“The new draft law "On Children's Rights" is being discussed in the Milli Majlis.
According to Modern.az, the draft law was discussed at today's meeting of the parliamentary Committee on Family, Women and Children Affairs.
The new draft law "On Children's Rights" consists of 8 chapters and 63 articles. The new document envisages conceptual changes in the approach to children's rights and aims at forming implementation and control mechanisms, in addition to the declaration of rights.
In the draft, the concept of the child's "best interests" is defined for the first time in a broad and concrete legal context. Conducting an investigation before making decisions related to a child, ensuring the child's right to express their opinion, and considering the impact of decisions on their life and development are defined as legal obligations. This approach transforms the child's interests from a formal principle into a real legal criterion.
The new draft law also expands the concept of violence against children. In addition to physical and sexual violence, psychological violence, corporal punishment, neglect, persistent pressure, and aggressive behavior are listed as separate forms. The perpetration of violence through internet information resources and information-telecommunication networks is also specifically emphasized at the legislative level.
The document also includes a mandatory reporting mechanism for individuals working with children. Persons in regular contact with children in education, medicine, social services, and other fields will be obliged to report signs of violence to the relevant institutions, while maintaining confidentiality. The "Child Hotline" is also recognized as a legal mechanism.
The approach to early marriage is also tightened in the draft. The concept of early marriage is separately defined, and forcing a child into early marriage, conducting negotiations for this purpose, organizing ceremonies, and religious marriages involving children are listed as circumstances leading to responsibility defined by law.
The new draft law allocates a special place to the collection and analysis of data in child policy. The creation of a unified data bank on cases of violence and discrimination against children, their causes and consequences, and the effectiveness of protection measures is envisaged. This approach aims for decisions in the field of children's rights to be based on facts.
The document also pays special attention to administrative and judicial proceedings involving children. The conduct of proceedings in a manner appropriate to the child's age, clear, fair, and urgent for them, and the preference for alternative measures to detention are enshrined at the legal level. This is evaluated as a transition to a child-centered justice model.
The draft also expands mechanisms related to children in difficult life situations. The identification of such children, conducting on-site initial assessments, providing urgent medical and psychological assistance, and taking immediate intervention measures in case of life-threatening situations are regulated sequentially.
One of the new approaches is the expansion of inter-agency cooperation in the field of children's rights. The participation of civil society institutions and media entities, alongside state bodies, in the implementation of child policy is specifically noted.
It should be noted that if the draft is adopted, the law of the same name, which has been in force since 1998, will be repealed.
