Country profile AZE
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1999-12-30 | C182 | Criminal Code - Article 170 | [{"link_name":"Criminal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/64893/AZE-64893.pdf"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 170 of the Criminal Code addresses the general prohibition against involving minors in any criminal activity. This includes a wide range of illicit activities and is aimed at protecting minors from being exploited for criminal purposes. It does not specifically address the production and trafficking of drugs. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1999-12-30 | C182 | Criminal Code - Sections 84.1, 171 and 242 | [{"link_name":"Criminal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/64893/AZE-64893.pdf"}] | No | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 171 of the Criminal Code explicitly prohibits involving minors in prostitution and establishes criminal liability for those who engage in such activities. A "minor" is defined as a person who has not attained the age of 18 (section 84.1 of the Criminal Code). Section 242 prohibits the manufacture, distribution, and advertising of pornographic material. However, it does not specifically prohibit the use, procurement, or offering of children in the production of pornographic materials or performances. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2011-12-23 ; 1999-12-30 | C182 | Law of Military Duty and Military Service ; Criminal Code - Article 116.0.5 | [{"link_name":"-Law of Military Duty and Military Service","source_link":"https://www.legal-tools.org/doc/043a36/pdf/"},{"link_name":"-Criminal Code","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/64893/AZE-64893.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Mandatory military service is required for male citizens between the ages of 18 and 35. Citizens of Azerbaijan who have not fulfilled their military service obligation may face fines or arrest. Article 116.0.5 of the Criminal Code prohibits the recruitment of minors into the armed forces. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1999-12-30 | C182 | Criminal Code - Section 144–1.2.3 and Article 144-1 | [{"link_name":"Criminal Code","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/64893/AZE-64893.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Section 144–1.2.3 of the Criminal law prohibits the trafficking of children for labour or sexual exploitation. Article 144-1 of the Labour code criminalizes human trafficking and outlines severe penalties for those found guilty of such crimes. It specifically addresses trafficking for the purposes of sexual and labor exploitation. Paragraph 144-1.2.3 specifies that the exploitation of children (persons under 18 years old) constitutes an aggravated circumstance, leading to harsher penalties. |
| List of hazardous activities prohibited for children | 2000-03-24 | C138 & C182 | Decision No. 58 | [{"link_name":"Decision No. 58","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=106493&cs=1IGjynRSNwatdp_MOwo3eLJu40jIDTkuYKJpKOlIdVl4Rmqz48E_q2xy7PdpEtCqfE3S5uIQIw4hy0Eq311avzw"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The detailed list of industries and jobs with arduous and hazardous conditions prohibited to persons under 18 was established pursuant to Decision No. 58 of the Cabinet of Ministers of the Republic of Azerbaijan on 24 March 2000. This list includes over 200 prohibited tasks for individuals under 18, spanning 35 fields of work. |
| Minimum age for hazardous work | 1999-02-01 | C138 & C182 | Labour Code - Article 250 | [{"link_name":"Labour Code","source_link":"http://ask.org.az/wp-content/uploads/2018/11/Labour-Code-of-the-Republic-of-Azerbaijan.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 250 of the Labour Code stipulates that it is prohibited to employ persons under 18 years old in jobs with difficult and hazardous work conditions, including underground tunnels, mines, and other underground jobs, as well as in places such as nightclubs, bars, and casinos, which could be detrimental to their development. It is also prohibited to employ them in places where alcoholic beverages, narcotic substances, and toxic materials are handled, kept, or sold, and where the circulation of narcotic drugs, psychotropic agents, and their precursors occurs. Furthermore, it is prohibited to employ persons under 18 years old, who are subject to the Law of Compulsory General Education, in jobs that may deprive them of the opportunity to receive this education in full. |
| Minimum age for admission to apprenticeship | 1999-02-01 | C138 | Labour Code - Section 258(2) | [{"link_name":"Labour Code","source_link":"http://ask.org.az/wp-content/uploads/2018/11/Labour-Code-of-the-Republic-of-Azerbaijan.pdf"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | According to section 258(2) of the Labour code: "In special cases in family businesses, teenagers between the age of 14 and 15 may work. They may not, however, do heavy or dangerous work or work at night. At these ages, teenagers may perform only small jobs or apprenticeships. " |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2009-06-19 | C138 | No information | [{"link_name":"-Azerbaijan Law on Education","source_link":"https://ascca.gov.az/storage/pages/November2020/mZXztgtHN9hkZC7XIW7t.pdf"},{"link_name":"-CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4116117,102556"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | According to Article 5.4 of the Azerbaijan Law on Education: "the state secures the right to compulsory general secondary education for each citizen" In its CEACR Observation, adopted 2021 on C138, "The Committee notes the Government’s indication that raising the minimum age from 15 to 16 years would restrict the existing opportunity to work for children who have reached 15 years of age, which is the age of completion of compulsory education." |
| Light work - Determination of types and conditions of activities | 1999-02-01 | C138 | Labour Code - Article 249 | [{"link_name":"Labour Code","source_link":"http://ask.org.az/wp-content/uploads/2018/11/Labour-Code-of-the-Republic-of-Azerbaijan.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Article 249 of the Labour Code describes light duty works as works 'which pose no hazard to their health' but does not precisely determine the list of light work that may be carried out. |
| Minimum age for light work | 1999-02-01 | C138 | Labour Code - Article 249 | [{"link_name":"Labour Code","source_link":"http://ask.org.az/wp-content/uploads/2018/11/Labour-Code-of-the-Republic-of-Azerbaijan.pdf"}] | 14 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Article 249 of the Labour code states that Persons under 15 may not be employed and that in order to provide the youth with work experience, the students of high schools, vocational schools, lyceums or medium specialty education institutions who have reached the age of 14, upon the written consent of their parents or people replacing them, can work at after school hours in light duty works which pose no hazard to their health. |
| Minimum age for admission to work | 1999-02-01 | C138 | Labour Code - Section 42(3) ; Section 249(1) | [{"link_name":"Labour Code","source_link":"http://ask.org.az/wp-content/uploads/2018/11/Labour-Code-of-the-Republic-of-Azerbaijan.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Section 42(3) of the Labour Code allows a person who has reached the age of 15 years to be part of an employment contract, and Section 249(1) specifies that “persons who are under the age of 15 shall not be employed under any circumstances." |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 30-MAR-2004 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 19-MAY-1992 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The National Action Plan against Trafficking in Persons (NAP) for 2020–2024 aims to: (i) improve the legislative and institutional framework, (ii) ensure the effective prosecution of trafficking offences, (iii) strengthen international cooperation, and (iv) raise awareness about trafficking in persons. Section 4.5 of the NAP specifically outlines various activities to enhance the protection of child victims or potential child victims of trafficking. | [{"link_name":"National Action Plan against Trafficking in Persons","source_link":"https://insanalveri.gov.az/?/en/menu/9/"}] | 2020–2024 | National Action Plan against Trafficking in Persons | Main Department of Combating Trafficking in Persons |