LEGISLATIVE FRAMEWORK FOR ELDERLY CARE IN AZERBAIJAN

Abstract

The existing legislative framework plays an exceptional role in ensuring the well-being of elderly citizens in Azerbaijan. The relevant legislation in this area consists of the Constitution of the Republic of Azerbaijan, the Family Code, the Labor Code, the Law "On Social Service", the Law "On Labor Pensions" and the Law "On Social Benefits". The Constitution of the Republic of Azerbaijan states that “it is the duty of children to respect and care for their parents. Children who have reached the age of 18 are obliged to support their parents who are unable to work (Article 34.5 Right to Marriage). Articles 82, 83 and 92 of the Family Code of the Republic of Azerbaijan stipulate the responsibility of children, grandchildren and stepchildren for elderly parents and grandparents who are unable to work and need help. These articles show how important care relationships are in the ideal model of the Azerbaijani family. There are even articles that provide for the requirement to receive alimony from young family members in case of neglect of their responsibilities. For example, according to Article 90 of the Family Code, grandchildren have a duty to support grandparents: “Grandparents who are unable to work and need help and if the grandmother is unable to receive financial assistance from her children who have reached the age of majority or from her husband (wife), she has the right to demand alimony from the grandchildren who have the necessary funds in court. The same rights apply to actual guardians (Article 91). The articles of the mentioned law are consistent with the ideals of family care and the high normativity of family care in Azerbaijani society, provide for intergenerational exchange in the family, and for the younger generation to be responsible for the well-being of the older generation. At the same time, according to the ideals of care inherent in our society, the care of children and grandchildren is not limited only to financial assistance and support, they should provide direct care and attention to elderly family members, and should not leave them alone when they are sick and helpless. In this regard, the following question arises: whether a person involved in labor activity should be a direct provider of care What opportunities are there for?