The matter of an orphaned child is being watched by the Ombudsman

The matter of a three-year old girl, Khadija Shahnezerli (paternal name Royal), orphaned as a result of shelling of the Ganja city by Armenian armed forces, about whom a video has been shared through the social media, is under the attention of the Commisioner for Human Rights (Ombudsman)of the Republic of Azerbaijan.  

From the very beginning, at the initiative of the Ombudsman Sabina Aliyeva, Khadija was also involved into the psychological therapy for the traumatized families and children. During the therapy, the orphans and their next of kins were briefed about the procedures of guardianship in conformity with national laws.  

Khadija is currently living under the guardianship of her maternal grandparents, and her close relatives have applied to the to Guardianship and Trusteeship Committee for her official adoption. Khadija's paternal relatives applied for her guardianship as well.

At present, on the basis of the appeal of both families to the Committee of Kepez  District Executive Power of Ganja, relevant state bodies are sending inquiries to investigate the case. During the investigation, taking into account Khadija's psychological condition, the Committe on Guardianship considered her living under the guardianship of her grandmother Agayeva Sevinj (paternal name Bayram) appropriate. 

Article 136 (1) of the Family Code of Azerbaijan stipulates that guardianship and custody for children who have lost their parents are established fore the reason of their maintenance, upbringing, education, as well as protection of their rights and responsibilities. In accorance with Article 137 (2) of the same Code, when appointing a guardian (caretaker) for children, the moral and other aspects of the guardian (caretaker), his ability to perform the duties of guardianship (caretaking), his and his family's communication and relationship with the child, as well as the child's own wishes should be taken into account.

As regards to ensuring the best interests of the child, a guardian should be appointed the most suitable person in terms of child custody and protection. 

In this regard, we recommend that close relatives of Khadija's parents be patient and wait for the relevant decision of the Committee on Guardianship of Ganja, as well as to avoid conflicts that could damage Khadija's psychological health.