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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of November 19, 2009 No. 180

About approval of Rules of placement and content in shelters of the children who became the victims of human trafficking

For the purpose of ensuring execution of Item 8 "The actions plan in connection with implementation of the National Plan of Activities for fight against human trafficking (2009 - 2013)" "The national Plan of Activities for fight against human trafficking (2009 - 2013)", the President of the Azerbaijan Republic approved by the Order of February 6, 2009 133, the Cabinet of Ministers of the Azerbaijan Republic decides No.:

1. Approve "Rules of placement and content in shelters of the children who became the victims of human trafficking" it (is applied).

2. This resolution becomes effective from the date of signing.

 

Prime Minister

Azerbaijan Republic A.РАСИ-ЗАДЕ

Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of November 19, 2009 No. 180

Rules of placement and content in shelters of the children who became the victims of human trafficking

1. General provisions

These rules are prepared according to "The national Plan of Activities for fight against human trafficking (2009 - 2013)", the approved Order of the President of the Azerbaijan Republic of February 6, 2009 No. 133, and establish the mechanism of implementation of procedure for placement and content in shelters of the children who became the victims of human trafficking (further - children).

2. Bases of placement and content of children in shelters

2.1. Placement and content of children in shelters is performed based on the principles of voluntariness, confidentiality, individual approach, protection of interests of the victims, safety, equality, respect for the victims, emergency aid, free assistance.

2.2. In case of assistance to the child preference shall be given to its interests, all actions for protection of the rights and legitimate interests of the child according to the Law of the Azerbaijan Republic "About the child's rights", the Convention of the UN "About the child's rights", and also others of the law of the Azerbaijan Republic and international treaties which participant she is shall be performed.

2.3. All services and actions provided within shelter, first of all, are brought into accord with interests and needs of children.

2.4. In shelter no discrimination against children irrespective of whom they are is allowed

2.5. Data on situation of the children placed in shelter, their rights rendered to them services are provided in form, clear for children, taking into account their age, maturity level.

2.6. The information about each child placed in shelter and his parents is stored in confidentiality terms in stipulated by the legislation procedure for the Azerbaijan Republic.

2.7. In case of accommodation of the child in shelter participation of person protecting it the rights and interests shall be provided.

3. Accommodation of children in shelter

3.1. For the purpose of ensuring protection of children they accommodate in the shelter created for their temporary residence.

3.2. The head of shelter for the purpose of acceptance of urgent measures concerning the child shall inform without delay on it guardianship and custody bodies, the commission on cases of minors and protection of their rights on the territory of placement of shelter and the State Committee on problems of family, woman and child of the Azerbaijan Republic.

3.3. In case of impossibility to determine age of person in case of acceptance it in shelter, however in the presence of the offer that this person did not reach 18 years, it is considered the child.

3.4. In shelter children, as a rule, accommodate separately. Considering interests of the child, it can be placed jointly with the parents (except as specified suspicions that parents are the reason that their child fell victim of human trafficking) or other persons making positive impact on psychological state of the child.

4. Term of stay in shelter

4.1. The term of stay of children in shelter constitutes 60 days. In the following cases the term of stay in shelter can be prolonged according to the petition of special police structure, guardianship and custody body and commission on cases of minors and protection of their rights:

4.1.1. in case of not elimination of danger to the child's life;

4.1.2. in case of failure to complete of actions for search of parents of the child or to establishment of guardianship or custody concerning them;

4.1.3. in case of failure to complete of rehabilitation of the child according to the individual program;

4.1.4. in need of additional interrogation of the child from the body performing criminal prosecution;

4.1.5. in other cases when stay in shelter is necessary for the benefit of the child.

4.2. The petition for prolongation of term of stay in shelter moves in 10 days prior to completion of this term. The management of shelter makes the decision on prolongation of term of provision of shelter within 3 days from the date of submission of the petition.

4.3. In case of accommodation of children in shelters and prolongation of term of content in them the relation to the matter of children is heard and considered 10 years are more senior.

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