Current Version
| Region | Azerbaijan |
| Issue | LGBT discrimination |
| Status | No protections |
| Start Date | Oct 10, 2006 |
| End Date | (none) |
| Description | The Law on Gender Equality (Article 2.0.5) does define sexual harassment (seksual qısnama) in employment and service relationships as immoral conduct that degrades and insults a person, arising from belonging to another sex or sexual orientation, manifested in physical actions (touching, hitting), indecent words, gestures, threats, defamatory propositions or invitations. While this definition notable for explicitly referencing sexual orientation it exists within the context of defining harassment as a form of gender-based misconduct in employment or service, and does not constitute a broader non-discrimination protection for LGBT+ individuals. Also no enforcement mechanisms or case law applying this provision to LGBT+ workers are known to exist in practice. |
| Sources | Law of the Republic of Azerbaijan on Guarantees of Gender (men and women) Equality (in Azeri) https://e-qanun.az/framework/12424 https://faolex.fao.org/docs/pdf/aze211323.pdf Unofficial translation: https://adsdatabase.ohchr.org/IssueLibrary/AZERBAIJAN_Law%20on%20State%20Guarantees%20of%20Equal%20Rights%20for%20Women%20and%20Men.pdf?ID=1360 |
Revision History (8)
edited by sruveyindex. wording update.
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| Description | The Law on Gender Equality (Article 2.0.5) does define sexual harassment (seksual qısnama) in employment and service relationships as immoral conduct that degrades and insults a person, arising from belonging to another sex or sexual orientation, manifested in physical actions (touching, hitting), indecent words, gestures, threats, defamatory propositions or invitations. While this definition notable for explicitly referencing sexual orientation it exists within the context of defining harassment as a form of gender-based misconduct, and does not constitute a broader non-discrimination protection for LGBT+ individuals. Also no enforcement mechanisms or case law applying this provision to LGBT+ workers are known to exist in practice. | The Law on Gender Equality (Article 2.0.5) does define sexual harassment (seksual qısnama) in employment and service relationships as immoral conduct that degrades and insults a person, arising from belonging to another sex or sexual orientation, manifested in physical actions (touching, hitting), indecent words, gestures, threats, defamatory propositions or invitations. While this definition notable for explicitly referencing sexual orientation it exists within the context of defining harassment as a form of gender-based misconduct in employment or service, and does not constitute a broader non-discrimination protection for LGBT+ individuals. Also no enforcement mechanisms or case law applying this provision to LGBT+ workers are known to exist in practice. |
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edited by sruveyindex. Update on Law definition
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| Description | The 2006 "Law of the Republic of Azerbaijan on State Guarantees of Equal Rights on Gender (Women and Men)" does not include any protections based on sexual orientation. Sexual orientation is not mentioned in this or any other legislation. | The Law on Gender Equality (Article 2.0.5) does define sexual harassment (seksual qısnama) in employment and service relationships as immoral conduct that degrades and insults a person, arising from belonging to another sex or sexual orientation, manifested in physical actions (touching, hitting), indecent words, gestures, threats, defamatory propositions or invitations. While this definition notable for explicitly referencing sexual orientation it exists within the context of defining harassment as a form of gender-based misconduct, and does not constitute a broader non-discrimination protection for LGBT+ individuals. Also no enforcement mechanisms or case law applying this provision to LGBT+ workers are known to exist in practice. |
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edited by sruveyindex. The previous entry cited the 2006 law as covering sexual orientation, but the law only references gender equality between men and women — sexual orientation is not mentioned anywhere in the text.
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| Value | Illegal in some contexts | No protections |
| Description | According to the law that was passed in 2006, “Law of the Republic of Azerbaijan on State Guarantees of Equal Rights on Gender (Women and Men)”, sexual harassment based on sexual orientation is prohibited according to Article 2.0.5. Gender identity is not expressly protected. | The 2006 "Law of the Republic of Azerbaijan on State Guarantees of Equal Rights on Gender (Women and Men)" does not include any protections based on sexual orientation. Sexual orientation is not mentioned in this or any other legislation. |
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| Description | According to the law that was passed in 2006, “Law of the Republic of Azerbaijan on State Guarantees of Equal Rights on Gender (Women and Men)”, discrimination based on gender identity is prohibited according to Article 3.1 | According to the law that was passed in 2006, “Law of the Republic of Azerbaijan on State Guarantees of Equal Rights on Gender (Women and Men)”, sexual harassment based on sexual orientation is prohibited according to Article 2.0.5. Gender identity is not expressly protected. |
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| Sources | https://e-qanun.az/framework/12424 https://adsdatabase.ohchr.org/IssueLibrary/AZERBAIJAN_Law%20on%20State%20Guarantees%20of%20Equal%20Rights%20for%20Women%20and%20Men.pdf?ID=1360 | Law of the Republic of Azerbaijan on Guarantees of Gender (men and women) Equality (in Azeri) https://e-qanun.az/framework/12424 https://faolex.fao.org/docs/pdf/aze211323.pdf Unofficial translation: https://adsdatabase.ohchr.org/IssueLibrary/AZERBAIJAN_Law%20on%20State%20Guarantees%20of%20Equal%20Rights%20for%20Women%20and%20Men.pdf?ID=1360 |
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| Old Value | New Value | |
|---|---|---|
| Value | No protections | Illegal in some contexts |
| Start Date | (unknown) | Oct 10, 2006 |
| Description | In Azerbaijan, neither sexual orientation nor gender identity is a protected class from discrimination. | According to the law that was passed in 2006, “Law of the Republic of Azerbaijan on State Guarantees of Equal Rights on Gender (Women and Men)”, discrimination based on gender identity is prohibited according to Article 3.1 |
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| Sources | https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/azerbaijan/ | https://e-qanun.az/framework/12424 https://adsdatabase.ohchr.org/IssueLibrary/AZERBAIJAN_Law%20on%20State%20Guarantees%20of%20Equal%20Rights%20for%20Women%20and%20Men.pdf?ID=1360 |
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edited by UnknownMiles. Replacing description and links
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| Description | Only "protection" is the end of anti-sodomy laws (only in effort to join Council of Europe). Otherwise, LGBT people have no protections. | In Azerbaijan, neither sexual orientation nor gender identity is a protected class from discrimination. |
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| Sources | http://www.pinknews.co.uk/2012/05/27/feature-the-truth-about-gay-life-in-azerbaijan-outside-of-the-eurovision-song-contest/ | https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/azerbaijan/ |
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Reports (2)
- Status is not correct "https://adsdatabase.ohchr.org/IssueLibrary/AZERBAIJAN_Law%20on%20State%20Guarantees%20of%20Equal%20Rights%20for%20Women%20and%20Men.pdf?ID=1360"
- Status is not correct "According to the law that was passed in 2006 “Law of the Republic of Azerbaijan On State Guarantees of Equal Rights on Gender (Women and Men),” discrimination based on gender identity is prohibited according to Article 3.1
Sources:
https://e-qanun.az/framework/12424is
https://adsdatabase.ohchr.org/IssueLibrary/AZERBAIJAN_Law%20on%20State%20Guarantees%20of%20Equal%20Rights%20for%20Women%20and%20Men.pdf?ID=1360"
| Old Value (Original) | New Value | |
|---|---|---|
| Description | Only "protection" is the end of anti-sodomy laws (only in effort to join Council of Europe). Otherwise, gays have no protections. | Only "protection" is the end of anti-sodomy laws (only in effort to join Council of Europe). Otherwise, LGBT people have no protections. |
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| Original entry | |
|---|---|
| Status | No protections |
| Start Date | (unknown) |
| End Date | (none) |
| Description | Only "protection" is the end of anti-sodomy laws (only in effort to join Council of Europe). Otherwise, gays have no protections. |
| Sources | http://www.pinknews.co.uk/2012/05/27/feature-the-truth-about-gay-life-in-azerbaijan-outside-of-the-eurovision-song-contest/ |