Addressing Unequal Protection: UN Demands Change for Women and Girls with Disabilities in Azerbaijan
Updated: May 2024
In February 2024, together with Public Union “Clean World” Aid to Women, Independent Living Center for People with Disabilities, and Rovshana Rahimova, we sent a report on sexual violence against women and girls with disabilities in Azerbaijan to the UN Committee on the Rights of Persons with Disabilities. A month later, the Committee published its recommendations, which were in line with several of those we made in our joint submission.
Lack of Protection for Women and Girls with Disabilities
We drew the Committee’s attention to the fact that Azerbaijan’s laws lack explicit protections for persons with disabilities, including for survivors of sexual violence. Additionally, inadequate implementation and enforcement of existing legal frameworks in relation to sexual violence remain a problem. As a result, women and girls with disabilities, who are survivors of sexual violence, face significant barriers in accessing justice, including legal barriers, burdensome procedures, negative stereotypes, and a lack of reasonable and procedural accommodations to enable their effective participation in proceedings.
“Stigma and discrimination against people with disabilities must be eradicated, and women with disabilities must actively participate in all aspects of society, rather than remain in the shadows and invisible,” underlines Leyla Suleymanova from Public Union ‘Clean World’ Aid to Women.
We highlighted that the legislation in Azerbaijan lacks a consent-based definition of rape contrary to international standards. Burdensome evidentiary standards, patriarchal attitudes among law enforcement and judicial officials, and the lack of gender-sensitive protocols deny access to justice for survivors and lead to their re-traumatization.
During the 30th session of the UN Committee on the Rights of Persons with Disabilities (CRPD) in Geneva, a delegation from Azerbaijan presented the national report on the implementation of the provisions of the Convention on the Rights of Persons with Disabilities.
Action Steps Outlined by the UN Committee
After considering Azerbaijan’s report and the reports of human rights defenders, the Committee published its recommendations to Azerbaijan in March 2024.
“In my opinion, the recommendations and the changes that Azerbaijan must now implement are of great importance for Azerbaijan: they will enable people with disabilities to live independently and participate fully in society. Addressing common forms of violence against people with disabilities, including gender-based violence and trafficking, is also important to ensure their safety and well-being. It is important to provide comprehensive support to the survivors of violence,” says lawyer Rovshana Rahimova.
Among others, the Committee indicated that the authorities of Azerbaijan should:
- Ensure that persons with disabilities, including women and girls with disabilities, have information in accessible formats about how to prevent, recognize, and report cases of violence and about available complaint mechanisms and remedies, including compensation and rehabilitation, and ensure that they have access to support available for victims of violence;
- Amend the Law on the Prevention of Domestic Violence with the aim to include specific requirements for women and girls with disabilities;
- Incorporate in legislation a definition of rape based on lack of consent that covers any non-consensual sexual act and takes into account all aggravating circumstances in line with international human rights standards, criminalize marital rape, and adopt legal procedural guidelines for the repeal of the “corroboration rule” in rape cases, including in relation to women with disabilities;
- Repeal provisions in the Code of Criminal Procedure that deprive persons with intellectual and/or psychosocial disabilities from testifying as witnesses in criminal proceedings;
- Develop gender-responsive, procedural, and age-appropriate accommodations for women and children with disabilities in cases related to gender-based violence, including sexual violence, and address stereotypes and physical barriers preventing access to justice by women and girls, and boys with disabilities;
- Ensure that data collection systems inform policies to prevent violence, exploitation, and abuse against persons with disabilities and that it is disaggregated by age, sex, gender, disability, ethnicity, migrant status, refugee status, and the relationship between the victim and the perpetrator.
“We are very pleased that the CRPD Committee relied on our alternative report and gave authorities of Azerbaijan subsequent recommendations. In particular, the Committee recommended that Azerbaijan abolish the problematic forced-based definition of rape, explicitly criminalize marital rape, adopt legal procedural guidelines for the repeal of the “corroboration rule” in rape cases, and develop gender-responsive, procedural, and age-appropriate accommodations for women and children with disabilities in cases related to gender-based violence to ensure access to justice for women and girls with disabilities,” underlines Equality Now’s Eurasia Legal Advisor Dariana Gryaznova.
Continued Advocacy for Women and Girls with Disabilities
“The recommendations also highlight the importance of ensuring that persons with disabilities, including women and children, can participate effectively in legal proceedings by repealing provisions that prevent them from testifying as witnesses. Developing gender-responsive accommodations and addressing stereotypes and physical barriers to accessing justice is crucial for ensuring that women and girls with disabilities can navigate the legal system safely and effectively,” explains disability issues expert Aydin Khalilov from the Independent Living Center for People with Disabilities.
We welcome the recommendations made to Azerbaijan by the UN Committee on the Rights of Persons with Disabilities and will continue our work to help Azerbaijan implement them.
