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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Georgia - 10th Session - 2011 Scroll to: National Report 19. Since October 2008, Centre for Disability Rights has been established within the PDO. The Center of Children's Rights operates from 2001. 27. Criminal Justice Reforms are led by the Criminal Justice Reform Inter Agency Coordination Council (the CJR Council). The CJR Council represents a key policy-making body that is chaired by the Minister of Justice. It has developed biannual consultation forums with the donor community and civil society representatives; while its working groups create inclusive process, with participation being offered to any organization or interested individual expert. In 2009, the CJR Council adopted strategies and action plans– on Criminal Procedure Legislation, Juvenile Justice, Penitentiary, Probation and Legal Aid, Prosecution, Police, Judiciary and the PDO. The progress reports of the CJR Council are publicly available at www.justice.gov.ge. 30. Georgia has adopted its Juvenile Justice Strategy in 2009, in close collaboration with UNICEF and other national and international experts. It includes a wide range of measures, all to be conducted in the best interest of a child. Recently, the minimum age of criminal responsibility has been raised and set as 14 years (Article 33 of the Criminal Code of Georgia). The new amendments to the criminal legislation allow diversion of juveniles from the criminal responsibility; currently, the diversion schemes are piloted in 4 cities. Police, prosecutors and judges are trained in juvenile justice on continued basis. A particular attention is paid to the development of individual approaches, rehabilitative and educational measures for juveniles deprived of liberty. Currently a separate parole board for juveniles is under preparation. 75. The accessibility of education for children with disabilities has been prioritized by the Ministry of Education and Science (MoES) within the framework of the current reform. The MoES aims to ensure step-by step accessibility of inclusive education in all schools throughout Georgia. Schools are being encouraged to create positive background for inclusive education development. MoES closely collaborates with the Norwegian Ministry of Education and Research. 77. Georgia is a party to the Convention on the Rights of the Child (CRC) as well as the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. Since January 2009, child-care is under the responsibility of the MoLHSA. 78. The concept of the child entails a broader concept than that adopted by the Convention on the Rights of the Child and includes those below the age of eighteen. 79. In accordance with the Constitution of Georgia and the Law on General Education, the State has to provide the openness of General Education and equal accessibility for every citizen lifelong. According to Article 22 of the Law, the State provides complete secondary education. The education of pupils in the establishments of general education is financed for 12 years. 80. The GoG approved an Action Plan on Child Welfare by Decree N 869 on 10 December, 2008. In line with the Child Action Plan 2008–2011 MoLHSA, MoES and MIA, by the joint Orders N152/N-N496-N45 introduced "Child Referral Mechanism" in May 2010. This mechanism provides effective tool for protection of children from all forms of violence and referring them to relevant community and state services. Aforementioned mechanism integrates the work of multiple stakeholders in coordinated manner: police officers, social service agency, schools, child institutions, day-care centers, small group homes and medical facilities. 81. In 2009 MoLHSA adopted the "Child Care Programs", which envisages the creation of a database and relevant analysis of comprehensive information referring victims of violence or children under risk. This database ensures full-range cooperation among all the relevant community and state agencies; it further assists stakeholders in elaborating effective measures for combating child violence in Georgia. 82. The Government has approved the policy of child deinstitutionalization. The initiate is being supported throughout multiple measures. Total number of institutionalized children – which was around 5,000 in 2000 – has been reduced to 1,102 by 2010. Reintegration in biological families has appeared as one of the effective means of returning children to the society. Increase in numbers of the deinstitutionalized children can be tracked through the yearly dynamics. 83. For children remaining in childcare institutions the Government has implemented significant reforms through creating new state entity Service Agency for Persons with Disabilities, Elderly and Children Deprived of Parental Care (by Order of the Minister of Labor, Health and Social Affairs N428/N of 25 December, 2009). The Agency has enacted coordinated measures to ensure quality care and improved living conditions for children at state institutions. 84. The number of social workers has also increased in the last 4-year period (from 51 to 200). Social workers have managed to prevent the placement of 2666 children into the orphanages. 85. In February-March 2010, the MLHSA initiated the process of up scaling of the remaining 24 child institutions. For assessing the capacity, the competences and the qualification of all staff (around 600 professionals) have been assessed by the MLHSA. Experts from such non-governmental organizations, as Save the Children, Children of Georgia, The First Step, EveryChild, World Vision took part in the assessment. The same organizations have proposed and conducted capacity building training program for caregivers/teachers. 86. With the assistance of the EU Support to Child Welfare Reform Project – Georgia pilot (full-range) community services were established in the towns of Kutaisi and Telavi. Subsequently, the following targets were reached in pilot sites during 2006–2009: 60.3 per cent reduction in entries into institutions. 95.5 per cent of children at risk of separation, referred to social service, were diverted from state institutional care system. In addition, UNICEF has also supported the introduction of Child Care Standards (in operation from August 26, 2009). 87. In cooperation with international organizations the first phase of testing standards for childcare services (in 21 state and 16 NGO sector) was completed in February 2008. One hundred and eighty seven (187) childcare workers were trained in the childcare standards. Apart from this, user-friendly guidelines were developed and approved (the revised standards were drafted by the standards working group). The second phase of testing was launched at a seminar in February 2008. 88. The MoLHSA plans to tackle existing challenges for improving Child Welfare in Georgia, namely: the coverage and quality of community services (particularly for children with disabilities); the registry and the service provision for street children; child participation in planning and implementation in child welfare activities; coordination and monitoring of the child welfare reform whether of governmental and non-governmental agencies involved in the reforms. 90. The Constitution of Georgia upholds the principle of equal rights for men and women. The free consent of both spouses for marriage is required and the law sets the minimum age for marriage at 18 years for both men and women. In exceptional circumstances, marriage may be authorized from the age 16. The equal rights for men and women regarding parental authority are guaranteed. Women have the same ownership rights as men, and there is no discrimination in relation to access to land. Rights of access to property other than land are also equal and both spouses have equal legal rights of ownership over the couple's joint property. In matters of inheritance, assets are shared between children, with equal shares for sons and daughters. 92. GAC has drafted Action Plan on Gender Equality (Plan) for 2007–2009. The Plan focuses on the following directions: Exchanging information between state agencies on implementation of activities considered within the Action Plan; increasing public awareness on gender equality by popularizing information on gender issues; discussing gender issues in TV and radio programs; substituting gender related stereotypes by new gender equality oriented views at various levels of education: incorporating gender issues in educational standards for the MoES and by developing educational programs for boys and girls with due regard for their differences and equality, integrating a gender education component in the teachers' lifelong learning system. 1. The Committee on the Rights of the Child (CRC), in 2008, and the Committee on the Elimination of Discrimination against Women (CEDAW), in 2006, encouraged Georgia to consider ratifying ICRMW. CRC recommended ratification of OP-CRC-AC, CRPD, OP-CRPD, and CED. The High Commissioner for Human Rights made similar recommendations in 2008. 9. CAT, CEDAW, and CRC welcomed the adoption of the Law on the Elimination of Domestic Violence. CEDAW also welcomed the Law on Combating Human Trafficking and Compilation of UN Informationn on the adoption of a National Plan. It noted that marital rape had not been included in any proposal for new legislation. CRC welcomed the Law on Adoption. 10. CRC recommended that Georgia adopt comprehensive legislation to prevent sexual exploitation of children and ensure protection and/or recovery of child victims. 13. CRC welcomed the Child's Rights Centre of the Office of the Public Defender, but regretted that it did not have adequate resources. It urged Georgia to establish an independent complaint mechanism for children. 16. CRC regretted that the Action Plan on Measures to Prevent and Combat Domestic Violence had not yet been adopted. 17.UNICEF stated that Georgia had adopted a Child Welfare Action Plan 2008–2011, which outlines the key intervention areas for reforming the child care system. CRC regretted that said Plan did not cover all areas of the Convention and recommended that Georgia incorporate the principle of the best interests of the child in all programmes and policies. 21. UNHCR reported that in Georgia−a conservative society with deeply rooted religious and patriarchal traditions−, patterns of discrimination against women and widespread acceptance of gender-based violence in different forms still existed. CEDAW, CRC and UNIFEM made similar comments. 24. Concerned that large numbers of children belonging to minority groups and internally displaced and refugee children were not registered at birth, CRC recommended the establishment of institutional structures to ensure birth registration throughout the country. 25. UNICEF indicated that there was no comprehensive government policy for children with disabilities. However, the Strategy and Action Plan of Special Needs Education (2009- 11) was built on the Concept of Social Integration of Persons with Disabilities. CRC regretted the lack of a comprehensive governmental policy for children with disabilities. 32. CRC was concerned that children continued to be victims of arbitrary detentions, police brutality and ill-treatment in detention facilities. 38. HR Committee was concerned at the substantial number of women subjected to violence, particularly domestic violence, and recommended the compilation of disaggregated data, prompt investigations and criminal proceedings against perpetrators. CEDAW expressed similar concerns. CRC recommended that the State reinforce mechanisms for monitoring violence, sexual abuse and neglect within the family. In its follow-up response, Georgia indicated measures taken to implement the Law on the Elimination of Domestic Violence. 39. While welcoming the new anti-trafficking law and National Action Plan (2007- 2008), CRC was concerned that insufficient legal guarantees existed to ensure that child victims are not penalized. In 2006, CEDAW remained concerned about the persistence of trafficking in women and girls. 40. CRC recommended that Georgia take steps to prevent child labour by formulating a strategy to eliminate the worst forms of child labour and strengthening the labour inspectorate. 41. Concerned that corporal punishment continued to occur in the home as well as in schools and institutions, CRC recommended that Georgia adopt legislation explicitly prohibiting all forms of corporal punishment of children in all settings. 42. UNICEF informed that an estimated 1,050 children were living and/or working on the streets in the four largest cities, namely Tbilisi, Kutaisi, Rustavi and Batumi, and that 60 per cent of street children in Tbilisi are of Roma origin. 43. UNICEF stated that street children in Georgia do not receive appropriate schooling. Moreover, street children cannot enter special rehabilitation centres due to lack of IDs that exclude them from social benefits. 44. CRC was concerned at the absence of strategic measures to address the situation of children who work or live on the streets, and recommended that Georgia provide them with recovery and social reintegration services. 48. CRC was concerned at the increasing number of children entering the criminal justice system.106 It recommended that the State establish juvenile courts and consider deprivation of liberty only as a last resort measure and for the shortest period of time. It deeply regretted the decision to lower the minimum age of criminal responsibility from 14 to 12 years and urged the State to reinstate it to 14 years. 49. CRC was concerned that a large number of children were placed in institutions due to the lack of adequate services and financial support to families. UNICEF indicated that the number of children living in institutions had reduced significantly. Over 90 per cent of children in residential institutions had a surviving parent. The main causes for admission were poverty and disability. 50. CRC recommended that Georgia strengthen programmes related to adoption, including by reinforcing the central authority on adoption. 62. CRC128 and CERD129 expressed concern about widespread poverty. CEDAW expressed concern at the feminization of poverty and that the State lacked targeted programmes to address the needs of rural and elderly women, women-headed households and female IDPs. It requested Georgia to ensure that all poverty eradication programmes and strategies are gender-sensitive. 63. UNICEF as well as CRC132 noted that poverty levels among children are higher than the national average (28 per cent). 65. UNDAF reported that the population's awareness of sexual and reproductive health −sensitive issues in Georgian society− has improved, but sexual behaviour patterns, high abortion rates, access to reproductive health commodities, including modern methods of family planning, remain of concern. CRC made similar remarks. 66. CRC regretted the lack of a national child mental health policy. 68. UNICEF informed that 99 per cent of the population has access to improved drinking water, 93 per cent to adequate sanitation, while 33 per cent of IDPs and 64 per cent of villagers have no access to bathing facilities. 69. UNDAF stated that many challenges remained in the education sector and that it was unlikely that Georgia would achieve MDG 2 of universal primary education by 2015. Pre- school education remains underdeveloped and enrolment is low and influenced by social and geographical factors. In 2008, net primary school enrolment rates were 100 per cent for boys and 98 per cent for girls, but the quality of primary education needs further improvement. Only around 50 per cent of school leavers enter higher education institutions. Limited access to education by vulnerable children, attendance and drop-out rates and significant levels of violence in schools all need urgent attention and action. The level of overall education expenditures is one of the lowest in the region. 70. CRC recommended that the State continue to increase budget allocations to the educational sector and focus on improving the quality of education, particularly in rural and minority regions. CRC recommended that Georgia close segregated schools for internally displaced children and integrate them into mainstream education. 72. CERD recommended that Georgia take effective measures to improve knowledge of the Georgian language among minority groups and increase the use of ethnic minority languages in the public administration. HR Committee and CRC made similar recommendations. 3. Joint Submission 1 (JS1) recommended the harmonization of Georgian Legislation with the Convention on the Rights of the Child. Similarly, Joint Submission 4 (JS4) stated that Georgian legislation should be amended in accordance with the regulations of CRPD. The definition of "person with disability" should be brought into accordance with international standards. 6. JS1 stated that monitoring of child care institutions conducted by the Public Defender has shown systematic problems regarding lack of awareness among children concerning their rights, different forms of ill-treatment and abuse, forced labour, living conditions below minimal standards, ethnic discrimination, gap in participation in decision making process concerning education and health, lack of consideration for the interests and opinions of a child, problems with the protection of confidentiality at care institutions, inadequate clothing and medical supplies, hygiene facilities. 16. COE/ECRI noted that Roma seemed to suffer from widespread prejudice and marginalisation, partly explaining the extreme poverty in which some of them live and the low school attendance among Roma children. 17. JS1 stated that anti-discrimination provisions established in Georgian legislation were not in full accordance with CRC. It cited the Committee on the Rights of the Child's view that the legislation did not cover all vulnerable groups, such as children with disabilities, minority and internally displaced children. JS1 added that for instance, Roma children did not receive general obligatory education and they mostly had to live in poverty. 28. COE/CPT called for further steps to reinforce protection of the rights of juveniles in police custody, particularly given the lower minimum age of criminal responsibility of 12 for certain crimes. JS1 noted that girl convicts remain in the same detention facilities as adults. Living conditions for children detainees remain inadequate at juvenile justice facilities, and bullying remains a hot issue. 32. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment is lawful in the home, and that while it is considered unlawful in schools, there is no explicit prohibition. JS1 noted that a significant number of schoolchildren and their parents apply for assistance to NGOs and to the Public Defender with complaints about emotional and psychological violence in school settings. It called for a systematic approach towards violence against children. 33. JS1 cited research showing that young people reaching the age of 18 when they have to leave child institutions face many problems. They do not posses basic skills needed for independent living and are at high risk of ending up living in the streets, engaging in prostitution or criminal activities. JS1 recommended special measures to improve the condition of street children urgently, including through accessibility of educational, health and social services. 62. JS1 recommended that full access to comprehensive health care be provided to all children, including children with disabilities. JS1 recommended that the state should support the development of specialized day-care centers. JS4 recommended that services to persons with disabilities should not be defined by the degree of the poverty, but by the degree of the disability and the actual necessities. 64. JS1 noted that inclusive education has significantly progressed in recent years. Positive changes in this area include the introduction of educational programs that enable all juvenile convicts to fulfill secondary education and get appropriate certificates. 68. JS2 added that women and girls belonging to national minorities in Georgia are subject to discrimination, including through early and forced marriage, labour exploitation, and domestic violence. 74. JS1 informed that internally displaced children and children living in the "buffer zone" face multiple problems in everyday living, education and health-care accessibility. Children living in the "buffer zone" were not fully secure. 79. According to NRC-IDMC, there appear to be unmet needs for psychosocial support for children affected by the 2008 conflict. To address this issue, the government has committed to ensuring there is a psychologist in every school. 92. JS1 noted that many positive changes have been made in terms of updating legislation and bringing it to compliance with CRC and implementing new child care programs. But it added that vulnerable groups of children in particular, children without parental care, street children and children with disabilities are still exposed to problems such as poverty, lack of social integration, lack of accessibility of health and social services. Accepted and Rejected Recommendations The following recommendations were accepted: A - 105.2. Consider the possibility of becoming a party to the following international instruments: the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography . A - 105.5. Consider ratifying the Convention on the Rights of Persons with Disabilities as well as the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (India) A - 105.13. Increase international cooperation devoted to protecting the rights of the child, of women and of migrants workers (Philippines) A - 105.14. Continue measures in the field of women and child's rights protection (Azerbaijan) A - 105.15. Incorporate the principle of the best interest of the child in all programmes and policies (Hungary) A - 105.18. Increase the support to children with disabilities so that they can live in the community and avoid their institutionalization (Canada) A - 105.19. Increase support to children with disabilities to live in the community to avoid institutionalization (Denmark) A - 105.20. Strengthen support to children with disabilities (Bangladesh) A - 105.44. Take steps to prevent child labour by formulating a strategy to eliminate the worst forms of child labour (Bulgaria); A - 105.45. Adopt specific measures to improve effectively the situation of children living in the streets of big cities and children with disabilities (Algeria) The following recommendations are pending or no clear decision was taken: P - 106.1. Sign and ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the International Convention for the Protection of All Persons from Enforced Disappearance and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, as well as intensify its efforts for the prompt ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol (Spain) P - 106.19. Amend legislation, public policies and programmes to comply with its international commitments against all forms of discrimination, as stipulated in the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (Plurinational State of Bolivia) P - 106.22. Ensure the rights of the child, with attention to the Guidelines for the Alternative Care of Children (Brazil) P - 106.23. Undertake effective measures to protect children, particularly those belonging to religious minorities (Ecuador) P - 106.36. Develop legislation to explicitly prohibit all forms of corporal punishment of children in all settings, in accordance with the recommendations of the Committee on the Rights of the Child (Mexico); P - 106.37. Provide children who work or live in the streets with recovery and social reintegration services (Hungary) Georgia did not reject any recommendations
28th January, 9am to 12pm
Compilation of UN Information
Stakeholder Information
Accepted and rejected recommendations