Committee on the Rights of Persons with Disabilities
Information received from Azerbaijan on follow‑up to the concluding observations on its combined second and third periodic reports *
[Date received: 3 June 2024]
I.Introduction
1.As the delegation of the Republic of Azerbaijan, we would like to express our concerns about the CRPD Committee’s Final Concluding observations. While we welcome the publication of the document, we are concerned that several points raised in the observations, on which our comments and information were submitted, have not been taken into account.
2.We would like to bring key areas of concern to the Committee’s attention hoping that they will be taken into consideration and relevant amendments will be made.
3.If the responses below do not fully address your recommendations and areas of concern, we kindly ask the Committee to provide more detailed information and evidence to support the raised issues. This will assist in preventing unsubstantiated statements in the document and facilitate our continuous work on putting the CRPD effectively into practice.
4.We believe that the comments provided hereby will be of help and extend our gratitude for addressing our concerns. We look forward to working closely and productively with the Committee in the future.
II.Comments of Azerbaijan to the adopted Concluding observations related to the combined second and third periodic reports of Azerbaijan
Follow-up information relating to paragraph 11 (a) of the concluding observations (CRPD/C/AZE/CO/2-3)
5.As per Article 1.0.3 of the Law “On the Rights of Persons with Disabilities”, discrimination based on disability refers to any differentiation, exclusion, or limitation on the grounds of disability, including refusal of reasonable accommodation. Additionally, Article 4.2 of the law prohibits and penalizes discrimination against persons with disabilities under the terms established by law. Furthermore, Article 21.3 of the law prohibits discrimination against persons with disabilities in any form, including restrictions on their right to work by collective and labor contracts or in relation to other employees. Please provide additional information if this prohibition is not explicit.
Follow-up information relating to paragraph 11 (b) of the concluding observations
6.There is a special regulation on reasonable accommodation for persons with disabilities adopted in 2021 (the resolution (No.340) of the Cabinet of Ministers on reasonable accommodation of the infrastructure facilities for use by persons with disabilities) which covers all areas of life for reasonable accommodation and the denial of reasonable accommodation is considered a discrimination. It is important to note that the implementation of reasonable accommodation has already started. A special program for reasonable accommodation has been established within the “Labor and Employment” electronic system. Through this program, it is possible to receive all requests for reasonable accommodation and track their execution from a single platform. At the same time, the application of this electronic system supports the equal participation of persons with disabilities in public life and the labor market.
Follow-up information relating to paragraph 19 (d) of the concluding observations
7.There is a new mobile application called Azparking that enables millions of people in Azerbaijan to find parking easily. The app is user-friendly and accessible to everyone, including persons with disabilities. It eliminates the need for parking payment devices and all users need to do is download the “Azparking” mobile application and activate the location on their phone. The mobile application provides information on the location on the map, parking time, duration, payment options and other functionalities. It promptly displays the number of available parking spaces, including those designated for person with disabilities, in existing parking lots. Additionally, it shows the distance from the area where the car is located, and the price index by zone. Along with the production of this service all parking slots are marked with specific signs, both on the ground and along the road.
Follow-up information relating to paragraph 21 of the concluding observations
8.To prevent and control major NCDs, the state has launched Programs for Prevention, control and treatment of Diabetes, Chronic Kidney Disease, Multiple sclerosis over the last decade. These programs focus on strengthening infrastructure, developing human resources, promoting health, early diagnosis, management and referral. Enacted in December 2015 by the President of Azerbaijan, the “National Strategy of Azerbaijan Republic on Prevention and Control of Non-Communicable Diseases 2015-2020” is another measure taken in the country. The National NCD Strategy, which is based on the “European Strategy on NCDs Prevention and Control” and the “Action Plan of Global Strategy on NCDs Prevention and Control,” aims to reduce the number of premature deaths, improve the quality of life by lowering the burden of NCDs, extending life expectancy, and increasing the labor force and economic potential of the area. In December 2017, the President of Azerbaijan approved the new Law on “Restriction of Tobacco Use” as part of ongoing efforts to reduce risk factors. The Law covers a range of tobacco control measures, including the creation of smoke-free public places and a ban on tobacco advertising, promotion and sponsorship, and others.
Follow-up information relating to paragraph 26 (a) of the concluding observations
9.In this Para, the Committee among the persons with disabilities affected by armed conflict lists different broad categories such as women and children, internally displaced persons, and makes a particular emphasis on persons with disabilities “of ethnic Armenian origin”.Singling outpersons with disabilities of ethnic Armenian originis unjustified and discriminatory towards other ethnic groups. Therefore, the expression “and those of ethnic Armenian origin” should be deleted.
Follow-up information relating to paragraph 26 (c) of the concluding observations
10.Use of falsified names, such as“ Nagorno-Karabakh ” is understood to be undermining the sovereignty and territorial integrity of the Republic of Azerbaijan in contravention to the UN Charter. Azerbaijan has repeatedly called to use only official geographictoponymswhilereferringtotheterritoriesoftheRepublicofAzerbaijan,the listofwhichhasbeensubmittedto the UN Group of Experts onGeographicNames by the Government of the Republic of Azerbaijan through its national report (GEGN.2/2023/CRP.140).Anygeographicnameusedwithregardtotheterritoryofthe Republic of Azerbaijan other than the one officially adopted by the competent state authority is unacceptable.
Follow-up information relating to paragraph 35 (a) of the concluding observations
11.This kind of concern requires the provision of facts and evidence. Institutions do not use these procedures, as was mentioned during the CRPD meeting.
Follow-up information relating toparagraph 45 of the concluding observations
12.The state budget pays for the provision of 57 different types of assistive devices, such as electric wheelchairs and high-tech prostheses, to people with disabilities, as was stated during the recent debates.
13.A project on the classification of assistive device types provided to individuals with disabilities at state-funded expense and the expansion of the assistive device list was prepared under the auspices of collaboration with the MLSPP and WHO. The project is currently under negotiation. In the project, the number of assistive devices is supposed to be increased from 57 to 81 types.
14.Mobile services are provided by the medical-technical specialists of the Prosthesis-Orthopedic Rehabilitation Center under the MLSPP for the purpose of providing assistive devices to persons with disabilities at their place of residence. Persons with disabilities are informed about the care and maintenance instructions of assistive devices by the center’s specialists.
Follow-up information relating to paragraph 47 (d) of the concluding observations
15.Use of falsified names, such as “Nagorno-Karabakh” is understood to be undermining the sovereignty and territorial integrity of the Republic of Azerbaijan in contravention to the UN Charter. Azerbaijan has repeatedly called to use only official geographic toponyms while referring to the territories of the Republic of Azerbaijan, the list of which has been submitted to the UN Group of Experts on Geographic Names by the Government of the Republic of Azerbaijan through its national report (GEGN.2/2023/CRP.140). Any geographic name used with regard to the territory of the Republic of Azerbaijan other than the one officially adopted by the competent state authority is unacceptable.
Follow-up information relating to paragraph 52 (b) of the concluding observations
16.In 2020, the legislation (paragraph 7 of the “List of Diseases Prohibiting Adoption, Guardianship, and Custody,” (Resolution No. 141) of the Cabinet of Ministers was repelled) was amended to remove disability-related adoption restrictions. The change was made to eliminate discrimination against persons with disabilities. Currently, there are no restrictions on adoption by persons with disabilities. https://e-qanun.az/framework/415.
Follow-up information relating to paragraph 53 (a) of the concluding observations
17.According to the Law of the Republic of Azerbaijan on General Education (Article1.0.21) inclusive education involves the integration of children with disabilities into the same classes as their typically developing peers. This is facilitated by special instruction and the creation of tailored conditions within general educational schools.In the 2023/2024 academic year, 220 children with disabilities were enrolled in the same classes as their peers in 40 inclusive schools. Additionally, for the 2024/2025 academic year, there are plans to implement inclusive education in an additional 28 general education schools. Moreover, the country operates special educational institutions for children with disabilities, special classes within general educational schools, and rehabilitation centers. The variety of schooling models for people with disabilities must be considered as a strength of the system. It is also important to highlight that other categories of inclusiveness (such as gender, Roma children, religion minorities and other) are already enshrined in Azerbaijani legislation.
Follow-up information relating to paragraph 53 (c) of the concluding observations
18.The list of diseases that make a child eligible for home education includes 100 diagnoses (not disabilities). Autism spectrum disorder is not specified in this list. Home education eligibility primarily depends on severe somatic diseases in children, such as chronic nephritic syndrome. In cases where autism, including Kanner’s syndrome and atypical autism, is accompanied by significant behavioral disorders requiring care and treatment, the child is enrolled in home education.
Follow-up information relating to paragraph 54 (a) of the concluding observations
19.To begin with, the name of the law is incorrect. The correct title is - The Law of the Republic of Azerbaijan on the Education of persons with limited health capabilities. Article 12 focuses on arranging inclusive education in mainstream educational facilities. Additionally, relevant articles have been incorporated into the Laws on Preschool Education, General Education, and Vocational Education to implement inclusive education within these educational frameworks. Furthermore, the government has approved the “Rule on the Organization of Inclusive Education.”.
Follow-up information relating to paragraph 55 (a) of the concluding observations
20.According to the Law “On Protection of Population’s Health”, women, including persons with disabilities, have the right to decide on their motherhood and the free choice of modern methods of preventing unwanted pregnancy for the purposes of family planning and protecting their health.
21.The right of women to pregnancy and maternity protection is exercised through medical examinations, dynamic observation and health improvement of women of reproductive age; medical treatment of common diseases that directly affect the reproductive health of women at all levels of medical care, from Primary Health Care services to Tertiary Services, as well as medical genetics and other consultations and examinations.
22.In the past year, modern medical equipment, devices, and tools have been purchased by the State Agency on Mandatory Health Insurance to improve the quality and efficiency of medical services provided to women and children.
23.The newly purchased medical equipment (modern ultrasound machines, three-dimensional (3D) ultrasonography machines, simple and electric gynecological examination tables, colposcopes, examination lamps, and portable lamps and other) are used for gynecological examinations and treatment of woman, pregnant women – as well as children in the perinatal, neonatal, and postneonatal periods – in medical facilities under the Administration of Regional Medical Divisions (TABIB).
24.These examination methods are used to detect intrauterine polyps, myomas, and masses. It is possible to detect many diseases with a gynecological ultrasound evaluation, which is covered under the mandatory health insurance. Gynecological ultrasonography examination involves examining the uterus, ovaries, cervix, uterine tubes, and small pelvis.
25.Last year, TABIB and the Ministry of Health developed and conducted a set of trainings based on reproductive health for healthcare professionals. These trainings (different topics) are conducted continuously. The Administration of the Regional Medical Divisions in cooperation with all appropriate stakeholders and nongovernmental organizations is planning to launch a training course to equip healthcare workers with the knowledge and skills to provide rights-based non-discriminatory family planning and gender-based violence response services to women and girls with disabilities and to strengthen staff’s communication skills with this group of population.
Follow-up information relating to paragraph 55 (c) of the concluding observations
26.The State Agency on Mandatory Health Insurance has contracts with more than 60private medical entities with the aim of improving access to medical services covered by the Benefit Package. The Benefit Package of mandatory health insurance covers 3315 medical services. These medical services are rendered in state healthcare facilities under the Administration of the Regional Medical Divisions (TABIB).If it is not possible to provide relevant medical services in state healthcare facilities subordinated to TABIB, a patient (including people with disabilities) is issued referral to healthcare provider contracted by the Agency. When patients apply to healthcare provider contracted by the Agency with a referral, they receive medical services covered by Benefit Package free of charge.
Follow-up information relating to paragraph 59 (c) of the concluding observations
27.See CRPD/C/AZE/2-3, para. 242.
Follow-up information relating to paragraph 60 (c) of the concluding observations
28.We would like to reiterate what was stated during the meeting in Geneva.The resolution (No. 340) of the Cabinet of Ministers on reasonable accommodation of the infrastructure facilities for use by persons with disabilities was adopted in 2021. It should be noted that the implementation of the reasonable accommodation has already started. A special software for the requests of reasonable accommodation has been established within the “Labor and Employment” electronic system. Through this system, it is possible to make all requests for reasonable accommodation and track their execution from a single platform. At the same time, the application of this electronic system supports the equal participation of persons with disabilities in public life and the labor market. https://e-qanun.az/framework/48503.
Follow-up information relating to paragraph 61 (a) of the concluding observations
29.We would like to reiterate what was stated during the meeting in Geneva.Due to the implementation of the regulation for establishing a unified electronic register on persons with disabilities, the electronic system for the register of persons with disabilities established in 2021 is an information system consisting of disaggregated information, as well as information concerning the coverage of social payments on disability. Extensive information (personal information, disability status, education, social protection measures, employment and other) on disability is collected in the register. The electronic register of persons with disabilities is integrated into various information systems and registers of different government bodies and institutions, as well as MLSPP’s electronic information system.
Follow-up information relating to paragraph 61 (b) of the concluding observations
30.There is no evidence to support this claim. If you have evidence, please provide it to us to prove the above mentioned statement.
31.In order to strengthen social protection of vulnerable groups of population, 4 social reform packages have been implemented in the last 5 years. As a result, the minimum disability pension has increased by 2.5 (from 110 manats to 280 manats) times, the average monthly pension has increased by 2 times (from 208 manats to 436 manats), social benefits and pension payments have increased 5-fold (form 400 mln manat to 1.9 mlrd manat). A total of 4 million people (including all persons with disabilities) is covered by these reforms and additional 7 billion manat is allocated annually from the budget.
Follow-up information relating to paragraph 69 (b) of the concluding observations
32.From 2023, the Human Rights Commissioner (Ombudsman) of Azerbaijan is performed an independent mechanism function to promote, protect and monitor the implementation of the UN Convention in accordance with the legislation.