1. Legal provisions
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1. Legal provisions Start Comparison
1.1 What are the relevant statutes and codes?

The Law on the Prevention of Domestic Violence 2010 ("Domestic Violence Law")[1] is relevant in this regard.

Article 148 of the Constitution of Azerbaijan ("Constitution") states that international treaties to which Azerbaijan is a party are an integral part of the legislative system of Azerbaijan.

As per the Norwegian Helsinki Committee report of 2021 titled "Gender Based Violence in Azerbaijan 2020,"[2] Azerbaijan is a party to international human rights treaties, including the following:

  • Convention on the Rights of the Child
  • International Covenant on Economic, Social and Cultural Rights
  • International Covenant on Civil and Political Rights
  • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Azerbaijan has also ratified regional treaties including the European Convention on Human Rights and the European Social Charter (revised).

Articles 25 and 31 of the Constitution provide for equality, freedom of movement and the right to a safe life; Article 34.2 addresses the right to marriage (concluded based on voluntary consent); Article 34.4 recognizes the equality of a husband and wife; Article 38 provides the right to social protection; Article 60 provides for the protection of rights and freedoms; and Article 46 provides for the right to the protection of honor and dignity.

On 24 June 2011, a law was adopted to amend the Code of Civil Procedure. Along with the new amendments, Chapter 40.1 of the Code of Civil Procedure regulates the process of issuing a long-term security order to a victim of domestic violence.

Article 158 of the Administrative Procedure Code puts in place liability for violating legislation on the prevention of domestic violence. Article 157 of the Administrative Violation Code allows the application of penalties in cases of domestic violence involving physical violence. The Law of the Republic of Azerbaijan has approved this.[3]
1.2 What is the controlling case law?
Azerbaijan adopted the Domestic Violence Law in 2010, but it has been poorly to minimally implemented. Requirements under the law (including resources for victims) are not being met.
1.3 What are the specific parts of the court system that address domestic violence?
The Ministry of Justice provides training on the Domestic Violence Law, but there is a concern that judges still lack sufficient knowledge or consult the law when handling cases.
1.4 What are potential causes of action?

The Domestic Violence Law foresees a system of both short-term and long-term protection for victims of domestic violence. If an act of domestic violence is not overtly criminal, a victim should obtain protection.