Comparative Human Rights Jurisprudence in Azerbaijan: Theory, Practice and Prospects


The Constitution of the Republic of Azerbaijan makes international human rights agreements equal in authority to constitutional articles. Azerbaijan is a party to the European Convention on Human Rights and Fundamental Freedoms. The Azerbaijan Constitutional Court has referred to European Court of Human Rights decisions in its interpretations of constitutional requirements.

Current domestic criminal defamation laws are used to restrict criticism of the performance of government officials. In future requests for interpretation of constitutional freedom of expression guaranties, the Constitutional Court should follow the jurisprudence of the European Court of Human Rights.

It should require any government restrictions on freedom of expression to satisfy the evolving tests of "necessary in a democratic society for the protection of reputation of others", and "proportionate to the legitimate aims pursued". These tests protect expression of opinion, require proof of falsehood by criminal defamation complainants, permit reasonable reliance on official government reports, and discourage use of criminal defamation prosecutions by government entities and officials.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Charles Martin | Attorney Advertising

Written by:


Charles Martin on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.