Summary of law reform necessary to achieve full prohibition

Prohibition is still to be achieved in the home, alternative care settings and possibly penal institutions and schools.

There is no defence for the use of corporal punishment enshrined in legislation but there is no explicit prohibition and provisions against violence and abuse are not interpreted as prohibiting corporal punishment in childrearing. Realisation of children’s rights to equal protection from assault under the law and to protection from all forms of violence requires clarity in law that no degree or form of corporal punishment is acceptable or lawful, without exception. Explicit prohibition should be enacted of all corporal punishment and other humiliating and degrading treatment, in the home and all other settings where adults exercise authority over children.

Explicit prohibition should be enacted of corporal punishment in all schools, public and private, all institutions accommodating children in conflict with the law and all alternative care settings, including public and private day care, residential institutions, foster care, etc.

Current legality of corporal punishment

Home

Corporal punishment is lawful in the home. Provisions against violence and abuse in the Criminal Code, the Family Code, the Administrative Offences Act, the Rights of the Child Act and the Constitution are not interpreted as prohibiting corporal punishment in childrearing.

Ms Hyra Husseynova, Chair of the State Committee for Family, Women and Children's Affairs, has signed up to the Council of Europe campaign against corporal punishment. In accepting the recommendations made during the Universal Periodic Review in 2009 to prohibit all corporal punishment of children, the Government stated that draft amendments to the Criminal Code and the Administrative Offences Code address cruel treatment of children, but we have yet to verify that the proposed amendments include explicit prohibition of all corporal punishment in childrearing.

Schools

Corporal punishment is considered unlawful in public and private schools, but we have yet to identify explicit prohibition in legislation. A new Law on Education was adopted in 2009 but we have no details of its provisions.

Penal system

Corporal punishment is unlawful as a sentence for crime. It is not available as a sanction under the Criminal Code, the Criminal Procedure Code, the Rights of the Child Act, or the Order on Commissions on Minors Affairs and Protection of their Rights.

Corporal punishment is considered unlawful as a disciplinary measure in penal institutions, but we have yet to confirm that prohibition is explicit.

Alternative care

There is no prohibition of corporal punishment in alternative care settings.

Prevalence research

According to statistics from UNICEF on violence in the family, 75% of children aged 2-14 experienced physical punishment and/or psychological aggression in 2005-2006: 44% experienced physical punishment and psychological aggression, 29% experienced psychological aggression only and 2% experienced physical punishment only. In total, 47% of children experienced physical punishment, while only 22% of mothers and caregivers believe that physical punishment is necessary in childrearing. Of girls and women aged 15-49, 49% think that a husband is justified in hitting or beating his wife under certain circumstances; 58% of boys and men aged 15-49 believe this. (UNICEF (2009), Progress for Children: A report card on child protection, NY: UNICEF)

Recommendations by human rights treaty bodies

Committee on the Rights of the Child

“The Committee expresses concern that corporal punishment, while prohibited in schools and in the penal system, remains lawful at home and is still widely practiced in the society as an accepted measure of discipline.

“The Committee recommends that the State party introduce and fully implement legislation explicitly prohibiting all forms of corporal punishment of children in all settings, including the home. The State party should also conduct awareness raising and public education campaigns promoting non-violent, participatory forms of child-rearing and education.”
(17 March 2006, CRC/C/AZE/CO/2, Concluding observations on second report, paras. 44 and 45)

Universal Periodic Review

Azerbaijan was examined under the Universal Periodic Review process in 2009. The Government accepted the recommendations to prohibit all corporal punishment of children.