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Human Rights Law In Public Administration Of Azerbaijan
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Human Rights Law In Public Administration Of Azerbaijan

After regaining its independence Republic of Azerbaijan was able to reform and develop its constitutional law and legislation to the international standards and thus the countdown of the human rights law in public administration of Azerbaijan should start from these reforms. Key moment of such reforms was the adoption of the Constitution of the Republic of Azerbaijan in 1995.

At the same time human rights institutions and mechanisms were also developing when Azerbaijan was a part of the Soviet Union. First of such developments was the adoption of the Constitution of the Soviet Socialist Republic of Azerbaijan in 1921, that was later amended in 1925 to reflect the Constitution of USSR. Last Constitution of Soviet Azerbaijan was adopted in 1978. And though human rights in public administration of today’s Azerbaijan are incomparably different from the Soviet period, these socialistic constitutions played their own role in the development of human rights law in public administration of the contemporary Republic of Azerbaijan.

Despite relatively short history of public administration development Republic of Azerbaijan possesses one the most progressive human rights systems. First that should be mentioned when reflecting the public administration and state building in Azerbaijan in the human rights sphere is the provisions of the Preamble of the Constitution of the Republic of Azerbaijan of 1995. One of the provisions declares that first of the intentions of the people of Azerbaijan is: ”to remain faithful to universal human values, to live in peace and freedom with all the nations of the world and co-operate with them for this purpose”. This provision ultimately binds the Republic of Azerbaijan with international values and standards (and thus with international human rights law), as that provision actually reaffirms the strive to the purposes and goals of the United Nations reflected in the article 1 of its Charter. That in mind it is evident that the Republic of Azerbaijan shows its adherence to the goals and values of international community, not least of which is universal implementation and enforcement of human rights. Such approach is common to the modern constitutions that have been forged in the time of contemporary international law that is now indefeasible.

At the same time human rights are not just goals and principles of public administration in Azerbaijan – they are one of the pillars of the statehood of the Republic of Azerbaijan – one of the basic ideas of the state. Such conclusion originates from Chapter II of the Azerbaijan’s basic law that deals with the basis of the state. Article 12 of the Constitution of Azerbaijan is the defining principle of all human rights concepts in Azerbaijani state. It provides that implementing rights and liberties of a person and a citizen, is the highest objective of the State. That kind of approach is one of the most progressive in contemporary public administration. In constitutions of many other states the ensuring human rights is set as an obligation of the state. Azerbaijani law on the other hand proclaims such principle as a highest goal of the state, its ideal, to which the state will ultimately strive forward as opposed to plain obligation to its people or international community.

Second part of that article reaches even further. It directly links human rights objectives of Azerbaijan with international human rights, providing that rights and liberties listed in the Constitution of the Republic of Azerbaijan are implemented in accordance with international treaties wherein the Azerbaijan is one of the parties. In other words – in accordance with basic international human rights standards. The creation of such links is common to only most progressive contemporary constitutions.

The basic principle of human rights standard in Azerbaijani public administration is set in the Article 24 of the Constitution of 1995 that vanguards its Chapter III. That article points out that: “Everyone, from the moment when they are born possesses inviolable and inalienable rights and liberties”. At the same time that article goes beyond the continuity of the “western” doctrine of human rights and shows that it also incorporates the eastern approach common for Asian constitutions. Provisions of aforementioned article proclaim that: “Rights and liberties envisage also responsibility and obligations of everyone to the society and other persons”. In other words it is actually provided that rights and freedoms of the person are only limited by human rights of other people and, what is also important, by the responsibility to the society.

That in mind, by acknowledging that person inherits its rights and freedoms from birth Azerbaijan accepts the concept of natural law binding its public administration to the basic principle of international human rights law.


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