The new draft law “On Children's Rights”, discussed in the Human Rights Committee and recommended to the plenary session, has brought to the agenda the formation of new mechanisms in the field of child protection. According to the draft, an authorized p will be identified for the timely detection of children in difficult life situations.
Speaking to Modern.az regarding the issue, Arzukhan Alizade, Deputy Chairman of the Human Rights Committee, stated that one of the main innovations in the new draft law concerns the identification of children in difficult life situations and the strengthening of their social protection. The deputy emphasized that the identification of these children and the adoption of decisions regarding their future fate fall within the competencies of the relevant executive authorities.
“This approach is also stipulated in Article 72.1 of the Family Code of the Republic of Azerbaijan. According to this article, the identification of children in difficult life situations and the adoption of decisions regarding their fate are entrusted to the relevant executive authority. This authority is exercised by the guardianship and trusteeship bodies of local executive authorities.”
Arzukhan Alizade noted that, in addition to this, there are also commissions operating within local executive authorities.
“These commissions operate specifically in relation to the identification of children in difficult life situations and other related matters,” he added.
According to him, the main implementing bodies are the guardianship and trusteeship bodies of local executive authorities, and other state bodies are also involved in the process when necessary.
The deputy stated that within this framework, the Ministry of Labor and Social Protection of Population, the Ministry of Justice, and other relevant state bodies may participate in matters of child placement, education, and upbringing.
“Specifically, in the new draft law, “relevant executive authority” refers to the guardianship and trusteeship bodies of local executive authorities, as well as the commissions operating under them,” he noted in conclusion.
However, Milli Majlis deputy Fazil Mustafa stated that such matters are usually regulated by a Presidential decree, and the relevant executive authority is determined by that decree. According to him, the identification of the relevant executive authority is also expected within the framework of the new draft law.
The deputy noted that this authority can be attributed to various bodies:
“This could be the State Committee for Family, Women and Children Affairs, in some cases executive authorities, and in certain matters, the Ministry of Internal Affairs may also be involved in the process.”
According to Fazil Mustafa, the issue is multifaceted and not solely social in nature:
“Here, there are risks related to human trafficking, and administrative, criminal, and other types of issues may arise.”
The deputy emphasized that for this reason, the coordination mechanism is of particular importance.
According to him, there is a high probability that this function will primarily be carried out by the State Committee for Family, Women and Children Affairs. Fazil Mustafa stated that currently, the main part of the monitoring is conducted by this very p.
“Legal opportunities will be created for the participation of other state bodies in this process, and it is highly likely that the President's relevant decree will include precise explanations regarding these matters,” the deputy added.
