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Azerbaijan

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: Rape is illegal and conviction carries a maximum sentence of 15 years in prison. Spousal rape is also illegal, but observers stated police did not effectively investigate such claims.

The law establishes a framework for the investigation of domestic violence complaints, defines a process to issue restraining orders, and calls for the establishment of a shelter and rehabilitation center for survivors. Some critics of domestic violence law asserted that a lack of clear implementing guidelines reduced its effectiveness. Activists reported that police continued to view domestic violence as a family issue and did not effectively intervene to protect victims, including in cases where husbands ultimately killed their wives.

The SCFWCA tried to address the problem of domestic violence by conducting public awareness campaigns and working to improve the socioeconomic situation of domestic violence survivors. On November 27, the president approved the National Action Plan to Combat Domestic Violence for 2020-23. The government and an independent NGO each ran a shelter providing assistance and counseling to victims of trafficking and domestic violence. On December 1, the SCFWCA, together with the UN Population Fund, established an emergency hotline for gender-based violence. Callers could use the hotline to access free legal assistance, counseling support, and information concerning gender and domestic violence.

Sexual Harassment: The government rarely enforced the prohibition of sexual harassment or pursued legal action against individuals accused of sexual harassment.

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; to manage their reproductive health; and to have access to the information and means to do so, free from discrimination, coercion, and violence. Contraception was available, but limited supplies and lack of education and counseling limited usage. Patriarchal norms based on cultural, historical, and socioeconomic factors in some cases limited women’s reproductive rights.

No legal, social, or cultural barriers or government policies adversely affected access to skilled health attendance during pregnancy and childbirth. In vitro fertilization procedures were available.

The government referred survivors of sexual violence to free medical care including sexual and reproductive services.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Although women nominally enjoy the same legal rights as men, societal and employment-based discrimination remained a problem. According to the State Statistical Committee, there was discrimination against women in employment, including wide disparities in pay and higher rates of unemployment.

Gender-biased Sex Selection: The gender ratio of children born in the country during the year was 114 boys for 100 girls, according to the SCFWCA. Local experts reported gender-biased sex selection was widespread, predominantly in rural regions. The SCFWCA conducted seminars and public media campaigns to raise awareness of and address the problem.

Birth Registration: Children derive citizenship by birth within the country or from their parents. Registration at birth was routine for births in hospitals or clinics. Some children born at home were not registered.

Education: While education is compulsory, free, and universal until age 17, large families in impoverished rural areas sometimes placed a higher priority on the education of boys and kept girls in the home to work. Social workers stated that some poor families forced their children to work or beg rather than attend school.

Child Abuse: There is criminal liability for sexual violence against children. The law also stipulates punishment for child labor and other abuse against children. The SCFWCA organized multiple events prior to the onset of the COVID-19 pandemic to address the problem of child abuse.

Child, Early, and Forced Marriage: According to UNICEF’s 2019 State of the Worlds Children report, 11 percent of girls in the country were married before they were 18. The problem of early marriage continued during the year. The law provides that a girl may marry at age 18 or at 17 with local authorities’ permission. The law further states that a boy may marry at 18. The Caucasus Muslim Board defines 18 as the minimum age for marriage as dictated by Islam.

In July the SCFWCA organized two awareness-raising online events on prevention of early marriages.

The law establishes substantial fines or imprisonment for up to four years for conviction of the crime of forced marriage with an underage child. Girls who married under the terms of religious marriage contracts were of particular concern, since these were not subject to government oversight and do not entitle the wife to recognition of her status in case of divorce.

Sexual Exploitation of Children: Conviction of recruitment of minors for prostitution (involving a minor in immoral acts) is punishable by up to eight years in prison. The law prohibits pornography, its production, its distribution, or its advertisement, for which conviction is punishable by three years’ imprisonment. Conviction of statutory rape is punishable by up to three years’ imprisonment. The minimum age for consensual sex is 16. Some civil society representatives reported that boys and girls at times engaged in prostitution and street begging.

Displaced Children: Significant government investment in IDP communities largely alleviated the problem of numerous internally displaced children living in substandard conditions and unable to attend school.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

The country’s Jewish community was estimated to be between 20,000 and 30,000 individuals. There were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities, but the government did not enforce these provisions effectively. The law calls for improved access to education, employment, social protection and justice, and the right to participate in political life. Local experts noted that, although financial payments for persons with disabilities increased in 2019, in general the implementation of this law was not satisfactory, and persons with disabilities continued to experience problems.

A common belief persisted that children with disabilities were ill and needed to be separated from other children and institutionalized. According to official statistics, there were approximately 62,951 children with disabilities in the country. A local NGO reported that 6,000 to 10,000 of them had access to segregated educational facilities, while the rest were educated at home or not at all. The Ministries of Education and Labor and Social Protection of the Population continued efforts to increase the inclusion of children with disabilities into mainstream classrooms, particularly at the primary education level.

Legislation mandates that access to public or other buildings be accessible to persons with disabilities. Some assistance existed for them, including in education; however, this mandate was not fully implemented. Information and communication technology and most buildings were not accessible to persons with disabilities. Conditions in facilities for persons with mental and other disabilities varied. Qualified staff, equipment, and supplies at times were lacking.

Members of National/Racial/Ethnic Minority Groups

Following the closure of borders between Azerbaijan and Armenia in 1991, inflammatory rhetoric and hate speech became increasingly prevalent, particularly as an entire generation grew up without interactions with the other side. Civil society activists stated that an entire generation had grown up listening to hate speech against Armenians. Individuals with Armenian-sounding names were often subjected to additional screening at border crossings and were occasionally denied entrance to the country. During the intensive fighting involving Azerbaijan, Armenia, and Armenia-supported separatists from September 27 to November 10, all sides reportedly committed atrocities (see sections 1.a. and 1.c.).

On May 26, the ECHR rendered a judgment in the case of Makuchyan and Minasyan v. Azerbaijan and Hungary, finding that Azerbaijan had violated Article 14 of the European Convention on Human Rights (prohibition of discrimination). In 2004 Azerbaijani soldier Ramil Safarov killed sleeping Armenian soldier Gurgen Markarian while both were attending NATO training in Budapest. Convicted by Hungarian authorities to life imprisonment in 2006, Safarov was pardoned and feted after his transfer to Azerbaijan in 2012. The court did not find the government of Azerbaijan responsible for Ramil Safarov’s actions but criticized Azerbaijani authorities’ failure to enforce the punishment of Safarov, effectively granting him impunity for a serious hate crime. Moreover, the court found Safarov’s pardon and other measures in his favor had been ethnically motivated, citing statements by high-ranking officials expressing their support for his actions targeting Armenian soldiers.

Some groups, including Talysh in the south and Lezghi in the north, reported the government did not provide official textbooks in their local native languages.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

A local NGO reported incidents of police brutality against individuals based on sexual orientation and noted that authorities did not investigate or punish those responsible. There were also reports that men who acknowledged or were suspected of being lesbian, gay, bisexual, transgender, or intersex (LGBTI) during medical examinations for conscription were sometimes subjected to rectal examinations and often found unqualified for military service on the grounds that they were mentally ill. There were also reports of family-based violence against LGBTI individuals, including being kidnapped by family members and held against their will. Hate speech against LGBTI persons and hostile Facebook postings on personal online accounts also continued.

Antidiscrimination laws exist but do not specifically cover LGBTI individuals.

Activists reported that LGBTI individuals were regularly fired by employers if their sexual orientation or gender identity became known.

LGBTI individuals generally refused to file formal complaints of discrimination or mistreatment with law enforcement bodies due to fear of social stigma or retaliation. Activists reported police indifference to requests that they investigate crimes committed against LGBTI individuals.

Local NGOs reported that COVID-19-pandemic-related quarantine measures compounded the impact of the discrimination already faced by members of the LGBTI community. Since these individuals regularly faced discrimination in accessing employment, they were primarily employed informally and received payment on a day-to-day basis.

During the year the ECHR continued a formal inquiry begun in February 2019 into police raids on the LGBTI community in 2017. The raids entailed arrests and detentions of more than 83 men presumed to be gay or bisexual as well as transgender women. Media outlets and human rights lawyers reported that police beat detainees and subjected them to electric shocks to obtain bribes and information regarding other gay men. Detainees were released after being sentenced to up to 30 days of administrative detention, fined up to 200 manat ($118), or both. In 2018 some victims of the raids filed cases against the state in the ECHR.

Civil society representatives reported discriminatory attitudes towards persons with HIV and AIDS were prevalent throughout society. The government continued to fund an NGO that worked on health problems affecting the LGBTI community.

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The Lessons of 1989: Freedom and Our Future