The Supreme Court of Azerbaijan has introduced a landmark legal precedent in family-law relations. For the first time in the country's judicial history, the mechanisms for the protection of personal rights and the payment of moral damages for their violation have been clearly defined.
According to official information provided to the "Operative Information Center-OMM" by the court, this shift aims to strengthen the legal protections afforded to individuals within the institution of marriage.
What changes with the Supreme Court Plenum Decision?
According to the court's statement, the Plenum Decision dated December 24, 2025, titled "On the Protection of Personal Rights," specifically emphasizes the essence of the personal rights of spouses. The document specifies instances that prohibit interference with these rights in Azerbaijan.
The untouchable personal rights of spouses include:
- The right to enter into marriage and to divorce;
- Equality of rights within the family;
- The right to expect mutual aid and respect;
- The right to freely choose a surname, occupation, and profession.
Which behaviors create grounds for moral damages?
Based on the Plenum Decision, the following cases are considered direct violations of personal rights and may lead to a claim for compensation for moral damages:
- Domestic violence, psychological and physical violence, or keeping a spouse under pressure;
- Leaving a spouse helpless during illness, surgical operations, or pregnancy;
- Disclosing family or personal secrets;
- Humiliating honor and dignity;
- Manipulations regarding the discovery that a person is not the biological father of a child;
- Entering into a fake marriage (invalid marriage);
- Eviction from the home without legal grounds.
Protection of family secrets and confidentiality
It is strictly prohibited for one spouse to disseminate information constituting a personal or family secret without the other's consent. This includes personal correspondence, information about the past, intimate relations, and sensitive details regarding adoption.
In particular, the revelation that a person who has cared for a child for years is not the biological father, while violating parental rights, can also be seen as an act that humiliates their honor and dignity. Conversely, abusing the right to dispute paternity or filing biased and dishonest claims can be evaluated as a factor violating the personal rights of the other party (the wife).
Disrespect and psychological pressure
Disrespectful behavior is not limited to physical actions. If one spouse expresses dislike for the other in an insulting manner, mocks their appearance, or calls them "worthless," it is considered a humiliation of dignity. Such emotional and social pressures create a legal basis for moral damages in Azerbaijan.
In cases of fake marriage, the fault of the defendant and whether the plaintiff was aware of the falsity of the marriage beforehand are taken into account when awarding moral damages.
Cases that do not grant the right to claim compensation
Not every divorce or dispute constitutes moral damage. A spouse's desire to separate, demand for the division of joint property, or proposal of a marriage contract is a legal right and is not considered a violation. Furthermore, certain actions taken after the marital relationship has effectively ended (e.g., failing to provide financial assistance or not inquiring about health) do not constitute grounds for moral damages.
How is the amount of moral damage calculated?
When determining the volume of moral damages, the court considers standard criteria as well as the following specific circumstances:
- The duration of the marriage;
- The age and health status of the parties;
- Opportunities for remarriage.
Difference between alimony and property rights
It should be noted that generally, only the violation of personal (non-property) rights leads to moral damages. A violation of property rights does not directly create moral damage. However, exceptions exist. For example, if a party in need of financial assistance cannot receive medical treatment and loses their health due to the non-payment of alimony, a claim for moral damages may be filed alongside material damages.
Legal Context in Azerbaijan
This decision by the Supreme Court marks a significant evolution in the Republic of Azerbaijan's judicial system, aligning domestic family law more closely with international human rights standards. By codifying the right to seek compensation for emotional distress and psychological abuse within a marriage, the Azerbaijani judiciary is providing legal tools to combat domestic grievances that were previously difficult to litigate. This move is expected to increase accountability within domestic relations and provide clearer guidelines for lower courts when handling complex divorce and liability cases.
