply to paragraph 21 of the list of issues
•In 2018, for crimes committed by children, the investigation of which was completed, 471 juveniles (104 at the age of 14–15, 367 at the age of 16–17, including 11 girls);
•In 2019, for crimes committed by children, the investigation of which was completed, 387 juveniles (95 at the age of 14–15, 292 at the age of 16–17, including 9 girls);
•In 2020, for crimes committed by children, the investigation of which was completed, 388 juveniles (94 at the age of 14–15, 294 at the age of 16–17, including 12 girls);
•During 11 months of 2021, for crimes committed by children, the investigation of which was completed, 297 juveniles (64 at the age of 14–15, 233 at the age of 16–17, including 11 girls) were prosecuted.
256.Juveniles serving sentences in penitentiary institutions and the term of their sentences: 46 persons in 2018 (sentence of up to two years – 9 persons, sentence of two to seven years – 26 persons, sentence of seven to twelve years – 11 persons); 32 persons in 2019 (sentence of up to two years – 5 persons, sentence of two to seven years – 19 persons, from seven to twelve years – 8 persons); 22 persons in 2020 (sentence of up to two years – 2 persons, sentence of two to seven years – 13 persons, seven to twelve years – 7 persons); 24 persons in 2021 (sentence of up to two years of imprisonment – 1 person, two to seven years of imprisonment – 7 persons, seven to twelve years – 16 persons).
257.The number of juveniles remanded in custody was 53 in 2018, 49 in 2019, 44 in 2020 and 67 in eleven months of 2021. The number of juveniles under pre-trial police control was 69 in 2018, 40 in 2019, 54 in 2020, and 34 in eleven months of 2021.
258.The number of juveniles in pre-trial detention was 25 in 2018, 26 in 2019, 26 in 2020 and 25 in 2021.
259.Criminal law does not allow children deprived of liberty to serve their sentences with adults.
260.301 persons were convicted in 2018, 288 in 2019, 207 in 2020, and 144 during the last six months of 2021 (940 persons in total).
261.From 2018 to 2021 (the last six months of 2021), 251 persons were sentenced to imprisonment for a certain period, 109 were fined, 27 were assigned to correctional labor, 9 to community service, 251 to suspended sentence, 293 to restriction of liberty.
Reply to paragraph 22 of the list of issues
262.As a national priority for Azerbaijan under the Sustainable Development Goals, a number of goals have been selected and are being implemented, such as protection of children’s rights and health, quality early childhood development, care and access to pre-school education.
Reply to paragraph 23 of the list of issues
263.The subsistence minimum was set at 196 AZN in 2021, which is 26% more than the approved subsistence minimum for 2017:
•Although the poverty rate fell to 4.8% in 2019, it rose to 6.2% in 2020 during the Coronavirus pandemic;
•The amount of the so-called need criterion, which is applied in the calculation of targeted social assistance ensuring social protection of low-income families, was set at 170 AZN in 2021, which amounts to 86.7% of the subsistence minimum;
•According to the Decree of the President of the Republic of Azerbaijan No. 640 of April 15, 2019 “On Amendments to the Decree of the President of the Republic of Azerbaijan No. 973 of August 29, 2013 ‘On increasing the amount of social benefits’“, as of April 1, 2019, the allowance of under-18 children with disabilities rose from 82 to 150 AZN; allowance for the loss of the head of the family (for each person) from 68 to 80 AZN; allowance for guardians (custodians) of orphans and children deprived of parental care from 61 to 100 AZN; allowance for children of active-duty military personnel (for each child) from 68 to 100 AZN; and childbirth allowance from 109 to 200 AZN;
•A child adopted after January 1, 2021, as well as a child with disabilities under 18 years of age, is entitled to the respective allowance (160 AZN, 480 AZN) until the end of the month in which they reach 18 years of age. According to the Decree of the President of the Republic of Azerbaijan No. 1496 of December 20, 2021 “On Amendments to the Decree of the President of the Republic of Azerbaijan No. 973 of August 29, 2013 ‘On increasing the amount of social benefits’“, as of January 1, 2022, the respective amounts rose from 160 to 200 AZN, and from 480 to 600 AZN;
•See also Annex 1.
Reply to paragraph 24 of the list of issues
264.The following activities are prioritized to ensure the rights of the child in the country:
•Early marriage;
•Child labor;
•Children’s avoidance of education;
•Protection from harmful information;
•Online safety;
•Children’s participation;
•Violence;
•Parental responsibility;
•Paternity leave;
•Promoting fatherhood.