Our guests at the "round table" on early marriage organized by "XQ" together with the State Committee on Family, Women and Children's Problems were Araz Poladov, Rustam Gasimov, Member of the Milli Majlis, Vugar Iskanderov, Member of the Milli Majlis , Department Head of the State Committee on Women and Children's Problems Taliya Ibrahimova, Chief Inspector of the Ministry of Internal Affairs for particularly important tasks, Police Major Emin Nasirli, Deputy Head of the Executive Power of Sabunchu District of Baku Rena Valiyeva, public under the State Committee on Family, Women and Children's Problems the deputy chairman of the council was Naila Ismayilova and the chairman of "Citizens' Labor Rights League", human rights defender Sahib Mammadov.

Aflatun Amashov, editor-in-chief of "Xalq" newspaper, greeted the guests and said that early marriage is one of the painful problems in Azerbaijani society today. This is sometimes due to the girls' own wishes, sometimes due to the pressure of their parents, as well as the difficulty of the financial situation in the family and other reasons. It is true that there are good reasons for such a worrying issue, and in such cases, the relevant executive authority allows the marriage age to be reduced by 1 year as a way out. In fact, such a situation leads to certain cases of abuse later, causing an increase in the number of early marriages. In general, these cases increase concerns about known issues in society. Such problems, which are covered in the media from time to time, show that the issue in question is not taken seriously.

Aflatun Amashov noted that although most of the listed problems related to early marriage have been eliminated, there are still a number of shortcomings in this area. Therefore, the mentioned issue is always on the agenda of the State Committee on Family, Women and Children's Problems. The institution, together with the relevant committee of the Milli Majlis, takes a sensitive approach to this problem and keeps in mind the implementation of certain additions and changes to the legislation in accordance with the requirements of the time.

It is necessary to improve the existing legal framework related to the prevention and punishment of these cases. Among other things, it is proposed to abolish the exception related to the reduction of the marriage age and to determine the responsibility for holding ceremonies that result in early marriage.

The editor-in-chief invited the guests to a business-like and productive discussion and emphasized that publishing articles related to certain difficulties in all areas of the country's social life, as well as the problem of early marriage, is a priority in the editor's activity. Today's "round table" is a kind of continuation of that series.

Rustam Gasimov:

- Early marriage is really a painful problem. But what is the task set before us in this regard? Regarding the answer to the question, first of all, I can mention that there are many expectations from the legislation. This is also normal. But this issue is not a legislative issue. It is mainly a social, cultural and at the same time psychological issue. Legislation approaches this problem with the principle of assistance.

Biz ekspertlərin, müvafiq orqanların təqdim etdikləri məlumatlara, habelə müəyyən layihələrə, təkliflərə əsaslanaraq, erkən nikahın qarşısının alınması məqsədilə müəyyən balanslı bir nəticəni əldə etməyi qarşıya önəmli məqsəd kimi qoyuruq. Bu məsələ istər mediada, istərsə də rəsmi toplantılar­da daim müzakirə edilən bir mövzudur. Yeri gəlmişkən, nikahın 18 yaşdan 17 yaşa qədər azaldılmasını müəyyən is­tisna hallarda komitənin rəyini almaq şərtilə saxlamağı təklif etmişdik. Bu dəfələrlə müzakirə də edilmişdi. Bun­dan məqsəd nə idi? nikahın 18 yaşdan 17 yaşa qədər azaldılması nə dərəcə­də məqbuldur? Orada da heç kimin bu azaldılmanın tərəfdarı olmadığı görü­nürdü. Bildirilirdi ki, belə də sui-istifadə halları olur, heç bir səbəb göstərilmədən nikah 18 yaşdan 17 yaşa salınır, azyaş­lıların evlənməyinə şərait yaradılır. 

Onu da qeyd edim ki, bu məsələdə heç Ailə, Qadın və Uşaq Problemləri üzrə Dövlət Komitəsinin də rəyi soru­şulmur. Bir orqan qərar verir, onun üzə­rində nəzarət mexanizmi yoxdur. Bu məsələdə sui-istifadə hallarına yol ve­rilirsə, kimi cəzalandırmaq, bunu hansı formada etmək lazımdır? Cəzalandırma nə qədər sərt olmalıdır, yaxud nə qədər yumşaq olmalıdır? Və hansı qanunve­ricilik çərçivəsində olmalıdır? Cinayət Məcəlləsi, ya İzibati Xətalar Məcəllə­si əsasındamı? Ümumiyyətlə, suallar çoxdur və məsələ də təkcə məsuliyyət məsələsi deyil. Qanunvericilikdə hansı başqa addımları atmaq mümkündürsə, məmnuniyyətlə o barədə fikirləri də din­ləməyə hazırıq.

Araz Poladov:

- We see problems mainly in two directions. First, there is a procedure for reducing the age of marriage in legislation, the expediency of lowering the age from 18 to 17 in this area, and the second is the determination of forcing early marriage and certain disincentives for engagement. Our initial position was that the age of 17 could be legislated. Because when we examined the international practice, we found that in most developed countries, the procedure of lowering the age of marriage from 18 to 17 is allowed with the consent of the relevant executive authority, the court, and the parents. It is also possible to observe this in Europe, USA and Asian countries. In this regard, our initial position was that abuses in this area should be prevented and state control should be strengthened. Therefore, it was proposed to get the opinion of the State Committee on Family, Women and Children's Problems. However, during the public debate, such a position emerged that the marriage age should not be reduced from 18 to 17. Let 18 years of age be established without any exceptions in this matter. In our opinion, this is also possible, but it is the legislative body that decides on it, and it is that body that gives the last opinion on the proposal.

The second issue is the prevention of getting engaged at the age of 13, 14, 15, or even 12, and actually entering into a marriage relationship. In any case, the state does not register marriages between the ages of 18 and 17. But observations show that such cases exist. The engagement of a 12-year-old girl in Sabirabad and the occurrence of other such negative situations are a clear expression of this. True, engagement does not include cohabitation, so to speak, it means a kind of agreement to marry.

The legislation does not define the status of engagement. But the prevention of such situations, of course, makes us think seriously. There is also a dual approach here. First, the engagement of persons under 16 years of age and the negotiation of marriage should be prohibited within the framework of the Criminal Code, and those who create conditions for forced engagement and marriage should be held liable with a certain fine. The second approach is to determine administrative liability, since engagement is a less dangerous act.

Vugar Iskanderov:

- I am in favor of strict laws in all areas. Because the world has a path of formation. Today, there are countries in the West that are sensitive to the concept of a precise, just people and state, a disciplined society. Their past is perhaps related to barbarism. But how was success achieved in building a progressive society today? They have reached the current stage not only through education, but also through strict legislation. For example, if we pay attention to the traffic safety situation in Azerbaijan today, it seems that everything is normal. However, this was not the case a few years ago, drivers avoided technical inspection and insurance payment. This situation required new challenges, changes in laws in the relevant field. Thus, the existing laws were changed, even the legislation in this matter was somewhat tightened. It is true that at first this was met with displeasure by some drivers, but as time passed, the strictness of the laws prevented them from avoiding the technical inspection and insurance payment. Now the positive situation in the mentioned field is visible...

Yes, the law may seem harsh and painful today, but it can play a role in the disciplined life of future generations, in other words, in their successful development. From this point of view, the listed problems related to early marriage will be solved with the strict "hand" of the law, as they say.

Sahib Mammadov:

- In one of the local executive bodies where I used to work, I stated that I was in favor of a strict procedural rule regarding early marriage, and I made it a priority for girls and boys to undergo separate medical examinations and to interview themselves and their parents. I don't see a problem with a difference of 1 or 2 years. There should be an exception. Some countries have it. According to certain regulations of the healthcare system, such a situation is possible, that is, the age limits may fluctuate.

This issue was different in the Soviet era. This was related to the provision of jobs for girls in each settlement, as well as in the capital. In other words, they could work in industrial enterprises of Baku and live in dormitories as well as in agricultural fields. Let's admit that now there are certain difficulties in this area. By the way, at this point, I would like to remind you of the result of a study we conducted at the time: girls studied up to, let's say, the 9th grade, and after the collapse of the kolkhoz-sovkhoz system, they could not go and work on farms. They had no hope of finding a job here in Baku. But what were they supposed to do? Even though his parents thought about it, they couldn't find a solution. The last decision was to marry the girl. See, this social reason resulted in those girls getting married early, which led to certain complications...

Vugar Iskanderov:

- Mr. Sahib, there are controversial issues in your opinion...

Sahib Mammadov:

- We are talking more about the result, but, first of all, we should look for the cause, and then we should talk about the implementation of the legislation.

Emin Nasirli:

– The number of early marriages used to be higher, but the offense was kept secret. Because the offenders were two close relatives. They mutually agreed and carried out this marriage. For this reason, information was not received by law enforcement agencies in time. Therefore, the action taken was delayed, and the act caused criminal liability. If we take a look at the statistics, the number of requests for early marriage has increased every year, either by people who entered into early marriage, or by parents, relatives, close neighbors, and state institutions. This is the result of the fact that sufficient educational measures have been implemented. It is as a result of such measures that appeals are received regarding the happenings.

I would like to note that in 2023, the number of appeals to internal affairs bodies related to early marriage was 50. A criminal case has been initiated on 20 of them. On 19 facts, a criminal case was initiated under Article 152 of the Criminal Code of the Republic of Azerbaijan, and on 1 fact under Article 176-1. According to Article 152, regardless of the will of the person involved in early marriage, this act is considered completed and leads to criminal liability. That is, people under the age of 16 cannot have sex. This leads to criminal liability of that person as a subject, regardless of whether the other party consents to him or not, and immediate action is taken against him. The second article -176-1 is to enter a woman into forced marriage.

In this case, the main subject of the crime is the parents. They force the child to marry the person they want. In such cases, the request is immediately responded to and action is taken. Our weakest point is the issue of 16-18 year olds. As our deputy also mentioned, if there are severe punishments in this regard, the violation of rights will disappear.

I think that enough educational events have been held, marriage is not allowed before the age of 16-18. According to the current legislation, marriage is allowed at the age of 17, only in exceptional cases. In the legislation, as specified in the Family Code, the age of marriage is set at 18. What is the punishment for violating this? We used to go to regions and remote villages. When we checked the applications related to early marriages, we saw that they have no knowledge of the law, they think that it is possible to start a family at the age of 16.

Ignorance of the law does not absolve a citizen from responsibility, but we saw that he was uninformed. Now it is a good thing that when we go to the address regarding the application, they admit that we have information, we know that we made a mistake. We see that the number of such facts is gradually decreasing. We used to have few requests. Currently, there is enough, measures are being taken. As soon as there is a request for a wedding or engagement, our employees go as a group, call the hosts of the ceremony, and have a preventive conversation. Everyone knows that. But if they are severely punished for entering early marriage, others who want to take this step will learn from it.

Aflatin Amashov:

- What type of punishment should be applied and to whom? A warning or a fine?

Emin Nasirli:

- If we talk about punishments, I think that a high amount of fine should be applied. Because if they enter into marriage by mutual consent, then both the girl and the boy are responsible. If the amount is high, they will avoid the fine. If each of them is fined 5,000 manat, it will not be welcomed. There are enough enlightening conversations. They are warned about the bitter consequences of early marriage. It has been determined by the UN that even among babies born to 20-year-old and 28-year-old women, the mortality rate is half that of children born to women in their 20s. Therefore, the health of those entering into marriage should be checked.

Sahib Mammadov:

- This is where a problem arises that makes this issue even more complicated in the future. These are selective abortions. Currently, the number of reproductive women in the country is less than men. In the next 10 years, this will be an even more serious problem, the number of girls will decrease sharply and "the girl will turn into gold". Then the parents will find a girl for their son from an early age and marry him so that he can start a family in the future. If we look at the statistics, it will be difficult to find a girl in the future. This issue should also be investigated.

Rustam Gasimov:

- We got the impression that 16-18 years old is the age of sexual freedom according to the Criminal Code. In other words, he can decide by himself. But what is the danger of 12-16 years old?

Emin Nasirli:

- Girls of that age studying in high school do not see or know the bitter consequences of early marriage. But when he sees that someone who is 2-3 years older than him, or a 17-year-old, is being punished for early marriage, he will naturally refrain, change his mind, and not take this step.

- The legal approach is that the law allows consanguineous and early marriage, but it has complications and harmful consequences. Forced marriage is defined by the Criminal Code, which states that it is forbidden to force a marriage. What about child marriage? What is the responsibility for this? The Code of Administrative Offenses states that a parent who does not fulfill the duties related to the child's education is warned and fined 40-60 manats. These issues must be distinguished.

Rana Valiyeva:

- It is mentioned in the legislation that if there is a good reason, the relevant executive authority may allow the marriage age to be reduced by 1 year. Here, the word excused cause is already problematic. Each family applying to the commission puts forward a valid reason for itself. There are various exceptions that we encounter in the work process. Illness of close relatives, parents, long-term business trip, moving to another country, and pregnancy are the most common issues of people who want to get married.

We, as the commission for the protection of the rights of minors, defend the rights of minors. When we discuss these issues, we see that neither the illness of the grandmother, nor the father, nor the issue of going on a business trip protect the rights of children.

The only case here is the issue of pregnancy, in which case we agree to lower the age of marriage. Because the marriage must be concluded in order to register the pregnant woman and take necessary measures to protect the social rights of the child. Sexual freedom between the ages of 16 and 18 also leads to early pregnancy. It also encourages the reduction of child marriage by one year. Therefore, these issues should go in parallel.

First of all, sexual freedom between the ages of 16 and 18 should be prohibited so that it does not lead to early marriage. Because if we agree to sexual freedom, then there can be sexual freedom, a parent comes and says that my daughter is pregnant, she must go to the doctor, be registered, the hospital does not accept her. In such a case, we are forced to agree to an early marriage.

The second side of the issue is the punishment mechanism. How should it be? I will say that there is a punishment mechanism, but its application is not wide. Recently, I witnessed the implementation of the punishment mechanism in one of the regions. The father was even arrested. This mechanism can go as far as restricting parental rights. Ignorance of the law does not exempt anyone from responsibility.

Among the questions presented was: education or punishment? These should go parallel, starting with education and ending with punishment. If, first of all, education is carried out, it is applied and there is no result, then the action must be concluded with the application of punishment. I remembered an example.

We all know that during the pandemic, the demand to wear a mask was imposed all over the world so that everyone can protect their health. And we were avoiding. As a result, the punishment was applied, the mechanism worked beautifully, and everyone went into the mask as one.

At the root of this is truancy. The area where impunity prevails is lack of education. This is my sore spot. Because there are many cases of truancy in our Sabunchu district. In this regard, based on the relevant article of the Code of Administrative Offenses related to parental irresponsibility, I appeal to the police to impose a fine of even 60 manats. With this, we try to prevent truancy.

We are carrying out awareness activities, we recently conducted a study that showed that 75 female students in 47 schools missed education by February during the 2023-2024 academic year. This is a very serious number. In fact, we conducted these statistics in previous years as well. We meet with parents and see that irresponsibility is at the root of truancy. They make it possible for girls to stay away from school and education with empty excuses such as "I can't bring", "she doesn't want a child", "she is behind her peers because she stays in the class, she is ashamed". The girl does not have any occupation, she sits at home, unfortunately, just waiting for the time to get married.

I think that education is sufficiently carried out by local executive authorities, non-governmental organizations, the State Committee on Family, Women and Children's Problems, and law enforcement agencies. In 2023, we will launch a big project with the State Committee on Family, Women, and Children's Issues, the Ministry of Science and Education, and the Office of the Ombudsman - "Shut up, make your voice heard!" we carried out the month. We met and held discussions with schoolchildren and parents within the framework of the month. I think that the punishment mechanism should definitely be applied in order to support education.

Vugar Iskanderov:

- The family is an institution, an important factor in the integrity of the state. This institution should be strong to raise worthy children for the society. In this regard, the problem of early marriage should be treated with sensitivity. The neglect of such an issue in some cases increases the number of divorces. In general, the issue of early marriage should be considered as a psychological point. We all remember well, once upon a time, when a parent moved a daughter, he gave her valuable advice about her loyalty to the family, and even made her understand the necessity of being attached to her husband's house and living here until his last breath. Now families live in a different atmosphere. Parents tell their daughter that if the husband does not say a word that would harm you in his house, this door is open for him, we are not dead, come back, no one can stop you from living with us again.

Let's also admit that previously divorced girls were not treated very well in the society. But now the number of divorces is high, many people consider it as a normal thing.

In a word, the strengthening of the family institution must be kept in mind. Therefore, both the psychological point should be taken into account here, and the legislative base should be strengthened in this direction.

***

According to experts, the occurrence of early marriage in many cases leads to conflicts in families, divorces and, as a result, an increase in the number of socially vulnerable groups. According to statistics, the highest number of girls under the age of 18 who got married in our republic was in 2011. At that time, the number of such girls was 5138, but as a result of raising the minimum marriage age for girls from 17 to 18 in the legislation, as well as establishing criminal liability for forcing a woman into marriage and raising awareness, this indicator has decreased since 2012. Thus, in 2019, the number of brides under the age of 18 whose marriages were registered decreased to 366, and the number of grooms was 1 person. At the same time, the number of children born to women aged 15-17 was 4,392 in 2011, and in 2019, this figure decreased to 2,320.

The State Committee on Family, Women and Children's Problems also attaches special importance to raising the level of awareness of teenagers and young people about the negative consequences of early marriage and marriage between relatives, and regularly carries out educational activities in this field.

As a continuation of the work done in this direction, the Decree of the Cabinet of Ministers of the Republic of Azerbaijan dated June 23, 2020 approved the "Regulation on the importance of family and marriage among young people, on the negative consequences of early marriage and marriage between relatives in order to protect and strengthen it." The draft of the document was prepared by the State Committee on Family, Women and Children's Problems in coordination with the relevant state bodies.

In the rule, the principles, means, directions of education about the negative consequences of early marriage among young people and marriage between relatives, the range of state institutions that carry out education and their functions are defined.

For the first time, the concepts of "early marriage", "marriage between relatives" and "negative consequences of early marriage and marriage between relatives" were explained in this document. According to the rule, early marriage is a marriage concluded with a person under 18 years of age. A marriage between relatives means a marriage concluded between persons who have a common grandfather and (or) grandmother.

Clause 1.2 of the rule describes the list of state institutions that implement measures in the field of education among young people and their duties. Thus, in part 2 of the approved Decision, according to the Ministry of Justice of the Republic of Azerbaijan and the State Statistics Committee of the Republic of Azerbaijan, marriages of young people under the age of 18 (early marriage) and between the ages of 18 and 29, including those who are considered relatives based on the information in their respective applications It is intended to take appropriate measures to ensure that the statistics of marriage violations between these young people are carried out by years.

Unfortunately, despite the implemented measures, the problem of early marriage still exists in our country, as in other countries, and is a matter of concern. Therefore, our compatriots living in Azerbaijan as well as in foreign countries, socially active people, representatives of non-governmental organizations, religious figures, in general, all members of society should be active in fighting the problem and show their support by closely participating in the prevention of these situations.

It should not be forgotten that forcing young children into early marriage and marriage, even justifying such cases during public discussions, cannot be accepted as normal for modern, democratic countries and must be unequivocally evaluated as the most obvious "example" of gender-based violence.

It should also be emphasized that in the opinion of the UN Committee on the Elimination of Discrimination against Women regarding Azerbaijan, despite the fact that the minimum marriage age for women and men in the country is set at 18 years old, the level of early marriage is high, women and girls enter into marriage only with marriage, due to the lack of official registration of early marriages, women cannot benefit from the protection provided by the Family Code.

Vagif BAYRAMOV,

Zarifa HUSEYNOVA,

Sabuhi Mammadov,

Javid GACHAYEV (photo)

XQ