Skip to Content
Home

National Constitutional provisions – Azerbaijan

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Azerbaijan March 9, 1992.  

EDUCATION
Art.16 - Social development and the State
II - The Azerbaijan Republic promotes the development of culture, education, (…).
Art.42 - Right to education
I. Everyone has the right to an education.
II. The State guarantees the right to free compulsory secondary education.
III. The system of education is controlled by the State.
IV. Regardless of material conditions, the State guarantees that talented and merited persons continue their education.
V. The State establishes minimum educational standards. 

CHILD RIGHTS 

Article 17 
(1) Family as a basic element of society is under special protection of the state.
(2) Parents must take care of their children and their education. The state controls implementation of this responsibility. 

Article 34 

(3) Family and marriage are protected by state. Maternity, paternity and childhood are protected by the law. The state provides support to large families.
(5) Responsibility of children is to respect parents, look after them. Children who are of age (18) and capable of working must support disabled parents. 

EQUALITY 

Article 25 
(1) All people are equal with respect to the law and law court.
(2) Men and women possess equal rights and liberties.
(3) The state guarantees equality of rights and liberties of everyone, irrespective of race, nationality, religion, language, sex, origin, financial position, occupation, political convictions, membership in political parties, trade unions and other public organizations. Rights and liberties of a person, citizen cannot be restricted due to race, nationality, religion, language, sex, origin, conviction, political and social belonging. 

GENDER 

Article 25

(2) Men and women possess equal rights and liberties. 

DISABILITIES 

Article 34

(5) Responsibility of children is to respect parents, look after them. Children who are of age (18) and capable of working must support disabled parents. 

Article 38 
(1) Everyone has the right for social protection.
(2) Most vulnerable persons must get support, in the first place, from members of their families.
(3) Everyone has the right for social protection on reaching specific age according to legislation, in case of illness, disability, loss of bread-winner in the family, due to unemployment and in other cases envisaged by legislation.
(4) Minimum sum of pensions and social allowances is specified by law.
(5) The state creates possibilities for development of charitable activity, voluntary social insurance and other forms of social protection. 

LANGUAGE 

Article 45 - Right to use the mother tongue
I - (…) Everyone has the right to be raised and get an education, (…) in one's mother tongue. 

Article 21 
(1) Azerbaijanian language is official language of the Azerbaijan Republic. Azerbaijan Republic provides development of the Azerbaijanian language.
(2) Azerbaijan Republic ensures free use and development of other languages spoken by the people. 

RELIGION 

Article 18 
(1) Religion in the Azerbaijan Republic is separated from state. All religions are equal before the law.
(2) Spreading and propaganda of religions humiliating people's dignity and contradicting the principles of humanism are prohibited.
(3) State educational system is secular 

PARENTS 

Article 34

(4) Rights of wife and husband are equal. Care and education of children constitute both right and responsibility of parents. 

HUMAN RIGHTS MECHANISMS 

Article 71 

Protection of rights and liberties of a human being and citizen
(1) To observe and to protect rights and liberties of a human being and citizen specified in the Constitutionis responsibility of bodies of legislative, executive and legal power.
(2) No one may restrict implementation of rights and liberties of a human being and citizen.
(3) Rights and liberties of a human being and citizen may be partially and temporarily restricted only on announcement of war, martial law and state of emergency, and also mobilization, taking into consideration international obligations of the Azerbaijan Republic. Population of the Republic shall be notified in advance about restrictions as regards their rights and liberties.
(4) Nobody, in no circumstances may be forced to promulgate his/her religious and other beliefs, thoughts and to be persecuted for such.
(5) None of the provisions of Constitution may be interpreted as regulation directed to prohibition of rights and liberties of a human being and citizen.
(6) Rights and liberties of a human being and citizen act on the territory of the Azerbaijan Republic by themselves.
(7) Any arguments related to violation of rights and liberties of a human being and citizen are settled in law courts.
(8) No one will be responsible for acts which were not considered criminal at the moment of their implementation. If after the crime new law was introduced envisaging no responsibility or mitigation of responsibility, said new law shall apply.