Amendments to other codes and laws prepared on the basis of the draft of the new "On Child Rights" law have been approved.
Medianews.az reports that President Ilham Aliyev has signed amendments to the Civil Procedure, Family, Criminal Procedure codes, and to the laws "On Youth Policy", "On the Approval of Regulations on Commissions for the Protection of Child Rights", "On the Prevention of Neglect and Offenses of Minors", "On Physical Education and Sports", "On Social Services", "On Advertising", "On the Restriction of Tobacco Product Use", "On Protection of Children from Harmful Information" and "On Media" in connection with this.
According to the draft law "On Child Rights," during proceedings concerning children, the child has the right to express his/her opinion related to the case as prescribed by law. The process of learning the child's opinion should be informative, based on respect for the child, safe, and guided by a specialist trained in child matters.
This approach necessitates a number of changes in civil and criminal procedural legislation. For this purpose, provisions requiring the participation of a psychologist alongside other individuals during the learning of children's opinions in civil cases and during investigative measures in criminal cases—such as the questioning of underage witnesses and victims, confrontation, on-site verification of statements, investigative experiments, and taking samples for investigation—have been added to the relevant legislation.
Furthermore, individuals who have caused moral, physical, or material harm to the child are prohibited from participating in civil and criminal proceedings as the child's legal representatives.
Regarding the protection of personal data of children involved in criminal proceedings, the Criminal Procedure Code has established that consent for disclosing information about the identity of a suspect, accused, or victim who is a minor must be given only in written form. According to this provision, the consent is obtained both from the child and their legal representatives. The same approach will be adopted in the "On Media" law.
To improve the existing legislative framework and define clear mechanisms for the protection of children living in difficult circumstances, a special chapter has been included in the "On Child Rights" law. Unlike adults, children living in difficult circumstances have weaker capacity for self-defense and independent appeal, which requires urgent and immediate measures when identified. Specific responsibilities fall on the competent authority in this regard. Subsequently, new provisions have been incorporated into the "On Social Services" law and the "Regulations on Commissions for the Protection of Child Rights." The commissions for the protection of child rights are designated as the body detecting children living in difficult circumstances (excluding children deprived of parental care).
Following amendments to family legislation in recent years, the powers of the prosecutor's office to protect children's rights have been expanded. The prosecutor's office also has procedural supervisory functions for ensuring children's rights in both criminal and administrative offense cases. The prosecutor, alongside the relevant state bodies (institutions), is designated as a body exercising state control over the implementation of children's rights.
Additionally, for harmonization purposes, amendments have been made to the Family Code, as well as the laws "On Social Services," "On Advertising," "On Youth Policy," "On Physical Education and Sports," and "On Protection of Children from Harmful Information."