Every individual deserves to have their basic human rights upheld – especially children. The 1959 U.N. General Assembly Resolution 1386 Declaration of the Rights of the Child recognized that “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection…” The Declaration was followed in 1989 by the U.N. Convention on the Rights of the Child (hereinafter the “Convention”). The Convention, which has been ratified by 196 countries, including by Azerbaijan on August 13, 1992, demonstrated general worldwide consensus regarding children’s rights.
Unfortunately, amongst many recent human rights violations, Azerbaijan continues to violate the Convention on the Rights of the Child. Since December 12, 2022, Azerbaijan has blockaded the Berdzor (Lachin) Corridor, the sole road connecting Armenia and Artsakh (Nagorno-Karabakh), which has led to unimaginable and intolerable conditions for the 120,000 residents of Artsakh, including 30,000 children. From July 11-September 18, Azerbaijan prevented the International Committee of the Red Cross from entering Artsakh and providing humanitarian aid to residents, while periodically blocking the transport of patients who need medical attention in Armenia. Currently, supplies of food, medicine, electricity and gas are depleting in Artsakh. Grocery stores are empty. Cars and public transportation cannot run. Children’s education has been disrupted due to the cold and lack of food. Families are separated. Azerbaijan’s inhumane, more than nine-month blockade is depriving the children of Artsakh of their fundamental rights at a time that is crucial for their development. The people of Artsakh, and especially its children, deserve to have their rights protected.
Azerbaijan’s inhumane, more than nine-month blockade is depriving the children of Artsakh of their fundamental rights at a time that is crucial for their development. The people of Artsakh, and especially its children, deserve to have their rights protected.
Right to Life
It seems unimaginable that any state would deprive a child of the right to life, yet each of the 30,000 children in Artsakh is currently being deprived of this right because of Azerbaijan’s explicit actions. The lack of food, energy and medicine puts each of their lives at risk. Article 6 of the Convention lays out the most fundamental right that “States Parties recognize that every child has the inherent right to life.” On July 7, 2023, the mother of three-year-old Leo and six-year-old Gita left her sleeping children to walk five kilometers to Martakert in search of food. Upon waking up, the children searched for their mother, sat in an abandoned car, fell asleep and died of heat exhaustion. Leo and Gita were unjustly deprived of their right to life due to Azerbaijan’s blockade. Other children’s right to life in Artsakh needs to be protected before it is too late.
Right Against Injury, Neglect and Maltreatment
Azerbaijan’s actions have inflicted physical and mental harm, negligence and maltreatment upon the children of Artsakh. Article 19 of the Convention states:
States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
This applies not only to parents, legal guardians or people in care of the child, but to the State as well. For instance, Azerbaijan recently attacked residential houses in the Martakert region’s Chankatagh village. A bullet nearly missed a child’s head, and the incident caused a lot of fear among the residents and especially children. Firing on civilians, especially children, affects them physically and mentally. It also violates the children’s right to life, as mentioned above. These residents feel that the world does not care about them: they feel neglected and forgotten. The physical and mental wellbeing of the children of Artsakh must be protected.
Right Against Torture
Azerbaijan’s blockade has caused cruel, inhuman, degrading and torturous circumstances for any individual and especially children. To deprive children of food, education, medical care, medicine, electricity, gas, visits to family outside of Artsakh and movement in and out of Artsakh for over nine months is torturous. Article 37 of the Convention states: “States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.”
Depriving children of movement in and out of Artsakh is both unlawful and an arbitrary deprival of liberty. Article 37 goes on to say: “(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily.” Since there is no movement in or out of Artsakh, children have essentially become prisoners for no reason other than living in their homes. Children are suffering torturous circumstances and being deprived of their liberty due to Azerbaijan’s actions.
Right to Standard of Living
The 30,000 children of Artsakh are living under conditions that fall below the standard adequate for any individual, let alone children. Article 27 of the Convention states: “States Parties recognize the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development.” Children are living with inadequate food, education, medical care, medicine, electricity and gas in intolerable conditions. Video footage shows that once full grocery store shelves are completely empty. Children do not have access even to fruits, such as apples. The entire region is running out of food, and 30,000 children are being left to starve. This is a dire situation that is not conducive to the development of young children.
Right Against Separation
Many children have been unwillingly separated from their parents due to Azerbaijan’s blockade. Article 9 states: “States Parties shall ensure that a child shall not be separated from his or her parents against their will…” There are many cases in which students have been separated from their families. People who were traveling to Armenia at the time of the start of the blockade have not been able to reunite with their families.
Right to Education
Children have been deprived of the right to education due to Azerbaijan’s actions. Article 28 states: “States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity.” In February 2023, 117 schools closed due to the lack of food and heating caused by the blockade, leaving 20,000 students without the chance to go to class. Even at the start of the blockade, children had issues with transportation and finding lunch for school. Electricity outages and internet connectivity issues impacted students’ ability to do their homework.
The emotional impact of this has been apparent in the students’ progress and motivation. “The health implications of conflict and instability on children are immeasurable. The fears of mothers have grown beyond just feeding their children. The focus is now also on preserving the mental stability of children and avoiding permanent damage to cognitive, emotional, and motor development,” reads an article in Newsweek by Siranush Sargsyan and Lynn Zovighian.
In Artsakh, children’s right to education has been disrupted due to Azerbaijan’s actions. Without gas, educational institutions could not protect students from freezing cold temperatures during the winter. The lack of food, as well as Internet and electricity, makes it difficult for the children to focus on their schoolwork. Students will continue to face these challenges in the new school year, which commenced on September 1.
Conclusion
No child should be without the opportunity to receive an education. No child should have to fear and suffer the real threat of malnourishment and starvation. No child should have to endure over nine months of electrical and gas cuts. No child should have to endure the fear and real threat of being shot. No child should die because their mother went looking for food. And no child should be subjected to bombing as they are on their way home from school.These are stark realities for 30,000 children that the world has turned a blind eye to. It is time for the world to hold Azerbaijan accountable for all of its human rights abuses, including its violation of the U.N. Convention of the Rights of the Child.
Lori Komshian, Esq.
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