On The Questionnaire Prepared By The United Nations Committee On The Rights Of Persons With Disabilities Regarding The First Report Of The Republic Of Azerbaijan On The Implem

ADVANCE UNEDITED VERSION

The Information of the Ministry of Labour and Social Protection of Population on the questionnaire prepared by the United Nations Committee on the Rights of Persons with Disabilities regarding the first report of the Republic of Azerbaijan on the implementation of the Convention on the Rights of the Persons with Disabilities.

A. Purposes and general commitments (1-4 Articles)

1. What steps were done by the Member States towards acceptance of human rights of disability as it was indicated on the 1st article of Convention, presenting new definition of disability on acceptance of all persons with disabilities regardless of the nature of disability and changes on the law?

(1) By ratification of “Rights of the Persons with Disabilities” Convention and its Optional Protocol in 2008 one of the main commitments Azerbaijan assumed was the adaptation of national legislation on statuses of persons with disabilities with the requirements of the Convention, elimination of discrimination situations in the Laws regarding persons with disabilities, adaptation of legislation acts with the real implementation mechanisms for the full integration of persons with disabilities to society. For this purpose, determining right statuses for persons with disabilities with the presence of specialized civil society and in order to provide them with more reliable social protection relevant draft Project were prepared by reviewing the new edition of Azerbaijan Republic Law on “Preventing disability and children disability, rehabilitation and social protection of persons with disabilities and disabled children”. In the new edition the definition of person with disabilities are indicated as bellow: “A person or a disabled child with physical, psychological, mental and sense problems while he/she is faced with different challenges that limits them to participate fully and efficient in society life”. The improvement of legislation and adaptation to international standards are intended on the 1st article of National Activity Plan Projects on “Protection of the Rights of Persons with Disabilities” prepared jointly by Ministry of Labour

1 ADVANCE UNEDITED VERSION and civil society. Currently a draft of the document was submitted to the government for consideration. B. Specific Rights (Articles 5 and 8-30)

Equality and prohibition of discrimination (Article 5)

2. What steps have been done to include prohibition of direct discrimination for the disabilities to constitution and laws? What measures have the Law on Discrimination regarding the protection from the numerous and cross-sectorial challenges and on ensuring effective implementation, as well as proportional restrictive sanctions and compensations for victims?

(2) State guarantees equality of rights and freedom of everybody. According to article 25 of the Constitution of the Republic of Azerbaijan everybody is equal before the law and courts. According to the article 35 of the constitution based on the working skills everybody has the rights independently selecting an activity, profession, occupation and place of work. Everybody has the right to work in a secure and healthy working condition and without any discrimination and the right to have at least minimum salary defined by the State. According to the article 16 of the Labour Code of Azerbaijan it is strictly prohibited to have any discrimination in labour relations because of citizenship, sex, race, religion, nationality, language, living place, property situation, public and social origin, age, marital status, belief, political view, belonging to any trade unions or other social unions, official position and as well as the work skills of the employee, professional skills, the reasons that are not related to work activity. According to mentioned situations any directly or indirectly determination of privileges and benefits and as well as limitation of the rights are strictly prohibited. Privileges and defining additional guarantees in labour relations for women, persons with disabilities, persons under 18 and people with needs of social protection shall not be considered discrimination. According to the Article 155 of Labour Code employee has the right to work in a secure and healthy working condition and without any discrimination to have at least minimum salary for the work defined by the State. Persons with disabilities and disabled children have all social-economic, political, personal rights and freedoms in accordance with Article 1of the Law on 2 ADVANCE UNEDITED VERSION

“Preventing Disability and health problems of the children, Rehabilitation and Social Protection of persons and children with disabilities” of the Republic of Azerbaijan, Declaration adopted by UN General Assembly, the Constitution of Azerbaijan, above mentioned relevant Law and other relevant legislative acts. Discrimination is forbidden against them and is prosecuted by the Law. According to the Law N-8 the rights, freedom and legal interests of persons with disabilities and disabled children are protected by the court or with the measures with as it is indicated in the relevant legislation of the State. Authorities or other citizens who found guilty of violating their rights bear material, discipline, administrative or criminal responsibility. According to the Article 17 of the Law of Azerbaijan, the employer who will not accept to the job with the quotas for the persons with disabilities, disabled people under 18 and people who needs for special social protection sent by Executive authority will have to pay as a penalty three times of the average monthly salary for each work place (quotas) to the budget of the State. The penalties are defined according to Administrative Code (Article 53-2) of Azerbaijan for the employer who will not accept to the job with the quotas for the persons with disabilities, disabled people under 18 and people who needs to special social protection sent by Executive authority or the employer who is not paying the penalties to the State budget.

3. Is the definition of “Suitable accommodation” becomes relevant on translation to Azerbaijan language? Is refusing the suitable accommodation against the persons with disabilities included to non-discrimination legislation of Member States as the basis of discrimination?

(3) According to the Article 28 of the Constitution of the Republic of Azerbaijan, everyone legally being on the territory of the Azerbaijan Republic may travel without restrictions, choose the place of residence and travel abroad. Within the individual rehabilitation program special installations, elevators as well as telephone communication have to be provided in the entrance of buildings for persons with disabilities or buildings with some disabled persons according to the Law (Article 34) of Republic of Azerbaijan on “Preventing disability and disabled children, if the accommodation of persons with disability or disabled children will not meet the needs of disabled persons and if it will not 3 ADVANCE UNEDITED VERSION be possible to renovate it up to the needs the living place for them will be changed with the consent and request of persons with disabilities and with the parents or guardian of the disabled children.

Women with disabilities (Article 6)

4. Please explain if the Law on “Gender Equality” of the Republic of Azerbaijan is directly belonging to issues with women and girls with disabilities or not. If the answer is negative then what measures were taken by the Member State to include women and girls with disabilities to the articles of this Law (Paragraph-14 of Report)? What measures were taken by the Member State on dual approach for girls and women and not only on gender but also on systematic information collection?

(4) According to the Constitution of the Republic of Azerbaijan, men and women have the equal rights and freedoms. The State guarantees equality of rights and freedoms for everybody regardless to gender. It is prohibited to limit human rights and freedoms because of gender. It has to be remarked that, freedoms and rights defined by the constitution norms also were improved with the referendum on 18 March 2009 on amendments and additions to the Constitution. According to the amendments done in Article 25 of Constitution no one may be granted with benefits or privileges or can’t be refused because of gender or on the other basis. Equal rights are ensured for everyone in the relations with state authorities that makes decisions regarding rights and responsibilities. Protection of rights and freedom of women with disabilities were ensured with the other rights and freedoms in National Activity Plan on “Enhancement of efficiency of human rights and freedoms” in the Republic of Azerbaijan. To create specialized work places in order to organize the employment of women with disability, organizing vocational training courses to provide them with the relevant professions. Gender (men and women) Equality Law N-150-IIIQ of the Republic of Azerbaijan adopted on 10 October 2006 covers all categories of women. In this regard, there were no need to include special provisions about disabled women and girls. 4 ADVANCE UNEDITED VERSION

5. What measures were taken to ensure consultation of disabled women and girls on the same basis with other women and girls? How the Member States do provide their participation in legislation and policy spheres? What efforts were carried out by State Committee for Family, Women and Children Affairs for the service especially for disabled women? In this case, what issues have been solved already? (Paragraph-15)

(5)There are no restrictions for disabled women or girls to participate in the legislation or in different politic spheres of the Republic of Azerbaijan. There are 126 disabled women and girls those benefits from 11 Child and Family support centers under the State Committee for Family, Women and Children Affairs of the Republic of Azerbaijan. 10 disabled women who applied to the centers were provided with the health services, improvement of apartment living conditions of 6 persons, employment assistance for 7 disabled women and advocacy assistance were provided for 48 persons with disabilities in order to solve their social problems. Five disabled women victims of domestic violence were provided with the psychological and social support and legal consultations. Disabled young girl benefitted from Saatly Center participated in Paralympic Games. In 2012-2013 years 12 disabled women were provided with the wheelchair, 1 person with disability was assisted with the imposition of a prosthetic arm, 8 disabled are in weaving group and 7 disabled are in computer courses of the center. Psychologists of the center consulted 29 disabled women.

Children with disabilities (Article 7)

6. Please inform, if the persons with disabilities can benefit from their statuses in other spheres than field? (paragraph-20)

(6) Persons with disabilities and disabled children have the rights for free treatment in state health institutions and in sanatoriums as it is defined in the legislation of the Republic of Azerbaijan according to the Law 14-1 on “Preventing disability and impairment of children health, rehabilitation and social protection of persons with disabilities and disabled children”. Along with health institutions disabled children can also use rehabilitation centers. Some rights of the disabled children were indicated in this Law.

According the Law of Azerbaijan Ministry of Education, Ministry of Labour and Social Protection, Ministry of Health and its local institutions, State 5 ADVANCE UNEDITED VERSION

Committee for Family, Women and Children Affairs provides disabled children and persons with disabilities over the age 18 with preschool education, extracurricular education, general, initial vocational profession, secondary and high education with the decision of psychological-medical-pedagogical and medical-social commission. Rehabilitation centers carries out relevant rehabilitation works and organizes trainings on individual educational programs. In addition, sociability, self-service and simple working habits are formed for disabled children and their integration into society are provided.

Regularly events for the disabled children are being organized by the State Committee for Family, Women and Children Affairs to identify their creative abilities in addition with ensuring the health of children with disabilities, as well as their integration to society and in order to provide rehabilitation. Since 2008, occupational interests of 40 young people with disabilities were identified and jointly the Ministry of Labour and Social Protection, Labour and Rest House have made efforts on vocational rehabilitation for young people with disabilities.

Education and vocational training of persons with disabilities and disabled children are carried out differently, like individual education and education at home.

Home education provided for disabled children that do not have an opportunity to have an education in secondary schools with the consent of the disabled children and their parents. Ministry of Education and its local institutions are providing comprehensive opportunities for the children with disabilities so they can have an education at home. Financial guarantees and concessions are provided for one of the parents or the persons substituting parent by the forms and conditions defined in Azerbaijani Legislation for the disabled children. Such kind of caretaking is included for labor experience as well.

The education for disabled children is provided in secondary and higher educational establishments and in the case of necessity the education can be provided in private educational institutions. Specialized facilities and departments have been established for the disabled children in initial vocational, secondary and higher education institutes in order to create special conditions for the children with disabilities. Educational trainings are also provided for the disabled children having treatment in Stationary treatment-prophylactic or in rehabilitation centers.

6 ADVANCE UNEDITED VERSION

Special installations, elevators as well as telephone communication have to be provided in the entrance of buildings and on stairs for persons with disabilities, or in the buildings with the families with disabled children. Families with children with disabilities have the rights for installation of home telephones free of charge.

Children with disabilities have the rights for free music education, fine arts and decorative arts in secondary schools or in private schools. Disabled students under 18 are paid 50 percent more than normal students.

For the disabled employee under 18 annual leaves are paid not less than two-fold of minimum leave amount relevant with the existing legislation.

Unpaid leaves are provided for the employee under 18 according to the Azerbaijani Labour Legislation. Reduced working hours, not more than 36 hours in a week are determined for the disabled employee under 18.

Persons with disabilities and disabled under 18 who had their disability in the company they were working, have the rights of priority to stay in their jobs during the reduction period of employees or stuff. Apartments for the families of children with disabilities are provided without any turns.

According to the individual rehabilitation plan taking into account environmental and other necessary conditions for living environment the families of disabled children have the rights to choose the type of building, floor.

Disabled children living separate from the relatives and legal representatives are provided with the assistance by the Cabinet of Ministers according to the Article 19.1 of the Law on Social Service. Procedures for provisions of social service at home (mobile) were approved with the Resolution No.17 of the Cabinet of Ministers.

According to the Article 6.2, Law on Culture State guarantees the implementation of the rights and freedoms on culture for everyone regardless

their gender, social origin, health condition, membership to public associations. In accordance with the article 14.2.4 of this law preferential usage of cultural resources are provided by the relevant executive authorities for the poor people, persons with disability and disabled children under 18, war veterans.

7. Please specify which disabled children have to be provided with the extra, and urgent assistance? How they are measured and who is independently responsible in determining statuses for them, who makes the final decision about the services based on their needs? Is there any exact case or activity exists in where the right of complain of the parents were not ensured (Paragraph-28).

(7) The status and assistance is determined by the Ministry of Labour and Social Protection of Population for benefits paid for the disabled children by the State.

Disabled children can be served by social worker or social servant at home According to the rules on “Social Service at Home” (mobile) adopted in 31 January 2013 by the Decision No.17 of the Cabinet of the Ministers of the Republic of Azerbaijan.

Social assistance from the budget of the State or refusal of these services for the person (family) can be done by the protection centers (city) within 5 days they have the report from social worker according to the 12th Article of the Law on “Social Service” of the Republic of Azerbaijan. One of the main priority directions of the state social targeted policy is improvement of quality of medical services for mothers and children. Adopted State Programs on the priority areas of health played a significant role in improving the quality especially health level for generally population of the country and for mothers and children. In one of these programs, protection of health of mothers and children, providing them with “Electronic health cards”, “Immune-prophylactics from infectious diseases”, hereditary blood diseases, diabetes and kidney failure treatment and prophylactic for the mothers and children has been emphasized.

To tackle the serious social problems like preventing mothers and children diseases in time is one of the important and effective instruments. As the result of undertaken activities in the frame of this program, determination of the diseases at its early stages of diabetes, chronic kidney failure, cancer, tuberculosis and process on involvement them to the treatments were improved and as the result the mortality from this diseases were reduced. Thus, compared to 2003 the number of death from tuberculosis, diabetes was reduced for 2 times, the number of death from thalassemia was reduced for 4 times. Thalassemia Center in Baku has not analogue only in our country but also in surrounding countries to Azerbaijan. It should be noted that the purpose on before marriage compulsory prophylactic of thalassemia disease rules were presented to Parliament. The draft State project was developed in this sphere. The implementation of this program will allow our country to prevent the birth of the children with thalassemia. Works are going on in order to include the information about the health of teenagers to the “Electronic Health Card System of Citizens”. In general the “Electronic Health Card System of Citizens” operates from December 2007. Special software system was developed and card personalization centers were created in order to put into practice this system. Computer equipments were installed in all birth and child health facilities of the Republic and information exchange is provided by internet, by the information management centers. Today we have all necessary conditions for the effective treatment of severe congenital disease that can cause disability in children born.

Already, all state child stationary institutions are provided from the state budget with medicine, medical supplies, mothers and children nutrition. Children that did not receive breast milk are provided with the modern European adapted baby foods. Currently, new State Project is under preparation period on protection of mothers and children health. In this program modern screening methods to diagnose at an early stage of the number of serious congenital diseases, new criteria of healthy birth, effective monitoring of pregnancy, safe motherhood and other issues will be ensured.

As the result of the measures implemented in last years the success of our state is obvious in many areas of the health care, as well as in the sphere of protection the health of mothers and children. At the same time the reduction dynamics is observed in between disabled children. Dispensary observations, special medical care for all children up to 1 year old in specialized child centers are provided in order to determine earlier hidden mental defects, defects of feeling organs, and the movement system of children. Four nurseries are functioning under the Ministry of Health of the Republic of Azerbaijan. Two of them are located in Baku, one in Ganja, one in Nakhchevan Autonomous Republic. Three of these nurseries are for the healthy children; one (in Baku) is for the children with neurological diseases. Nurseries are for the children deprived of parental care from their early childhood, for orphans, as well as for the mothers who care their children in a difficult social situation, educates them and to provides them with the medical assistance. Children in nurseries are checked by all professionals for the helminthosis, they are provided with Monteux test and other prophylactic vaccinations. In the case of child sickness they are provided with special isolations or in the case of serious or middle diseases they are treated in child hospitals. The children are provided by government with necessary medical, pedagogical, psychological and other assistance in the case of problem of health, or mental disorders.

8. What measures are taken in order to set the minimum limit of the benefits for the families of the children with disabilities? What steps are done in order to cancel the 5 year social insurance demand?

(8) Azerbaijan 2020:as envisaged in the concept vision for the Future, the benefit system for the families of disabled children will be improved until 2020, the rules for determining the needs of families for the social assistance will be improved in order to reduce poverty and development of modern social protection system, at the same time all social benefits will be unified and the amounts will be increased.

The rules on registering, reviewing of the documents submitted for the determination of social benefits and pensions project draft were prepared and 10 ADVANCE UNEDITED VERSION submitted to the Cabinets of the Ministers of the Republic of Azerbaijan in order to provide the implementation of decree No-373, dated 24 February 2006, article 1.4 of the President of Azerbaijan as the beginning of these measures on the implementation of the Law on “Social Benefits”. Benefits provided by the State for the disabled children are increased annually according to the cost of determined living minimum.

Raising awareness (Article 8)

9. What measures are done for education, training, raising awareness of the civil servants and high-ranking officials from various ministries on Convention, its princes, human rights trainings related to persons with disabilities? What steps were done by the government in order to start campaigns on raising awareness and promotion it for the public, media, employers, health and education experts?

(9) According to the national Activity Plan the promotion of UNESCO principles like “Education for everybody”, preparing trainers in the field of legal education for the persons with disabilities and different population groups in order for more efficient protection of human rights and freedoms. Public hearings are organized on promotion of integrated system in order to fair presentation into society of potential of children with disabilities, and in order to form correct positive ideas about them in society. This kind of events eliminates negative stereotypes and degrading behavior towards children with disabilities, will replace with objective information about disability and their limitations. Awareness events were organized jointly by civil society and government authorities and widely demonstrated in mass media. Thus, in 2013 the television and radio workers prepared and broadcasted some programs. Almost every month public television broadcasts especially awareness programs in order to form an image for the persons with disabilities as the full member of the community, also Kapaz TV broadcasting programs on the employment problems of persons with disabilities. Organizing of events on development of juridical sense and juridical culture, promotion of non-discrimination in “National Activity Plan on

11 ADVANCE UNEDITED VERSION strengthening the effectiveness of human rights and human freedoms in the Republic of Azerbaijan” confirmed in 27 December 2007, by the order of the President of the Republic of Azerbaijan. In this direction on spheres like political, economic, social, cultural, civil and in other areas in media programs organizing awareness events, organization of awareness raising activities aimed at their integration into society, organizing public debates on stereotypes and prejudices and harmful practices against persons with disabilities, to tan sensitive approach for their rights, promotion of potential and the services of persons with disabilities, organizing events that will assist them to present correctly information about them, will make positive and contribution they can make for the labor market, to organize promotion events in order to increase care and attention to the persons with disabilities and disabled children, with the help of special programs assisting to organizing sport and art trainings, awareness trainings in order to ensure labor rights of persons with disabilities,assisting in organizing vocational training. Article on “Awareness Educative Activities” was included to draft law on “Social Protection of Persons with Disabilities” in order to adopt legislation on protection of persons with disabilities to Convention on Protection of the Rights of Persons with Disabilities. Round tables were organized in 2012 year in Child and Family Support Centers in 11 regions of the country on “Understanding Disability” theme. 334 persons (30 from Shuvalan, 18-Goranboy, 22-Goygol, 50-Sabirabad, 40- Hajigabul, 25- Gabala, 24-Agdam, 22-Ismayilli, 50- Zardab, 25- Saatli, 28- Zagatala) attended in the event. In the current year, events were organized on employment of women with disabilities (24 persons), persons with disabilities and care for them (97 persons), personal hygiene and women’s health, handwork exhibition of women and young people with disabilities. Relevant region authorities and public members were involved in all mentioned events. Periodically exhibition of handworks of women with disabilities were arranged and in order to help them the sale of the handworks were organized in exhibitions. Mass events are organized annually every 1st of June on international Children Day, International day for persons with disabilities by the State Committee for Family, Women and Children Affairs in order to integrate children with disabilities to the society.

Availability of Environment (Article-9) 10. Does the government adopted a plan on availability of environment on eliminating existing challenges on information and communication for a reasonable period including all directions of environment availability, as well as physical environment, transportation, information and communication technologies and systems? If yes, is there any budget and interim evaluation that allows monitoring of the implementation of the plan and were the plan confirmed by the legislation? Are there any standards of formal environment availability?

11.How the people with disabilities and their representative organizations were involved in development of legislation of environment availability, plans and policy? For example, pedestrian tunnel in Baku? Is there any plan on constructing these physical services outside of Baku in different regions of Azerbaijan and are there any plans to make consultations with persons with disabilities and their representative organization? (Paragraph 40)

(10, 11)The appropriate organizational measures were organized in order to give social infrastructure to persons with disabilities without any challenges, with the participation of specialized civil society within the project “Standard rules on equal opportunities for the persons with disabilities” organizing important activity conditions for the persons with disabilities in building facility projecting and were submitted to the Cabinets of the Ministers. Following works were carried out according to the Presidential decree dated on 11 August 2010, paragraph 7.3.5 (measures on the strengthening the usage of disadvantaged groups from ICT) of “2010-2012 State program on the Republic of Azerbaijan Communication and Information Technologies development Program” (Electronic Azerbaijan): - Information Centers in four regions of Azerbaijan were created in order to strengthen the usage of persons with disabilities from the information-

13 ADVANCE UNEDITED VERSION communication services within the joint Project of ICT, Heydar Aliyev Fund and United Nations Development Program. One of them located in Baku, others are regionally located in Ganja, Yevlakh and Nakhchevan. In the Centers equipped with the modern equipment’s there are reading rooms, training education centers, audio libraries, voice record studios to change the format of library to audio format, cinema room, fast internet connection and special modern computer centers were organized for blind and visually impaired children. Centers were provided with the 1000 publication with Braille alphabet books, subtitled films for the deaf and dumb persons, computers games rooms for mental development were prepared for the persons with mental problems. The persons who will visit center with wheelchairs will be able to move freely. - Works are widened in order to adopt web sites to “Web Content Accessibility Guidelines (WCAG) 2.0” recommendations of “W3C” organization (enlarged fonts, Braille fonts, audio, symbols and simplified language). - Ministry assists and provides free internet for persons with disabilities who applied individually. ICT organizes various workshops in connection with the improvement of information society in the regions people, business sector and educational courses are organized in order to eliminate computer illiteracy. The number of internet providers and internet clubs are getting more in the regions. - Mini computers were developed within the project “Dilmanj” in order to ensure equal usage rights from the information technologies for the blind and visually impaired people. Minicomputer were provided with the options like voice control, to get news in online regime, voice read of text mails, as well as receiving voice phone calls and answering them. One hundred computers were presented to blind and visually impaired people in November of 2012 in Yevlakh city. Measures on increasing the usage opportunities are planned of ICT for persons with disabilities and disabled children under 18 years old in Paragraph 27 of action plan with announcement of “Information and technologies year” by the confirmation of presidential decree No-2815, dated 28 March 2013. Constructed Pedestrian tunnels in Baku were installed with equipment’s for persons with disabilities in order to provide free, without challenges and secured transportation service for persons with disabilities, surfaces of the platforms of the railway stations were renovated with the same level, imported medium and

14 ADVANCE UNEDITED VERSION large capacity buses were equipped with specially places for the persons with disabilities. As well as the TX-4 taxi cars were provided with special ramps for wheelchairs to enter the saloon of the car and in future the cars that will be imported to Azerbaijan will also be provided with same equipment’s. In order to have available environment appropriate measures were done to have preventive works to keep this demand upon the 57.2.7 paragraph of “Urban planning and Construction” Code of the Republic of Azerbaijan

Risky and emergency humanitarian situation. (Article-11) 12.We kindly ask you to explain if the evacuation plans or other emergency measures indicated on initial report paragraph-74 covers disability?

(12) According to the activity plan of the Minister of Emergency Situations of the Republic of Azerbaijan evacuates people (disabled included) from the areas with emergency situations, provides with humanitarian assistance and organizes events on protection of the health. Taking into consideration the mentioned facts, evacuation plans and other emergency measures are indicated in 12th paragraph (Article 11. “Risky and emergency humanitarian situation) of the questioner of the Azerbaijan Republic report within the 11th session on the rights of persons with disabilities.

Equality before the law (Article-12)13. Please inform, if there any measures were done by the government in order to avoid substitution of the model of decision making and now focused on measures on supportive decision making model (paragraph-63) Ensuring justice court (Article-13) (14)Can people with disabilities come to the court and are they able to operate actually and legally? Including responsibility of Judges, lawyers, court staff and police providing persons with disabilities with accommodation and is there any trainings for them on the administration of justice rights?

(14) According to the Article-60 of the Constitution of the Republic of Azerbaijan, everyone may appeal to law court regarding decisions and activity (or inactivity) of state bodies, political parties, trade unions, other public organizations and officials and according to Article 65 of the Constitution every person convicted by the law court has the right to appeal, as specified by the law, to the higher law court asking for reconsideration of the verdict and also to be forgiven and mitigation of the sentence.

According to the article-4 of the Civil Procedural Code all physical persons and legal entities shall, in accordance with procedure specified by law, be entitled to exercise the right to appeal to court for protection of their rights and freedoms, as well as for protection of guaranteed by law interests. Denial of the rights to appeal to the court is not valid. According to the Article-48 of this Code any physical person and legal entity shall be entitled to have equal procedural rights and carry equal procedural obligations specified and permitted by law (civil procedural legal capacity). According to the Article-49 of this Code, capacity to acquire rights and to carry out obligations in court, to assign conduct of case to a representative through personal actions (civil procedural action capacity) shall be recognized after all physical persons over the age of majority and legal entities registered in accordance with the requirements of legislation. According to the Article-72 of the Code, rights and protected by law interests of persons without action capacity, with partial or restricted action capacity shall be represented in courts by their parents, adopters, guardians, custodians and other persons. Legal representatives shall, subject to limitations specified by law, perform on behalf of represented persons all procedural actions, which the latter shall have the right to perform. They shall submit to court documents certifying their powers. Legal representatives shall have the right to assign administration of a case to other person of their choice. As well as with the accordance of the article 105.2 of this Code where a witness is unable to appear before court due to health conditions, age, disability, such witness shall be interrogated by court at his place of residence. Up to 20 courts, as well as appeal court, courts for serious crimes, administrative and economic courts were created last years in order to improve court structures. In the new court buildings, supplied with modern technology and equipment, new ICTs were put into practice, and facilities for disabled people, who belong to the vulnerable group of the population, were created in order to simplify the citizen appeals, to provide awareness and transparent services. Lifting devices 16 ADVANCE UNEDITED VERSION have been built for disabled people to enter the building, special coatings have been installed for visually disabled people so that they can move independently and special texts have been hanged on the doors for the blind in the entrances of new court buildings.

In 2011, the joint web portal of the court system, that simplifies opportunities of appeals within the scopes of the project, (www.court.az) was created as well. Portal gives the opportunity to get information about trials, judges, the court actions, court cases, decisions made, and also to apply and get an answer online. The currently forming information base of the court cases and final court acts will be placed on the portal, too.

The application of modern technologies will serve to the right to a fair trial stipulated by the European Convention on Human Rights, along with simplifying the appeal options of people to the courts.

Taking into account all the given, no limitations have been appointed in the legislation against disabled people’s applying to the court.

Privacy and freedom (Article 14)

15. We kindly ask you to explain the basis on which “disabled people” may be deprived of their freedom and the criteria of this clause that makes difference between the “first” and the “second” groups, in accordance with Article 53.5 of the Criminal Code. (83rd paragraph)

(15) With the Law No-137-IVQD on “Amendments to the Criminal Code of the Republic of Azerbaijan” dated May 31, 2011, the restriction of freedom as a kind of punishment, noted in the Article 53, was removed from the Criminal Code.

Freedom from torture (Article 15)

16. We kindly ask you to inform the Committee about which medical experiments are considered illegal and which ones are considered legal.

(16) According to the Article 37 of the Law on “Protection of Public Health”, to lead biomedical studies in governmental and non-governmental health institutions is allowed, based on results of laboratory experiments. A person can be allured to any biomedical study as an object only with his or her agreement. The citizen should be informed about the aims, side effects, possible risk levels, duration and results of the examination in case if there is no agreement. Not depending on the phase of the study, citizen has a right to refuse it. To lead biomedical studies or to apply forbidden diagnosis illegally, treatments and medicine causes a liability according to the Article 138 of the Criminal Code.

Exploitation, freedom from violence and exploitation (Article 16)

17. We kindly ask you to explain if the conditions of disabled girls and women are covered in the “Comprehensive Program on Fighting against Violence on a Daily Basis in the Democratic Society” of 2007.

(17) The “Comprehensive Program on Fighting against Violence on a Daily Basis in the Democratic Society” endorsed with the ordinance of Cabinet of Ministers of Azerbaijan Republic #17s dated January 25, 2007 covers the conditions of disabled girls and women. The Article 28 named “Satisfactory life standard and social protection” of the Program is about the noted subject.

Protection of Privacy (Article 17)

18. We kindly ask you to explain which measures have been taken to include the queries against cases of sterilization, forced abortion, forced contraception and any kinds of other medicine and procedures for disabled girls and women without their permission into the legislation. Also, please explain recognition of presuming illegal any treatment with the agreement of the third side, including the trustee.

(18) Every woman has a right to solve the issues about motherhood on her own.

Artificial termination of pregnancy can be performed until the end of 12-week duration of pregnancy, with the woman’s agreement.

Artificial termination of pregnancy on social instructions (family conditions) can be performed until the 22nd week of pregnancy.

Based on medical instructions (related to any illness the woman has) and with the woman’s agreement, the abortion can take place not depending on the time of pregnancy.

Artificial termination of pregnancy is performed by specialized doctors in governmental or non-governmental health institutions.

The abortion should take place in ambulatory conditions until the 6th week of pregnancy, and only in stationary conditions after that time.

To perform abortion in a place other than health institutions with special facilities is forbidden.

According to the Article 31 of the Law on “Protection of Public Health”, medical sterilization is applied to prevent a person from the ability of producing new generation or to protect a woman from pregnancy. Medical sterilization is only applied with the written proposal of the intervened person and medical instructions. Instructions about medical sterilization are determined by the Ministry of Health and are held in governmental or non-governmental health institutions.

Illegal artificial insemination and implantation of embryo, medical sterilization causes a criminal liability. According to the Article 136.1 of the Criminal Code, applying artificial insemination or implantation of embryo to a woman without her permission, or to a woman who has not reached nobility is punished with fine of from five hundred to one thousand manats, or with amendment measures for up to two years, or with imprisonment for up to three years along with or without disqualifying from the right of holding a certain position or of being involved with certain kind of action. According to the Article 136.2 of this Code, applying a medical sterilization on a person, i.e. performing an operation on them in order to prevent them from the ability of producing new generation or to protect the woman from pregnancy without their permission is punished with fine of from five hundred to one thousand manats, or with amendment measures for up to two years, or with imprisonment for up to three years along with or 19 ADVANCE UNEDITED VERSION without disqualifying from the right of holding a certain position or of being involved with certain kind of action.

There is no forced sterilization, forced abortion, forced contraception, or any other application of forced medicine or procedures determined in the relation to disabled women by the legislation.

Citizenship, freedom of accommodation (Article-18) 19.Please submit the information about the measures done on registration of children birth defects including with rural areas. Are there any special provisions on information collection about the children with disability?(Paragraph-114)

(19) Information on birth (as a rule: birth date of the child, gender, mother’s surname, name, father’s name, address, number of id card issued date) are immediately submitted by the health institution and submitted to Ministry of Health of the Republic of Azerbaijan, and from Ministry of Health it is automatically submitted to the information system of Ministry of Justice and from there automatically to the registration department of mother’s living place according to the decree of Cabinet of Ministers of the Republic of Azerbaijan, No. 145, dated 31 October 2003, part 2 of the “Procedure for Registration of Acts of Civil Status”. According to the rule, article 2.24 birth certificates are given based on the birth acts. The date, serial and number of the certificate are indicated in the birth acts. All newborn children are given the birth certificates and the information about the disability is not indicated in this certificate. The information included to the electronic information base organized by the State Committee for Family, Women and Children Affairs for all newborn children and children with disabilities according to the rules on “Organizing and Maintaining Electronic base” for the children rights adopted with the decree No-5, dated 15 January 2013 of the Cabinets of the Ministry of the Republic of Azerbaijan. In accordance with the “Child Rights” law every child is register after the birth according the legislation of the Republic of the Azerbaijan.

In 2010 the information about the children birth in the legislation were decreased from three months to one month in order to full and short registration procedure, as well as the obligation to send this information by the health institution’s electronic information system to the relevant system

20 ADVANCE UNEDITED VERSION of the Ministry of Justice of the Republic of Azerbaijan, also some amendments were done in Family and Administrative Code on; not giving the information about the birth in prescribed period, or the responsibilities were defined for the head of the health institutions in the case of wrong submitted birth information, responsibilities of registration authorities in the case of not submitting or submitting wrong information with the information system, as well as the responsibilities of parents of the newborn children in the cases not registering their children without a reasonable facts. Generally, last years some important works were done in order to improve the registration works and with the decree of the President the registration of marriage, birth and death were given also under the responsibility of the representatives of local executive powers in order to assist people who have the difficulty to apply in regional centers for the registrations. Also opening “ASAN service” centers in many regions of the Azerbaijan was one of the measures to assist on decreasing the work load. Besides of that, Automatic Information Registration System “Civil Status Acts” were created and it covers all country, birth registration procedures were modernized up to modern information Technologies and a single database were formed. State Committee for Family, Women and Children Affairs has carried out analysis in 2010 the situation of newborn children registrations. As the results of the analysis it was indicated parent’s irresponsibility and existence of birth. After analysis it was clear that there are no needs for the extra measures for the registration of the children with disabilities.

Independent living manners and community involvement (Paragraph-19) 20. Please explain the definition of “Medical and social expertise”. How is it organized? With which criteria it is determines that for some people independent life style is limited? What happens to the people with disabilities accepted by the Medical-social expertise as the people who can’t have an independent life style? Are there any possibilities to appeal its decisions? What options are available for

the alone persons with disabilities and limited independent life style? (Paragraph-118)

(20) In Legislation Medical and social expertise is identified as follows: Medical and social expertise evaluating life activity based on the continuous sickness and defines the needs of the citizen to the social protection measures. Medical and social expertise is carried out in accordance with the disability and disabled children criteria’s based on complex assessment of the person’s clinical, functional, social, welfare, occupational, labour and psychological capabilities. If examined person will not agree with the decision of the Medical and social expertise he may appeal to the high level chairperson within one month. In these cases the chairman has to send the documents of the expertise to the higher level within three days. Higher level can make a decision based on received documents or testing persons with disabilities or disabled children visually. If the complaint of persons with disabilities, disabled children’s parents or other legal representatives that has been involved to the tests again has a valid arguments all transportation expenses will be paid by the guilty persons. Decisions of the higher level can be appealed to court and to the Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan. Initial higher level decisions can be appealed to a court.

Living as independently as possible, having an independent life style and social integration opportunities can provide living in the community. For this purpose, community based services are carried out in order to transform from institutional care system to community based environment.

21. Please inform us about how many persons with disabilities are living in institutional enterprises; what is the scale of their living places? What is the difference between the income of the persons with disables who lives in institutions and who is not living in institutions?

(21) The information for the end of the November 2013 is that 468 persons with disabilities are living in the institutions functioning under the Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan. Regardless of

22 ADVANCE UNEDITED VERSION the living place all persons with disabilities are provided with the same amount of benefits.

Individual ability to move (Paragraph-20) 22.Please inform us with the measures done for the persons with disabilities to provide them with the appropriate supportive efforts or initiatives.

(22) The following measures were realized to aware the institutions producing assistive moving equipment’s and technologies so they can take into account all aspects. Relevant road symbols were defined for the persons with disabilities and their cars by the “Traffic Law” of the Republic of Azerbaijan. Thus, “Blind Pedestrians” (7.15) and persons with disabilities (7.17) in 7th paragraph of the Road Traffic Law and according to appendix 7 of the same Law transportation symbols were defined for the deaf and dumb persons and for the persons with disabilities. According to the Paragraph-11 of the law-37, drivers of the mechanical transportations have to make sure all kind of possible protection measures for persons with disabilities and in the case of signal from the blind pedestrian (signal can be rising white hand-stick) the drivers have to stop immediately. In addition to the Article- 28.2, (except driving the car while drunken) the rights of the drivers with disabilities are not restricted according to the Administrative Code of the Republic of Azerbaijan. State provides with free prosthetic and orthopedic equipment’s for the persons with disabilities, disabled children, for the persons who suffered while medical assistance or survival of persons with disabilities in emergency situations according to the rules applied by the Cabinets of the Ministers on 8th of July 2002 on providing World War II participants with prosthetic and orthopedic equipment, for citizens who suffered while medical assistance or survival of persons with disabilities in emergency situations, wheelchairs for disabled persons and with any other rehabilitation equipment.

23. Free expression of ideas and creed and the availability of information usage (Article 21). Please inform about carried out mechanisms done on providing freedom of thoughts and formats on accessibility of public information.

(23) Individually applied persons with disabilities are provided with free internet by the Ministry of Labor and Social Protection of Population. Various ICT seminars were organized in connection of development information society in the regions and trainings were held on to eliminate computer illiteracy. Number of internet providers and internet clubs are increased in regions. Mini computers were developed within the project “Dilmanj” in order to ensure equal usage rights from the information technologies for the blind and visually impaired people. Minicomputer were provided with the options like voice control, so the users can get news in online regime, voice read of text mails, as well as receiving voice phone calls and answering them. One hundred computers were presented to blind and visually impaired people in November of 2012 in Yevlakh city. Measures on increasing the usage opportunities are planned of ICT for persons with disabilities and disabled children under 18 years old in Paragraph 27 of action plan with the announcement of “Information and technologies year” with the confirmation of presidential decree No-2815, dated 28 March 2013.

Home and family respect (Article- 23) 24. Please inform us why persons with disabilities of 1st and 2nd groups cannot adopt children?

(24) According to the Family Code Article-120.1.5, the person who cannot be a parent due to illness has not rights to adopt a child. According to the 120.2 Article of this Code, the list of illness that blocks to be guardian and adoption a child are defined by the Cabinets of the Ministers of the Republic of the Republic of Azerbaijan. Only persons who lost their labour ability and belong to the disability group 1 or 2 are not able to adopt a child or to be a guardian according to the mentioned list’s 7th paragraph.

Education (Article- 24) 25.Which activity was taken in the sphere of recognition of responsibility concerning insurance of inclusive education for children with disabilities and its wide spreading, and also incorporation of those perspectives into legislation? (Paragraph 158)

25) The Rules on “Organization of Educational Process in Integrative School Settings” were approved by the Decree of the Cabinet of Ministers of the Republic of Azerbaijan No. 87 dated 29 May 2002. As it is enclosed in the Rules, integrative school setting is the general educational institution with special conditions which allow persons with disabilities to study among with healthy ones. School administration provides all necessary subsidiary help to persons with disabilities in their study process. Such school settings are organized by not exceeding 20 percent of persons with disabilities from total amount of students of those school settings. “The Development Program (covers 2005-2009 years) on Organization of Educational Process of Children Needed in Special Care (children with disabilities)” was prepared by the Ministry of Education and adopted by the Decree of the Azerbaijan Government on 3 February 2005. In the framework of the Program the execution of 3 pilot projects were launched on organization of inclusive education process. As the result of the pilot projects 298 children with disabilities were involved in inclusive study process at 17 schools of general education and 13 pre-school settings. Those school settings were given 89 subsidiary professor staff. Preparation of development and inclusive training programs for children who needs special care treatment was envisaged in 1.2.4 subparagraph of part 7 of “The State Strategy on Development of Education of the Azerbaijan Republic” approved by the Order of the President of the Republic of Azerbaijan dated 24 October 2013.

According to obligations following from The Convention on the Rights of Persons with Disabilities to which Azerbaijan joined on 2 of October 2008 and as execution of 7.2 paragraph of “Azerbaijan 2020: prospection” Development Conception was prepared draft version of “Development Program on organization of inclusive education for persons with disabilities in Azerbaijan Republic in 2014-2020 years” and delivered for approval to the Cabinet of Ministers of the Republic of Azerbaijan. The main aim of the Program is the insurance of involving persons with disabilities to educational process at its all stages and establishing of the environment without any barriers for getting education.

Main responsibilities of the State Program are following:

1. Making appropriate amendments to actual legislation to ensure the involvement of persons with disabilities to education process at its all stages; 2. Carrying out appropriate actions in putting educational settings and educational programs in accordance with the needs of disabled children; 3. Training and development of professors staff engaged in organization of study process of disabled children; 4. Establishing of database which accumulates information on disabled persons who take part in inclusive (integrative) education process; 5. Holding actions in giving information and enlightenment together with related state bodies in the sphere of assuring the importance of involvement of disabled persons to education process and social integration; 6. Establishing of appropriate services concerning compliance of disabled persons to educational process and integration of those persons into social life. According to the official information from State Statistics Committee, recently there are 57961 disabled children on the territory of Azerbaijan. 9355 of those disabled children study at home, 2536 are involved in getting education at specialized schools for children, 2908 – at specialized boarding schools.

26.What kind of activity has been done by the government to promote teaching of the language of gestures (pantomime) and culture of deaf including ensuring the accessibility of schools of general education to admit disabled children, availability of trainings and materials, improvement of the level of professional trainings for teachers of pantomime?

(26). In 2010-2011 new teaching program was issued on Alphabet and Mathematics covering I and II classes and on its basis textbooks of new generation for disabled children (deaf and dumb children, children with acquired deafness and children hard of hearing). Boarding schools and rehabilitation centers for children with disabilities which are in the balance of the Ministry of Education were provided with those textbooks and copy-books. By the initiative of Fund of Heydar Aliyev the typography was founded at the Republic special boarding school No.5 for disabled children (blind and visually impaired) where are published textbooks and tutorials in Braille alphabet. Tutorials published at the typography fully covers the needs of blind

26 ADVANCE UNEDITED VERSION children in textbooks. Also Heydar Aliyev Fund provided Republic special boarding school No.3 for disabled children (deaf and dumb) with Canadian “Unitron” hearing aids. Along with that, for the purpose of supporting the activities in the sphere of solving communication problems and developing of enunciation of children who need special care, was published “Logaoedics album” methodical tutorial and delivered to boarding schools and rehabilitation centers for disabled children.

Health (Article-25) 27.What measures were done for informing persons with disabilities about HIV diseases, sexual and reproductive health, and providing in the existing gesture language of in the country? (198th paragraph)

(27) Republic Center of Fight Against HIV realizes public awareness work on prevention of HIV infection among all levels of population. Along with the visual propaganda, voluntary mass inspection measures and consultations are being held. During the preventive actions, along with the awareness work for patients suffering from some diseases as an indicator of HIV infection, tuberculosis, traumatized central nervous system and malignant tumor, disabled persons with HIV get services in the Center and at homes. At the same time public awareness work by NGOs organize preventive (enlistment and inspection) activities among population from risky groups, people whom difficult to communicate with, street children, workers from sex business and people who can be culprit of HIV infection spreading. Close people (family members, children and so on.) to persons in whom the infection is discovered also include to the sphere of interest of the Center, analogical activities has been organized for them too.

Labour and Employment (Article 27)

28.Are there any considerations about disability being included to the article 6.2.1 of the Employment Law as a restricted separation (Paragraph 216)? What kind of activities is taken for providing continent work places for persons with disabilities? (28). Defining of government policy regarding persons with disability and children with disabilities, taking measures against causes of disability and disability of children, rehabilitation of persons with disability and children with 27 ADVANCE UNEDITED VERSION disabilities, disabled persons getting equal opportunities to other citizens to participate in the all areas of social life and offering all necessary facilities for these persons to live solid life according to their individual capacity and interest, are being regulated by the August 25, 1992, No 284 Law of the Republic of Azerbaijan on Prevention of Disability and Disability of Children, Rehabilitation and Social Protection of Persons with Disabilities and Children with Disabilities. According to the Article 1 of the law, “separation towards persons with disabilities and children with disabilities is forbidden and is being monitored by the law”. According to the Article 25 of the Law of the Republic of Azerbaijan on Prevention of Disability and Disability of Children, Rehabilitation and Social Protection of Persons and Children with Disabilities, corresponding execution authority agencies, institutions (associations) and establishments together with organizations specialized on adults and persons with disabilities under 18, support employment of the adults and persons with disabilities under 18 by establishing agencies specialized on labour of the adults and persons with disabilities under 18 support their employment. Other than the list defined by the corresponding execution authority organizations, there is defined quota for every agency, organization and company regarding adults and persons with disabilities under 18 as required by the law. Corresponding execution authority organizations and social institutions specialized on adults and persons with disabilities under 18, control the situation about employment situation of adults and persons with disabilities under 18. Regardless of the structure of a priority, companies and organizations evading employment of adults and persons with disabilities under 18, transfer money to the state budget in the amount of 3 equivalent of average salary defined for the republic for not hiring adults and persons with disabilities fewer than 18. Adults and persons with disabilities under 18 are being sent to the work places defined by the quota by the local agencies of the state employment system. Notifications for employment given to adults and persons with disabilities under 18 have to be accepted by the all companies and organizations regardless number of workers and management style. For defining of quota in companies and organizations for persons with disabilities by the local authorities, issues as number of workers and quota, deduction of taxes and finance, amenability of companies and organizations on fulfilment of tasks are being regulated by the Law of the Republic of Azerbaijan. Along with that, activities on employment of persons with disabilities, enhancement of social protection of jobless and jobseekers are regulated by the Employment Law of the Republic of Azerbaijan.

By taking into consideration opinion of the international experts, according changes and additions can be made to the Article 6.2.1. of the Employment Law of the Republic of Azerbaijan. Draft Employment Law of the Republic of Azerbaijan prepared by the Ministry of Labour and Social Protection of Population of the Republic of Azerbaijan and presented to the Cabinet of Ministers, includes the following changes and additions: - Addition of the Point 6.2.11. to the Article 6.2. of the Law: “ 6.2.11. providing of professional and labour rehabilitation of the persons with disabilities by taking into consideration their professional and labour capacity”. - Addition of the Point 9.5 to the Article 9 of the Law: “ 9.5. Employment of the persons with disabilities is regulating due to their professional and labour capacity”. Employment issues of the people in need of special care, adults and persons with disabilities fewer than 18 are raised in the July 2, 2011, No 170-IIQ Employment Law of the Republic of Azerbaijan. Under the Article 9 of the Law, the Government gives additional maintenance to the categories of the citizens with special need of social protection and facing challenge in job-hunting, by establishing additional workplaces, organizations (also companies and organizations for labour of the adults and persons with disabilities under 18), implementing special programmers and other activities. Relevant authorities define the quota in companies and organizations for citizens in need of special care in a certain way. Quota amount is defining depending on local labour market situation; on condition that not more than 5 percent of the number of workers in a company. Application of quota for citizens with special need of social protection and facing challenge in job-hunting is being regulated by the 22 November 2005, No 213 Resolution of the Cabinet of Ministers of the Republic of Azerbaijan.

Satisfactory living conditions and social protection (Article 28) 29.What actions have been taken to increase up social benefits for persons with disabilities including children to the level of minimum wages and minimum living costs?

(29) There are more than 35 types of social benefits and 8 types of pensions in the Republic, as it was considered in the Law of the Republic of Azerbaijan on Social Benefits.

According the Law, social benefits are applied in 2 types – monthly and one time benefits. Benefits for persons with disabilities including children, are belong to the category of monthly social benefits regulated by the Social Benefits Law of the Republic of Azerbaijan passed in 2006.

Benefit for the children with disabilities under 18, was indicated as a type of benefit for children with disabilities under 16 in the Social Benefits Law of the Republic of Azerbaijan passed in 2006, but then bound up with the changes and additions to the Law was termed as a “benefit for the children with disabilities under 18”. The amount of the benefit was increased from 25 manats to 67 manats during 2006-2013. It is worth mentioning that this indicator was 43% (58 manats) of the minimum living costs in 2006 and 58% (116 manats) of the minimum living costs in 2013. The amount of the benefit covers 64% of the minimum wage in 2013. Disability benefit is assigned when a person is unable to work, whose disability is defined and has no right to get a labour pension. For these reason causes of disability is determined more precisely in definition of the benefit amount. Categories, reasons and period of disability are defined by the Medical Social Expert Commission under MLSPP and the amounts are different depending on the above mentioned reasons. The table below indicates reasons of disability and assigned benefit amounts.

Table 1:Dynamics of disability benefit amounts in different years

Reasons of disability Disa 200 2007 2008 2009 201 2011 201 201 bility 6 0 2 3 grou p Amount (manat) Disability as a result I 25 35 50 50 55 60.5 60.5 67 of “general disease”, “disease related to military service”, II 20 25 35 35 40 44 44 50 “accidents at work an d = occupational III 15 20 30 30 35 38.5 38.5 43 diseases”, “due to being in the military operation area”, “due to the eliminating results of the accident at Chernobyl Power 30 ADVANCE UNEDITED VERSION

Plant”, “childhood disability”

Disability caused due I 65 75 75 75 75 75 75 83 to “the defense of territorial integrity, independence and II 55 60 60 60 60 60 60 66 constitution system of the Republic of III 50 55 55 55 55 55 55 60 Azerbaijan” and “events of January 20, 1990”

Disability “due to I 60 70 70 70 70 70 70 77 military service in Chernobyl Power II 55 60 60 60 60 60 60 66 Plant” or “due to III 40 45 45 45 45 45 45 50 military service implementation”

As it was indicated on the Table, there stable rise has been observed in the benefit amounts due to the reasons as “general disease”, “disease related to military service”, “accidents at work and occupational diseases”, “due to being in the military operation area”, “due to the eliminating results of the accident at Chernobyl Power Plant” and “childhood disability” during the last 6 years. If you compare amounts of above mentioned benefits correlation to the minimum living cost, it will be observed that benefit for the disability group I covered 43 percentage of the minimum living cost in 2006 and 58 percentage of the minimum living cost in 2013. For disability groups II and III this numbers covered accordingly 34%, 43% and 26%, 37%. The amount of benefits for persons with disabilities caused by other reasons were comparatively stabile, but was increased by the Order of the President in 2013. Amount of benefits for the disability group I caused by the results as “the defense of territorial integrity, independence and constitution system of the Republic of Azerbaijan” and “events of January 20, 1990” has become higher than minimum living cost (58

31 ADVANCE UNEDITED VERSION manats). But this indicator covered 72% (116 manats) of the minimum living cost in 2013.

30.Has it been considered organizing of trainings for parents of children with disabilities, including assistance and other social benefits schemes, as well as looking after children at home?

(30) There is not any type of benefits for parents of the children with disabilities according to the Legislation. As mentioned above this benefit is given only to children with disabilities under 18. But along with that benefits, Targeted Social Assistance (TSA) is being implemented in the Republic since 2006 and till October 1, 2013, 134 711 family consisting of 592361 family members has got this benefit. Amount of the TSA is 28.1 manats per person and 123.68 per family. 1.6% (9232 persons) of the beneficiary family members consists of children with disabilities under 18 and 3.6 % (9232 persons) of them consist of persons with disabilities over 18.

Competitions on 15 priorities directions have been hold for implementing Regulations on giving public orders to municipalities, physical or legal entities, also to NGOs and 09 January 2013, No 2653 Order of the President of the Republic of Azerbaijan on Additional Activities on services to the children with disabilities and persons in social dangerous situation under mature age. 6 of the above mentioned competitions consider service to the children with disabilities:

Establishment of community rehabilitation centers in 3 regions (cities) for children with disabilities;  Mobile rehabilitation services in 10 regions (cities) for children with disabilities;

 Preventing of disability on children (ages 0-7) and social rehabilitation of children with disabilities by Portec method in 4 regions (cities);

Social rehabilitation of children with disabilities (Down syndrome) in Baku city;

 Rehabilitation of children with disabilities by modern physiotherapy and psycho social methods in Baku;

 Establishing of Center for support to the psycho-physical development of the children with abilities. 32 ADVANCE UNEDITED VERSION

 The project was started according to the results of the competition. In the framework of the project trainings are envisaged with the purpose to develop families’ knowledge and skills in the area of integration of children with disabilities into society, mobile social-psychological rehabilitation of children with disabilities, to coordinate and support families, to improve social skills of parents who have children with mental deficiency and to reveal capabilities and potential of families in solving children’ problems.  The number of children with disabilities who took the advantage of the Centers for Support of Children and Families of the State Committee for Family, Women and Children Affairs reached 424 in 2013. Specialists of the Centre (psychologist, specialists on development of children) develop social life skills of children, do psychological and social evaluation of families which have children with disabilities to ensure security for children to the full extent and provide appropriate support to strengthen such families. Specialists of the Centre on a constant basis carry out psychological consultations for families and hold enlightenment trainings on child development and approaches to disabilities. In those Centers children participate in various hobby groups depending on their interests in languages, art, computer skills, chess playing, needlework, drawing and knitting. With the help of those Centers were solved social problems of families of 87 children with disabilities and health problems of 38 children. During years 2012-2013, 30 children were supported by providing with wheelchairs, 46 children - with orthopedic footwear, 7 children - with hearing aids.

Participation in political and social life (Article 29) 31. Does member state envisage abolition or amend of regulation which take place in national legislation on deprivation of right to vote of persons who considered by court legally incapable (paragraph 248)? Accumulation of statistics and information (Article 31) 32. Please, explain the process of determination of persons with disabilities and what the process of the previous census from 2013 was. Please, give information on proceeding to new method of census oriented to meet the goals of the Convention to the full extent. (32) According to the Article 4-1 of the Law of the Republic of Azerbaijan “On prevention of disablement, rehabilitation and social security of disabled persons and children” individual with limited functions, who needs social assistance and protection due to congenital or injury/illness caused physical or mental deficiencies is recognized a

disabled person via conclusion made by the medico-social expert commission upon implementation of expert examination. Criteria for determination of disability of persons is regulated by the Decree of the Cabinet of Ministers No. 99 dated 27 of August 1997. According to Statute, decision on disability is totally based on comprehensive assessment of clinical, psychological, social, and domestic and professional factors and person’s capability for rehabilitation. During that assessment process is also taken into account the character of disease, level of functional disability, effectiveness of medical treatment and rehabilitation measures, condition of compensatory (substitution) mechanisms, clinical and labor predictions, social accommodation (adaptation) possibilities, necessity in various types of social aid, work conditions and nature of work itself, professional development, age etc. Upon examination by medico-social expert commission individuals go through comprehensive check-up regardless of nature of disease and dysfunction. To assess objectively health state and level of social accommodation of individuals, medico-social expert commissions use results of functional and laboratory examinations, ask patient questions, analyses necessary documents. Examination of patients bases on medical ethics and principles of deontology including professional activity, personal characteristics and social accommodation capabilities.  Responsible departments of the Ministry of Labor and Social Protection of Population accumulate information on health condition, education, employment, social conditions of registered children and persons with disabilities. The unique database system is in the process of its development to work actively in medical and social sphere on the country level with disabled persons and gather thorough information about them. Recently, information on about 250 thousand persons with disabilities has been collected in the database.  International cooperation (Article 32)  31. Please, provide with information about international cooperation projects in the area of ensuring participation of disabled persons in Azerbaijan’s inclusive development.

 (33) Work Plan on Child protection system reforms covering 2012-2013 years and signed among the Ministry of Education, the Ministry of Labor and Social Protection of Population and UNICEF Azerbaijan is in the process of its implementation. That document was issued to support social protection reforms in Azerbaijan and aimed to review existing standards and guidelines concerning execution of UN Convention on “The rights of persons with disabilities”, development of local potential on social work,

social protection and child care system, also standards and instructions in providing needs of vulnerable families and children and prepare new ones.

 Execution and monitoring at national level (Article 33)

34.We kindly ask you to send us information about the working group created under the Ministry of Labor and Social Protection of Population in order to provide the implementation of the Convention paragraphs along with other information. What are the achievements of the working group (Paragraph-227)

(34) Working group was established by the decree No-2 and 3 of the board of Ministry of Labor and Social Protection of Population on May 11, 2010, from the members of the State and NGO representatives that holds meetings not less than 2 times in a year in order to coordinate the provisions of the implementation of UN Convention on the “Rights of the Persons with Disabilities” and takes all necessary measures to coordinate and to make the works done in time the activities indicated in the Convention. The working group is chaired by the deputy minister.