The Public Defender has commented on the law on the Rehabilitation and Support of Juveniles in Conflict with the Law, adopted by parliament at its third reading on December 17.
The Public Defender says that since the initiation of the draft law, the institution has been actively involved in the discussion process within its mandate and has expressed its position and recommendations at various stages.
“In the process of assessing the draft law, the Public Defender studied international practice, including the experience of a number of countries, concluding observations prepared by the UN Committee on the Rights of the Child regarding states that have similar institutions, and the recommendations identified by the committee. Based on the Public Defender’s comments, the Parliament of Georgia reflected certain changes in the draft law. However, from the perspective of compliance with international and national standards for the protection of children’s rights, principled challenges remain in the law, including the institutional nature of a closed-type facility and the issue of its departmental subordination,” the ombudsman said.
According to the Public Defender, particular importance should be given to introducing and strengthening preventive approaches for children and families with children, developing effective early intervention mechanisms, and ensuring access to family support services.
“Within its mandate, the Public Defender will continue active work on this issue in all relevant formats, in accordance with international and national legislation, with the aim of ensuring the unwavering protection of children’s rights and freedoms and promoting their effective realization,” the statement said.
Georgian Dream has adopted the law on the Rehabilitation and Support of Juveniles in Conflict with the Law, under which a new legal entity of public law, the Rehabilitation and Support Center for Juveniles in Conflict with the Law, will be established within the Ministry of Justice system.
In cases defined by the law, a juvenile in conflict with the law will be referred to a juvenile rehabilitation and support home. A prosecutor will have the authority to refer a juvenile to the center after issuing a summary conclusion that a child under the age of 14 has committed an unlawful act. After completing individual programs at the center, if further measures are deemed necessary, the prosecutor will apply to the court and, with a judge’s consent, the juvenile will be referred to a juvenile rehabilitation and support home.