The Social Justice Center (SJC) has called on the ruling party, “Georgian Dream,” not to adopt the draft law on the “Rehabilitation and Support of Minors in Conflict with the Law.” The initiative includes the creation of closed-type institutions for children aged 10–14, among other changes.

The organization highlights several problematic legal aspects of the proposal:

  • Age and Criminal Responsibility:
    According to the UN Committee on the Rights of the Child, states should establish criminal responsibility at a minimum of 14 years. Scientific evidence shows that the brains of 12–13-year-olds are still developing, and their capacity for abstract thinking and understanding the consequences of actions is limited. Measures for children below the criminal responsibility age should be child-focused, multidisciplinary, and prioritize family and community support. Institutionalization should be a last resort.
  • Duration of Placement and Restrictions on Leaving:
    The bill allows children to be placed for six months, extendable by court decisions, without a clear mechanism to prevent indefinite extension. This creates a risk that children may not leave the institution until adulthood, disproportionately restricting their freedom.
  • Lack of Placement as a Last-Resort Principle:
    The bill does not clearly stipulate that placement in a closed institution should be used only as a last resort. In some cases, children could be placed there automatically following prosecutorial decisions for minor offenses, violating international standards.
  • Insufficient Appeals Mechanisms:
    According to the Convention on the Rights of the Child, every child deprived of liberty must have access to immediate legal and other support and the right to appeal the lawfulness of their detention. The draft law lacks explicit provisions guaranteeing this right.
  • Risk of Isolation from Education and Community:
    Children placed in specialized institutions may lose access to quality education (general, vocational, or higher) and become socially isolated, harming their development and integration.

The Social Justice Center emphasizes that state policy should focus on prevention, child support, and strengthening families, rather than punishment.