Image by Arzu Geybullayeva created via Canva Pro

The news of a young girl giving birth in the city of Aghjabedi in Azerbaijan is the most recent harrowing example of a lack of protection mechanisms for underage girls, and persisting negligence by authorities to address the issue of early marriages and underage birth. This time, at the heart of the story that has sent shockwaves across the society, is a 15-year-old girl whose “husband” got away with statutory rape when she was just 13. While the legal marriage age in Azerbaijan is 18 years old, the girl's family and the family of the assailant organized a small “wedding” ceremony for the family and close relatives shortly after learning the girl was pregnant. The 24-year-old perpetrator was handed a suspended sentence after the police investigation learned that the girl had given birth and was already living with the man's family, concluding that this was a mitigating circumstance.

The story was first reported by journalist Ulviyya Ali, who in a post on Facebook wrote how she came across the court case, dated March 12 this year, about a man born in 2001 sexually exploiting a minor born in 2010 in Agjabadi. The man was formally arrested in November 2024. According to court documents, Ali wrote that the man had been involved with the child since May 2024. Ali also detailed how, during his hearing, the man placed the full responsibility on the girl.

The couple was formally engaged in a ceremony at home in April 2024. And they were told that once the girl reached legal marriage age, they could officially sign marriage documents. However, according to the man's testimony in court, it was the girl who insisted on starting a family with him, and coerced him, and he was unaware that engaging in sexual acts with a person under the age of 16 was officially illegal. 

The age of consent in Azerbaijan is 16, and the legal marriage age is 18; this has been the case since 2011. Prior to 2011, the legal marriage age for girls was 17; after that, it was raised to 18 (but exceptions applied). With new amendments, these exceptions have been lifted, so both parties have to be 18. However, in Azerbaijan, girls as young as 13–14 are engaged, then married off unofficially at the age of 15–16.

In this case, the girl got pregnant, and after the family learned of the pregnancy, they quietly married the couple and sent the daughter to live with the man's family. It was only after a medical check-up, when the girl was already five months pregnant, that doctors, realizing the girl was underage and pregnant, informed the police,

Response and criticism

In an interview with OC Media, human rights lawyer Fariz Namazli said that considering the girl's pregnancy a mitigating circumstance was not justified. If anything, Namazli said, “it should be considered an aggravating circumstance since it entails serious consequences,” adding, “‘sexual intercourse with a person under 16 years of age without their consent is a criminal offense,” according to Azerbaijani legislation.

Namazli said a person engaging in sexual intercourse with a minor aged 12–14 can be imprisoned for a term between 15–20 years. And, in cases when there is a consent, the imprisonment period can range from three to six years, as it still entails criminal liability. In both cases, the person committing the act can also be punished with “deprivation of the right to hold certain positions or engage in certain activities for three years.”

The minor may consent verbally, but likely does not understand the essence of the decision, added the lawyer.

Feminist activist Gulnara Mehdiyeva, who often receives complaints from women across the country about serious rights violations and cases of domestic abuse, told Jam News that the child's rights were grossly violated, but that this was not the first nor the last time, as systematic changes must be introduced. “This is not an isolated incident, but a systemic problem. The state must go beyond punishment and introduce programmes aimed at educating minors and expanding their opportunities,” Mehtiyeva told JamNews.

The only person who was actually held accountable was the principal of the school the girl attended, wrote Mehdiyeva on Facebook. Kamala Aghazade, chairwoman of the Azerbaijan Children's Union, was the person who reported in a Facebook post that the school principal was dismissed for her “negligence” in the matter. Mehdiyeva also questioned whether the child has received psycho-social support. “After all, the child remains underage and can birth another child from the same man,” noted the activist.

Lawyer Samed Rahimli told JAMnews in an interview that parents should also be held accountable under the family code. The girl's parents “allowed their child to become a victim of a crime,” and for that they should also be held accountable, noted Rahimli.

The legal marriage age of 18 was only recently introduced as the Law of the Republic of Azerbaijan No. 1198-VIQD dated June 28, 2024, and it comes into effect on July 1 this year.

A recent report by Equality Now places Azerbaijan among the top three countries in Eurasia where “Child, early, and forced marriages (CEFM) remain a pervasive and under-addressed issue.” The report looks at Armenia, Azerbaijan, Georgia, Kyrgyzstan, Russia, Tajikistan, and Uzbekistan. “Approximately 11 percent of women aged 20-24 marry before the age of 18,” notes the report in the case of Azerbaijan.

According to Azerbaijan's State Statistics Committee, a total of 1,700 girls aged 15–17 gave birth in 2023. For over 1,600 of them, it was their first child.