Second and third joint periodic report by the Republic of Azerbaijan




НазваниеSecond and third joint periodic report by the Republic of Azerbaijan
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AZERBAIJAN NGO ALLIANCE

FOR CHILDREN’S RIGHTS


Alternative NGO Report


To the United Nations Committee on the Rights of the Child


In relation to the examination of the

second and third joint periodic report by the Republic of Azerbaijan


on the implementation of the UN Convention on the Rights of the

Child and Concluding Observations of the UN Committee

on the Rights of the Child of 1997


June 2005


Background and Acknowledgment


The current report assesses the situation of children and the implementation of the UN Convention on the Rights of the Child in the Republic of Azerbaijan covering the period 1998-2005. It also identifies the changes that occurred since 1997, when the Concluding Observations of the United Nations Committee on the Rights of the Child were adopted, following examination of the Initial Report from the Republic of Azerbaijan on the implementation of the UN Convention on the Rights of the Child (CRC).


The report was prepared by the Azerbaijan NGO Alliance for Children’s Rights, which is an umbrella agency of 60 NGOs and children and youth groups working throughout the country for the improvement of children’s welfare, and promoting and protecting children’s rights.


The information in the present report is primarily based on the practical experience of the Alliance members and on the data collected through research, monitoring, study visits, interviews, surveys with children, parents, community members, prison staff, police officers, lawyers, teachers and representatives of the Commissions on Minors’ Affairs and Protection of the Rights. Information was used from reports and interviews with NGOs from different regions of Azerbaijan, interviews with children (including children in state residential institutions). Information from teachers, defence lawyers, international organizations and governmental officials was also used (see references еlsewhere).


We would like to thank all members of the Azerbaijan NGO Alliance for Children’s Rights, legal professionals, state agencies, prison staff, police officers, teachers, children and young people, representatives of the Commission on Minors’ Affairs and the Protection of the Rights of the Child and many others who cooperated in collecting information and discussing the report. We would also like to thank the government agencies, namely the Ministry of Internal Affairs, the Ministry of Justice, the Ministry of Education, the Ministry of Youth, Sport and Tourism and the Baku Head Police Department for their openness and all other governmental agencies, which also agreed to meet with us regarding the implementation of the Convention on the Rights of the Child in the Republic of Azerbaijan.


We would like to express our gratitude to the Canadian International Development Agency (Canadian Embassy in Turkey), UNICEF, World Vision and Save the Children, for helping the Azerbaijan NGO Alliance for Children’s Rights to prepare this important report which was the first of its kind on the situation of children in Azerbaijan. We would like to express our special thanks to the OSCE office in Baku and the British Embassy in Azerbaijan who kindly funded a research study on the situation of the juvenile justice system in Azerbaijan. We also extend our thanks to everybody else who provided comments and committed their time to helping with the editing of the report.


Our special thanks to Save the Children Azerbaijan and especially to Ms.Ishhad Duncan and Mr.Dadash Akhmedov for the editing of this report.


© Reliable Future Youth Organization, Azerbaijan NGO Alliance for Children’s Rights, 2005

Printed in Azerbaijan Republic


All rights reserved. Any part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording or otherwise, without any written permission from copyright holder and publisher. However, the reference to the source must be given at all times.


To: UN Committee on the Rights of the Child


Palais des Nations CH-1211 Genève, 10 Switzerland;

Tel.: (41-22) 917-9301, (41-22) 917-1234, Fax: (41-22) 917-0118.


The NGO Alternative Report to the UN Committee on the Rights of the Child on the situation

of children and to the second and third joint Periodic State Party Report on implementation

of the UN Convention on the Rights of the Child between 1998 and 2005 and the

Concluding Observations of the UN Committee on the Rights of the Child

of 1997 by the Republic of Azerbaijan
15 June 2005


Dear Sirs,


Azerbaijan NGO Alliance for Children’s Rights is pleased to submit the NGO Alternative Report on the situation of children in the Republic of Azerbaijan. This report was prepared based on Article 45(a) of the UN Convention on the Rights of the Child. The report also includes our review of the second and third joint Periodic State Party Report on the implementation of the UN Convention on the Rights of the Child covering the period 1998-2005, and the Concluding Observations of the UN Committee on the Rights of the Child of 1997.

We would like to note that along with the commentary on certain points in the State party report, the NGO Alternative report provides up-to-date information including recent developments and legislative initiatives for the period of 2004-2005 which are not covered by the State Party Report, since it was submitted in early 2004.

It is important to note that compared to the first alternative report, provided for the Initial State Party Report in 1997, this current report has been developed through the extensive and cooperative work of over 60 NGOs throughout Azerbaijan, over the period of 9 months. This shows a growing attention and interest of the Azeri society and NGOs to the problems of children and also to the increased application of UN conventions for advocacy and lobbying for children’s rights and solutions to their problems.

We would like to confirm that the Alternative Report can be freely disseminated and shared with the public in electronic and printed formats. The experts of the UN Committee on the Rights of the Child may make reference to it, whilst discussing and debating with representatives of the Azerbaijan government delegation. This Alternative Report has been published in Azerbaijan in Azeri/English and distributed widely amongst interested organizations and general public.

Representatives of the Azerbaijan NGO Alliance for Children’s Rights will be available to take part at the pre-session meeting with experts of the UN Committee on the Rights of the Child in October 2005. The Azerbaijan NGO Alliance for Children’s Rights will initiate public debates and discussions on the State Party Report and widely distribute the Concluding Observations of the UN Committee on the Rights of the Child, which is expected to be available in January-February 2006.

The NGO Alternative Report includes special sections with Practical Recommendations to the State Party for improvement of the situation, particular areas of concern, and also the List of Issues that we hope will be helpful for experts of the UN Committee on the Rights of the Child in their discussions with the government delegation.

Due to the large amount of information sourced by NGOs from the 9 month research study, it was difficult to follow the requirements regarding the size of the Alternative Report as mentioned in the special Guide for NGOs prepared by the NGO Group for the CRC. Attempts were made to reduce the content of several sections of the NGO Alternative Report in order to stress the most important issues, which have been jointly selected as emerging problems by all members of the Azerbaijan NGO Alliance for Children’s Rights.

In reference to the NGO Alternative report, we would like to bring the following emerging issues to your attention, which we believe need urgent intervention by the State Party: a) children with disabilities; b) children in conflict with the law; c) refugee and IDP children; d) children in the health system and e) children in state residential institutions. Another important point we would like to emphasise on, is the importance of the establishment of The Ombudsman for Children’s Rights in Azerbaijan, in order to protect the rights of more than 2.5 million children and also, the establishment of a State Committee for Children & Family issues, which would be able to coordinate and implement state policies on children in a more effective manner.

The Children’s Aternative Report is also included for your consideration and reference. It was put together through the organization of a number of Children’s Forums, held in 15 regions of Azerbaijan. This report has also been published and widely distributed in Azerbaijan.


We sincerely hope that this report will play its part in the improvement of the situation with children and assist in further implementation of UN Convention on The Rights of The Child in Azerbaijan.


Yours sincerely

on behalf of Azerbaijan NGO Alliance for Children’s Rights,


Dr. Nabil Seyidov

National Coordinator of the Azerbaijan NGO Alliance for Children’s Rights

General Secretary of NGO/UNICEF Regional Network for Children in CEE/CIS & Baltic States


Table of Contents



Ж. Ушаьын Йашамаг, Хилас Олмаг вя Инкишаф Етмяк Щцгугу 78 8

Ф. Ушаьын Йеринин Ганунсуз Дяйишдирилмяси вя Гайтарылмасы 99 8

Ж. Ушаглар цчцн Сосиал Тящлцкясизлик Хидмятляри вя диэяр имканлар (Маддя 26 вя 18) 102 8

ВЫЫ. ТЯЩСИЛ, АСУДЯ ВАХТ ВЯ МЯДЯНИЙЙЯТ ФЯАЛИЙЙЯТЛЯРИ 103 8

ВЫЫЫ. ХЦСУСИ МЦДАФИЯ ТЯДБИРЛЯРИ 111 9

EXECUTIVE SUMMARY 10

I. GENERAL IMPLEMENTATION MEASURES (Articles 4, 42 and Point 6 of the Article 44) 10

The Need for a specialized Ombudsman for the Protection of the Rights of Children and the Need for a specialized State Committee on Children’s and Family Issues to deal with implementation of National Plan of Actions and Policies related to children: 13

II. DEFINITION OF THE CHILD 14

III. GENERAL PRINCIPLES 15

A. Non-discrimination 15

B. The Best Interests of the Child (Art. 3) 17

C. The Right of the Child to Life, Survival and Development 17

D. Respect for the Child’s Opinion 20

A. Name and Nationality (Art.7) 22

B. Preservation of Identity (Art. 8) 23

C. Freedom of Expression (Art. 13) 23

D. Freedom of Thought, Conscience and Religion (Art. 14) 24

E. The Freedom of Association and the Freedom of Peaceful Assembly (Art. 15) 24

F. Protection of Privacy (Art. 16) 25

G. Access to Appropriate Information (Art.17) 25

Juveniles’ access to appropriate information at all stages of the juvenile justice system: 26

H. The Right to be Protected against Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment (Art.37 (a)): 26

Children in Educational institutions: 27

V. THE FAMILY ENVIRONMENT AND ALTERNATIVE CARE (Art. 5, 9, 10, 11, 18, 20, 21, 25, 27.4, 39) 29

A. Parental Guidance (Art. 5) 29

B. The Parents’ Responsibilities (Art.18, par. 1-2) 30

C. Separation from the Parents (Art.9) 31

D. Family Reunification (Art.10) 32

E. Protection of Children without a Family (Art. 20) 33

F. Adoptions (Art. 21) 37

G. Periodic Review of Child Placement (Art. 25) 39

H. Protection from Abuse and Neglect (Art. 19), Including Physical and Psychological Recovery and Social Reintegration (Art. 39) 40

I. Illicit transfer and non-return of the child (Article 11) 43

VI. HEALTH AND WELFARE (Art. 6, 18 par. 3, 23, 24, 26, 27 par.1-3) 44

A. Children with Disabilities (Art. 23) 44

B. Health and Health Care Services (Art. 24) 46

C. Social Security Services and Other Facilities for Children (Art. 26 and 18, par. 3) 47

D. The Living Standard (Art. 27, par. 1-3) 47

Table 2. Diseases of mammary glands, 2004 47

VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES (Art. 28, 29, 31) 49

A. Education, Including Vocational Education 49

B. The Goals of Education 57

C. Leisure, Recreational and Cultural Activities 58

VIII. SPECIAL PROTECTION MEASURES 60

A. Children in Situations of Emergency 60

1. Refugee Children (Art. 22) 60

B. Children Included in the Juvenile Justice System 60

1. Delivering Justice to Juveniles (Art. 40) 60

2. Children Deprived of Liberty, as well as any Form of Arrest, Detention or Imprisonment (Art. 37 (b)-(d)) 66

3. The Recovery and Social Reintegration of the Child (Art. 39) 68

C. Children in Situations of Exploitation 72

1. Economic Exploitation of the Child, and of Child Labour (Art. 32) 72

2. Sexual Exploitation and Sexual Abuse 73

3. Sales, Trafficking and Abduction 76

D. Children of the Minorities and of Other Indigenous Populations 79

The Situation of children in Nagorno-Karabakh and 7 surrounding regions and territories of Azerbaijan, occupied by Armenia: 79

Prisoners of War, Hostages and Missing People, including Children 82

THAT HAVE CONTRIBUTED TO THE REPORT 83

LIST OF INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS 84

THAT HAVE CONTRIBUTED TO THE REPORT 84

УШАГ ЩЦГУГЛАРЫ ЦЗРЯ 85

АЗЯРБАЙЪАН ГЩТ АЛЙАНСЫ 85

Азярбайъанда Ушагларын Вязиййятиня вя Азярбайъан тяряфиндян БМТ-нин Ушаг Щцгуглары Конвенсийасы вя БМТ-нин Ушаг Щцгуглары Комитясинин 1997-ъи илдя тягдим етдийи Йекун Тювсиййялярин иърасына даир Алтернатив ГЩТ Щесабаты 85

Эириш 86

Ж. Ушаьын Йашамаг, Хилас Олмаг вя Инкишаф Етмяк Щцгугу 94

Ф. Ушаьын Йеринин Ганунсуз Дяйишдирилмяси вя Гайтарылмасы 122

Жядвял 1. Ялил ушаглар цчцн олан мяктябляр вя бу мяктяблярдя тярбийя едилян ушагларын сайы, 2004-жц ил 123

Жядвял 2. Сцд вязинин хястяликляри, 2004-жц ил 125

Ж. Ушаглар цчцн Сосиал Тящлцкясизлик Хидмятляри вя диэяр имканлар (Маддя 26 вя 18) 126

ВЫЫ. ТЯЩСИЛ, АСУДЯ ВАХТ ВЯ МЯДЯНИЙЙЯТ ФЯАЛИЙЙЯТЛЯРИ 128

Жядвял 5: Мядяниййят Назирлийи няздиндяки Ушаг Китабханаларынын сайы 133

Жядвял 6: Ижтимаи китабханаларын иш эюстярижиляри 134

Жядвял 8. Ижтимаи китабханалар 134

ВЫЫЫ. ХЦСУСИ МЦДАФИЯ ТЯДБИРЛЯРИ 138


МЦНДЯРИЖАТ


Эириш 72

I. ЦМУМИ ИЖРА ТЯДБИРЛЯРИ (4-жц, 42-жи маддяляр вя 44-жц маддянин 6-жы бянди) 72

А) Иштиракчы дювлятдя Конвенсийа гцввяйя миндикдян сонра 2 ил ярзиндя 73

Б) Сонракы щяр 5 илдян бир 73

Вятяндаш Жямиййяти вя ГЩТ-лярин Ролу 74

Ушаг щцгугларынын мцдафияси цзря ихтисаслашмыш омбудсманын йарадылмасы зяруряти 75

II. УШАГ АНЛАЙЫШЫ 76

III. ЦМУМИ ПРИНСИПЛЯР 77

А. Айры-сечкилийя йол верилмяси 77

Б. Ушаьын Ян Йахшы Мараглары (Маддя 3) 78
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