M. van Klaveren, K.G. Tijdens, M. Hughie-Williams and N.E. Ramos Martin
11.4%, implying for Azerbaijan the 94th rank among 135 countries. A few women held senior government
positions, but in deputy roles, including deputy speaker of parliament, several deputy ministers, and deputy
chair of the Central Election Commission (website Inter-Parliamentary Union; website AGIC; wikipedia
Women in Azerbaijan). The situation as of 2004, when women occupied less than 12% of senior manage-
ment positions in government (ADB 2005, 60-1), seems to persist.
The Constitution of Azerbaijan guarantees equality and rights for all citizens; Article 25 specifically
prohibits any restriction of these rights on the grounds of gender. Principles contained in the Employment
Code, the Penal Code and the Marriage and Family Code all stem from the Constitution, thereby further
sanctioning equal rights and freedoms for men and women. In October 2006 Azerbaijan passed a law on
gender equality, which defines gender-based discrimination as any distinction, exclusion or restriction exer-
cised on the basis of gender. Azerbaijani women within the family have a relatively high level of protection.
The minimum legal age for women to marry is 17 years. Polygamy is prohibited by law. The Penal Code
also prohibits any attempt to oblige women to enter into marriage or polygamous relationships (website
OECD-SIGI).
Parental authority is covered by Articles 56 to 61 of the Family Code, which stipulate that both parents
have the same rights and responsibilities in caring for and educating their children. Nonetheless, traditional
norms and culture restrict women in a subordinate role. In general, men are considered the head of the fam-
ily and have sole control over all aspects of family life. By contrast, women are expected to seek agreement
from their husbands before making important decisions. The law on inheritance reflects legislation granting
spouses equal property rights. It awards preference to the surviving spouse, thereby ensuring that the spouse
receives shares equal to that of the children and parents of the deceased. Regardless of what the will of
the deceased states, a portion of the inheritance must pass to the surviving spouse — and must equal at least
half the share to which the spouse would be legally entitled. Widows are free to decide whether they wish to
remarry and, indeed, who to wed. Concerning ownership rights, Azerbaijani women have the right to pursue
economic independence. Access to land is a guaranteed right for all Azerbaijani citizens, regardless of gen-
der. There are no legal restrictions on women’s access to property other than land and no statutory limits on
their access to bank loans. Both spouses have the same rights of ownership and tenure of the couple’s joint
property, whether such property was acquired with the husband’s or wife’s income (website OECD-SIGI).
Women NGOs argue that in Azerbaijan women are expected to function primarily within a family, and that
single women are widely perceived as a failure once they have passed the marriageable age of 21 to 23 years.
Page • 18