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This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
CRC takes precedence over national law in Georgia. It has automatically been incorporated into national law and can be directly enforced in court. The Constitution of Georgia guarantees every person’s right to apply to a court for the protection of his or her rights and freedoms. An individual has the right to challenge the constitutionality of a normative act or its particular provisions in the Constitutional Court of Georgia if his or her rights have been infringed or may be infringed. A child who has attained the age of 14 has the right to bring a case in court and start civil proceedings in order to protect his or her rights and interests in certain cases determined by law. In this case the court assigns a procedural representative. The child plaintiff has the right to disagree to the appointment of a representative and protect his or her rights by themselves. The court is obliged to involve guardians in legal proceedings. In civil proceedings the plaintiff is released from the obligation of paying court costs if the case is related to the violation of child rights. Court costs are not payable in administrative proceedings related to domestic violence.
