Protection of the rights of persons with disabilities

One of the main directions of the activity of the Azerbaijani Commissioner is the protection of the rights of persons with disabilities. 

Thus, the following actions are carried out by the Commissioner for the protection, ensuring, and promotion of the rights of persons with disabilities:

- Appeals received by persons with disabilities (proposals, applications and complaints) are investigated, relevant surveys, proposals and recommendations are prepared and sent to respective state bodies for possible solutions of their problems and their active integration into society;

- National legislative framework is analyzed from the perspective of provision of the rights of persons with disabilities, proposals are prepared for their development and bringing them into conformity with international treaties;

- Relevant work carried out for the fulfillment of functions of an independent mechanism for promotion and monitoring of the UN Convention on the Rights of Persons with Disabilities, drafting parallel reports on the implementation of commitments arising from that international treaty, promotion of implementation of recommendations on the report submitted by the state to relevant treaty body;

- Awareness-raising work is carried out for the protection of the rights of persons with disabilities, the importance of promoting a human rights-based social approach but not the medical approach to these persons from the perspective of proper understanding of disability in the society is promoted, close cooperation is built with relevant state bodies, civil society institutions, as well as with specialized NGOs and media, etc.

A specialized advisor on the rights of persons with disabilities of the Ombudsman was appointed with the relevant order of the Commissioner for the coordination of protection of the rights and freedoms of persons with disabilities and the work carried out in this sphere. 

In 2020 a special Unit on the Protection of the Rights of Persons with Disabilities was established at the Ombudsman Office.

The Commissioner conducted different events aimed at protection of rights of these persons, made important proposals to the relevant state bodies and kept under the control the implementation of these proposals. In most cases the issues highlighted in proposals were solved.

On 13 December 2006, the Convention on the Rights of Persons with Disabilities adopted by the UN General Assembly and its Optional Protocol was opened for signature of member states and entered into force on 3 May 2008. Under the law of the Republic of Azerbaijan from 2 October 2008, both documents were ratified with the relevant statement considering the proposals of the Commissioner as well and entered into force on 28 January 2009.

The first report of the Azerbaijani Government on the implementation of the commitments under the above-mentioned Convention was submitted to the Committee on the Rights of Persons with Disabilities in 2011 and the first parallel report of the Azerbaijani Commissioner was submitted in 2013. The Ombudsman Institution sends parallel reports to the Committee in the framework of the review of periodic reports of the state.

Independent monitoring mechanism

According to Article 33.2 of the CRPD, States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the Convention. When designating or establishing such a mechanism, are taken into account the principles relating to the status and functioning of national institutions for the protection and promotion of human rights.

According to the amendment made to the relevant Constitutional Law on 9 June 2023, the Ombudsman implements 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, ensuring of the right to equality, and the prevention of discrimination.

Article 13-3 of the Constitutional Law, is called Specifications for Implementing the Functions of Independent Monitoring Mechanism. This norm specifies that the Ombudsman Office establishes monitoring groups within its premises for the purpose of implementing the functions of the independent monitoring mechanism to promote, protect, and ensure human rights and freedoms, and prevent violations. 

The Ombudsman and the Monitoring Group 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 the necessary information (documents, materials) on-site and receive their copies;

- To demand necessary information (documents, materials), or their copies from the state bodies, municipalities, and other institutions, and their officials, and to receive them within 5 working days;

- To document the results of the 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 organizations, independent experts, and specialists in the activities of the monitoring groups.

This competence was also reflected in Article 38.4 added to the Law on the Rights of Persons with Disabilities in 2024.

To raise awareness of the new functions of an independent monitoring mechanism which were envisaged in the Constitutional Law, the Ombudsman Office developed an educational tool, as well as organized training and seminars for the representatives of relevant state bodies and civil society organizations acting in the field of protecting the rights of persons with disabilities.

In 2024, a monitoring group on the monitoring and promotion of the CRPD was established at the Ombudsman Office.