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of May 19, 1998 No. 499-IQ

About the child's rights

(as amended on 17-02-2023)

This Law determines the rights and freedoms of children in the Azerbaijan Republic, the basic principles of state policy concerning children, tasks of state bodies, other legal entities and physical persons in the field of protection of children according to the Constitution of the Azerbaijan Republic, the Convention on the Rights of the Child and other rules of international law.

Chapter I. General provisions

Article 1. Scope of this Law

The rights and obligations of children provided by this Law extend to each person, 18 years which did not reach (age of majority) and not having full legal capacity of age.

Article 2. Legislation on the child's rights

The legislation on the rights of the child consists of this Law and other regulatory legal acts of the Azerbaijan Republic.

Other regulatory legal acts cannot limit the rights and freedoms of children determined by this Law.

Article 3. State policy concerning children

State policy concerning children is aimed at providing growth and development of each child in proper material and living conditions, ensuring education on the basis of progressive requirements and formation of the child by the worthy citizen.

State policy is performed on the basis of target children's social programs, developed taking into account national and local conditions. Also other legal entities and physical persons can participate in implementation of these programs, along with state bodies.

Article 4. The bodies, associations and the organizations performing protection of the rights of the child

According to the Constitution of the Azerbaijan Republic control of observance of the rights of the child is exercised by the state.

In the Azerbaijan Republic relevant organs of the executive authority, court, prosecutor's office and other law enforcement agencies, the Commissioner for Human Rights (ombudsman) of the Azerbaijan Republic, municipalities, and also public associations and labor unions shall provide protection of the rights of children. These bodies, associations and the organizations shall base the activities on the principle of the maximum protection of the rights of children.

Article 5. Preference of interests of children

State bodies, all physical persons and legal entities shall give preference in the activities to interests of children, create conditions for providing their rights. Regulatory legal acts of the Azerbaijan Republic and the decision of relevant organs shall not contradict interests of the child, and their execution - to cause damage to life, development and education of children. Any transaction limiting the rights and interests of the child is invalid.

Article 6. Equality of children

All children have the equal rights. Irrespective of social and property status, health, racial and national identity, language, education, political views, the place of residence of the children, their parents or persons replacing parents children cannot be exposed to discrimination. Children do not bear responsibility for actions of the parents or persons replacing parents and it is not allowed to limit the rights of children for the reasons connected with parents.

Irrespective of whether children in scrap or out of scrap were born, they have the equal rights concerning parents.

Article 7. Child's representatives

The representatives of children protecting their rights and interests are parents of the child, and also persons who adopted the child, guardians, custodians, administration of orphanages.

Article 8. Child's right to life and development

Each child has the right to life and physical, intellectual and moral development in normal conditions. The state assumes obligation of implementation of necessary economic, social and legal and other measures, creations of the healthy and safe circle providing normal conditions.

Article 9. Child's right to protection of life and health

Each child has the right to protection of life and health. The state provides protection of life and healthy development of children, creates the conditions ensuring ecological safety, takes adequate measures on providing children with high-quality food, supply with their clear drinking water.

Children have the right to medical examinations according to the procedure, established by the Law of the Azerbaijan Republic "About obligatory medical examination of children", receipt of medical care in out-patient, stationary or sanatorium conditions on the basis of medical indications depending on results of medical examination, receipt of the complete and objective information about results of medical examination, including about the carried-out medical diagnostic measures, and also about the state of health.

Sale to children of alcoholic and energy drinks, tobacco products, application of child labor on workplaces with heavy, harmful working conditions, and also in underground tunnels, mines and at other underground works, in night clubs, bars which can negatively influence their moral forming, in production, transportation, sale and storage of alcoholic and energy drinks, tobacco products, toxic medicines, at the works connected with drug trafficking, psychotropic substances and their precursors and other works which can create threat of life, to health or morality of children is forbidden.

Article 10. Child's right to receipt of name and nationality

After the birth each child is registered according to the legislation of the Azerbaijan Republic and acquires nationality, except as specified, provided by the first and second parts of article 12 of the Law of the Azerbaijan Republic "About citizenship of the Azerbaijan Republic".

To the child it is named in consent or specifying of his parents, and in case of their absence - in consent or specifying of bodies of guardianship.

Article 11. Child's right to receipt of education

Each child has the right to develop and receive education according to national and universal values, on the basis of the principles of humanity and morals.

Education of the child is performed in family and educational institutions.

The state creates various companies for development of creative capabilities of children, for ensuring their esthetic education, helps public organizations in creation of the similar companies.

Distribution and demonstration among children of the movies, literature and other means propagandizing violence, tyranny, products of erotic and pornographic content making harmful effects on mentality and moral development of children, and also involvement of children to production of such products is forbidden.


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