Child Rights, Legislation and Parental Responsibility: What We Need to Know?
Parental responsibility is understood as the right and responsibility of the parent (father, mother, legal representative).
The role of both parents is important in the upbringing process of the child, as a worthy individual in society. Both parents must share this responsibility equally.
Who is responsible for children in need of attention and care?
Relevant articles of the Family Code of the Republic of Azerbaijan are aimed at protecting the rights and interests of the child. Thus, Article 49 of the Code states that every child has the right to live and be brought up in a family, has his/her interests been ensured, and develop comprehensively.
According to the Article 51 of the Family Code, a child may apply to the relevant executive authority to protect his/her rights, and when he/she reaches the age of 14, to a court in cases of abuse of parental rights. Article 52 of the same code gives the child the right to express his/her opinion in resolving any issue affecting his/her interests in the family.
Article 58 of the Code deals with the rights and responsibilities of parents in the upbringing and educating children and emphasizes that parents have a duty to bring up their children, as well as responsibility for their mental, physical and spiritual development. It also does not exclude cases of state interference, for the provision of the best interests of the child. Thus, the state can intervene in cases where the rights of the child are violated and his/her interests are not taken into account. The Code also stipulates that if there is a conflict between the interests of parents and children, the relevant executive authority must appoint a representative to protect the rights and interests of children.
The Family Code states that parental rights can never be exercised against the interests of children. That is, parents should not allow their children to be exploited, insulted, degraded, any cruelty, rudeness, or indifference against them. One of these measures of responsibility is the deprivation of parental rights.
General secondary education is compulsory in our country. Paragraph II of Article 42 of the Constitution of the Republic of Azerbaijan contains the provision "The state guarantees the right to free compulsory general secondary education." At the same time, Article 22 of the Law of the Republic of Azerbaijan “On the Rights of the Child” states that deprivation of children from compulsory general secondary education is prohibited.
In order to increase parental responsibility, Articles 189 and 512 of the Code of Administrative Offenses provide liability of parents who failures to fulfill the duties of upbringing, educate minors and hooliganism acts of minors.
Another form of parental irresponsibility is forcing young children into unofficial marriages at early age by depriving them from education. According to Article 176-1 of the Criminal Code, parents or their legal representatives may be sentenced to imprisonment for forcing to marry and for committing the same acts against a minor.
It should be noted that, in accordance with the Presidential Decree No. 1361 of May 3, 2017, on the approval of the "List of officials authorized to compile protocols on administrative offenses considered by district (city) courts", The State Committee Family, Women, Children Affairs has been empowered to apply a protocol to educators for involving students activities not related to the educational process.
In reality, although violations of this provision by parents are more common, sanctions are intended only for educators. Thus, the involvement of students in activities not related to the educational process leads to administrative liability under Article 181.0.3 of the Code of Administrative Offenses.