Protection of the rights of the child
The Commissioner conducts its activities on child rights protection in accordance with the national legislative acts and the principles provided in the UN Convention on the Rights of the Child dated November 20, 1989 that Azerbaijan ratified in 1992.
According to the Constitutional Law of the Republic of Azerbaijan on the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan (hereinafter – Constitutional Law), the Commissioner shall implement the functions of the independent monitoring mechanism to monitor and promote the implementation of the Convention on the Rights of Persons with Disabilities and the Convention on the Rights of the Child, the ensuring of the right to equality, and the prevention of discrimination.
Pursuant to the Law on Child Rights of the Republic of Azerbaijan dated May 19, 1998, “in the Republic of Azerbaijan the relevant executive authority, court, prosecutor's office and other law enforcement agencies, the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan, municipalities, and also public associations and trade unions shall ensure protection of the rights of children. These bodies, associations and the organizations shall base the activities on the principle of the best interest of children. The Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan also implements the functions of the independent mechanism for monitoring and promotion of implementation of the Convention on the Rights of the Child.”.
Specifics of Implementing the Functions of Independent Monitoring Mechanism
The Commissioner shall implement the functions of the independent monitoring mechanism in accordance with Article 1.3-1 of this Constitutional Law, to monitor the situation in terms of promotion, protection and ensuring of child rights and freedoms, and to prevent violations.
In 2024 Monitoring Group on the implementation of the Convention on the Rights of the Child was established within the Commissioner's Office for the purpose of implementing the functions of the independent monitoring mechanism.
The Commissioner and the monitoring group shall have the following rights when implementing the functions of the independent monitoring mechanism:
- ●To conduct monitoring in state bodies, municipalities, and other institutions, to review necessary information (documents, materials) on-site and receive their copies;
- ●To demand necessary information (documents, materials), or their copies from state bodies, municipalities, and other institutions, and their officials, and to receive them within 5 working days;
- ● To document the results of the implemented monitoring;
- ● To provide recommendations related to the results of the monitoring to state bodies, municipalities, and other institutions, and their officials;
- ●To involve civil society institutions, independent experts, and specialists in the activities of the monitoring groups.
Facts of human rights violations revealed during the implementation of the functions of the independent monitoring mechanism shall be examined in accordance with Articles 12, 13, 13-1, and 15 of the Constitutional Law.
CHILD RIGHTS PROTECTION UNIT
In 2021 the Child Rights Protection Unit was established at the Commissioner’s Office, taking into account the main principles of state child policy of the Republic of Azerbaijan, as well as the recommendations of the UN Committee on the Rights of the Child for the purpose of effective organization of the activity in the field of child rights protection.
The Unit functions in collaboration with the Ombudsman’s Regional Centers so that along with the capital, rights of children living in regions are also ensured.
Directions of the Commissioner’s activity on child rights protection
The Commissioner functions on child rights protection in the following directions:
- ● handling complaints;
- ● conducting awareness-raising and promotional work;
- ● conducting monitoring;
- ● analysis of the legislation and the existing situation;
- ● providing recommendations.
The activity is conducted based on cooperation with state bodies, civil society organizations, human rights institutions of foreign countries, international organizations and on encouraging child participation, as well as on the principle of the best interest of children.
Child friendly version of the UN Convention on the Rights of the Child - leaflet
