市民法科学ジャーナル

抽象的な

Minors Rights Protection Mechanisms in Georgia

Khurtsidze IA

Georgia is a Contracting State of the Convention on the Rights of the Child. The Convention is in force since July 2, 1994. This Convention shall instruct the Participant States to recognize the rights of children in the legislative field and to ensure their effective implementation. The principle of protecting the rights and the best interests of the child is the basic, fundamental requirement of the Convention, which is an integral part of protection of the right of the child. In the cases envisaged by the law, it grants the minors the right to defend their rights and legitimate interests against the legitimate representatives through the court. The national legislation of Georgia regulates the above-mentioned possibility of protection of right; however, it is incomplete and partially provides for legal protection of the rights of child. The legislation of Georgia in completely regulates protection of the minor’s right in cases, where the rights of child is violated by a state agency, namely the guardianship and custodianship authority-LEPL Social Service Agency.

The article hereof proposes a systemic discussion and analysis of the Civil Code of Georgia and the Civil Procedure Code of Georgia with respect to the legal standards, that ensure the protection of minor’s rights, which is partly carried out by the minor towards the parent, but is unable to carry out absolutely in the case, when his/her legitimate representative is the guardianship and custodianship authority. In addition, the article reviews the issue in relation to the right of access to the court and protection recognized by the Constitution of Georgia. The author has recommended suggestions and mechanisms for legal regulation of the problematic issues.