Azərbaycan Respublikası Ali Məhkəməsi

Seminar on consideration of respect for personal life and aspects of family law and of the best interests of the child in various categories of works protected by Article 8 of the European Convention on Human Rights
  • On April 27, 2019 a seminar was held in the Supreme Court of the Republic of Azerbaijan on consideration of respect for personal life and aspects of family law and the best interests of the child in various categories protected by Article 8 of the European Convention on Human Rights for the effective application of the European Court's experience by national courts with the participation of Judges of courts included in the Baku jurisdiction, representatives of the executive power, as well as representatives of the State Committee for Family, Women and Children Affairs and the Center of Forensic Examination of the Ministry of Justice of the Republic of Azerbaijan.

    The seminar was opened by Kamala Aliyeva, Head of the Department of Human Rights and Public Relations of the Supreme Court and then the judge of the Civil Collegium of the Supreme Court, Sanan Hajiyev made a speech to give an overview of the scope of Article 8 as well as aspects of personal and family life. S. Hajiyev made a detailed speech  on the Rights protected by Article 8, paragraph 1, the rights falling within the scope of Article 8 in other international instruments, the aspects of the concept of "personal life" in terms of the context of the European Court, the right to physical and mental integrity of the person, the right of freedom to make one's own decisions, collecting, storing, using and presenting personal information, the right to respect for the honor, dignity, reputation and redemption of a person, as well as the concept of "family life", as well as "family life" concept and its meaning, the families which fall within the scope of Article 8, marriage and concubinage, continuation of family life without blood relatives and other relationships in family life

    Speaking in the second part of the seminar, Elshana Valiyeva, Judge of the Supreme Court's Arbitration Panel, analyzed experience of the European Court in the consideration of the best interests of the child in various categories of cases. E. Valiyeva emphasized the importance of the child's interests when making decisions about children, and drew attention to a number of decisions of the European Court of Human Rights. Further, Valiyeva spoke about the position of the European Court on the cases such as the right of communication between child and parent, having custody of the child, failure to execute a court decision to grant custody of the child, protecting the relationship between the child and both parents, the right to meet the child, the legality of the refusal to grant the right of meeting the illegitimate child, adoption of the child living in an inadequate environment from his parents, prohibition of exercising parental rights, the child's departure by his/her mother to any foreign country without the consent of the father of the child.

    During the event the current issues were discussed, exchange of views was held on the topic, as well as, some suggestions were given on measures to be taken to solve the problems.

    Materials on the seminar can be downloaded from this link.

  • 27.04.2019

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