Code on the Rights of the Child
Text of the document
📑 Contents (101 articles)
Law of Georgia
Code on the Rights of the Child
Article 1. Purpose of the Code 1. The purpose of this Code is to ensure the well-being of the child by promoting the effective implementation of the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols and other international legal acts recognised by the State.🔗
2. The achievement of the purpose provided for by paragraph 1 of this Article shall contribute to the resolution of various matters, including:
a) the realisation of the rights and freedoms of the child;
b) giving primary consideration to the best interests of the child, protection of his/her dignity, the realisation and protection of his/her well-being, safety, life, health, education, development and other interests without unequal treatment of children;
c) ensuring the participation of the child, preparing him/her for independent life in society, raising the child in high moral values, in particular in the spirit of peace, respect for dignity, tolerance, freedom, equality and solidarity;
d) orienting the child towards respect for the homeland, the native language and the traditional cultural values of the native country;
e) the protection and support of the family as the fundamental unit of society, in particular as the environment important for the upbringing and well-being of the child;
f) orienting the child towards labour and a healthy lifestyle as an essential precondition for the development of society;
g) orienting the child towards volunteering as an essential element of civic activity and the development of a solidarity-based society.
Article 2. Scope of regulation of the Code 1. This Code determines the fundamental rights and freedoms of the child and creates the legal basis for the functioning of the system for the protection and support of the fundamental rights and freedoms of the child.🔗
2. This Code does not repeal other legislative regulations in force relating to the rights of the child, and at the same time it establishes the obligation for other legislative and subordinate normative acts of Georgia to comply with the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols and other international treaties of Georgia, and to be interpreted and enforced in accordance with them.
3. This Code is a legislative act by which the state authorities of Georgia, municipal bodies, other administrative bodies, courts of general jurisdiction, subjects of public and private law and natural persons shall be guided when carrying out activities and taking decisions relating to children and children's matters.
Article 3. Definition of terms used in the Code. For the purposes of this Code, the terms used therein have the following meaning:🔗
a) child – a minor under 18;
b) adolescent – a child from 10 years of age until attaining 18 years of age;
c) family – the basic group of society and the natural environment for the upbringing, well-being and protection of the child, consisting mainly of the child, his/her parent, guardian, curator, sister, brother and/or another person responsible for the child's upbringing;
d) parent – the child's mother and/or father;
e) child left without parental care – a child in respect of whom, for any reason or circumstance, the parent or legal representative does not exercise round-the-clock care;
f) system for the protection and support of the child's fundamental rights and freedoms – the combination of the national child protection system and the national child support system:
f.a) national child protection system – the legislation of Georgia, other regulatory norms, policy and services existing in the social welfare, education, healthcare, security and justice systems, which serve the prevention and elimination of risks related to child protection. The national child protection system supports and strengthens the child and persons responsible for his/her upbringing for the purpose of promoting social inclusion and reducing to the maximum extent the risk of separation of the child from the family. The national child protection system serves the prevention and elimination, in the education, healthcare and justice systems, in the family and in any other place, of all forms of violence against the child, including physical punishment of the child, cruel, inhuman and degrading treatment of him/her, his/her exploitation, trafficking in minors (trafficking), and traditions harmful to the child;
f.b) national child support system – the combination of legislative, social, educational and other measures adopted by the State, which serve to strengthen the child's ability to independently exercise all rights and freedoms, with primary consideration of the best interests of the child, by promoting his/her harmonious development, hearing the child's opinion and ensuring participation, without unequal treatment;
g) child rights protection and support programmes − programmes implemented by the state authorities of Georgia, municipal bodies, private law entrepreneurial and non-entrepreneurial (non-commercial) legal entities in order to ensure the functioning of the national child protection system and the national child support system, which serve the empowerment and protection of children, including children left without parental care, children with disabilities, children with special educational needs, victims of crime and/or victims of violence, children in conflict with the law, through the implementation of preventive and response measures by ensuring their best interests, participation, life, physical and mental health, development, education, adequate living conditions, social protection and access to justice, without unequal treatment;
h) best interests of the child − the welfare, safety, health protection, education, development, public, moral and other interests of the child, which are determined as a priority by the parent in accordance with this Code, the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols and other international treaties of Georgia and the individual characteristics of the child, with his/her participation and taking into account his/her opinion;
i) alternative care − provision by the State to a child left without parental care of such family care services as correspond to the individual needs of the child and primarily take into account his/her best interests, the child's rights and freedoms to life, healthy development, to be heard and to participate, and other rights and freedoms;
j) residential care − one of the forms of alternative care, which is used for the shortest possible period in extreme cases, when placement for the purpose of foster care or adoption is impossible;
k) inclusive education system − an education system that ensures equal delivery of high-quality early, preschool, general, vocational and higher education to all children, taking into account their individual needs and abilities, through the use of reasonable accommodation and/or universal design;
l) child-friendly justice − a justice system that ensures respect for and effective realisation of all the rights of the child on the basis of the principles of the child's participation, giving priority to his/her best interests, respect for the child's dignity, inadmissibility of unequal treatment and the rule of law, which is administered by specialised professionals and which is accessible to the child, appropriate to his/her age, easily comprehensible to the child, fast, fair, consistent, tailored to his/her rights and needs;
m) Reasonable accommodation – in each specific case, the implementation of such necessary and appropriate modifications as do not give rise to a disproportionate obligation and ensure the equal realization of the rights and freedoms of all children;
n) Universal design – such design of a product, environment, teaching, programme, service as makes it accessible to all children in such a way that adaptation and the use of special design are not necessary. Universal design does not exclude, where necessary, the provision to a child of assistive means in accordance with the child's individual capabilities and needs and/or support in another manner;
o) Information posing a danger to a child – information aimed at encouraging violence or crime, information of a sexual nature, information aimed at popularizing a person's attribution to neither biological sex and/or to a sex different from his/her biological sex, relationships expressed on the basis of sexual orientation between representatives of the same biological sex, or incest, as well as information that promotes alcoholic beverages, tobacco, narcotic drugs or gambling, or in which scenes of violence, murder or cruel, inhuman treatment are presented in detail. For the purposes of this subparagraph, the term "popularization" shall be interpreted in accordance with the Law of Georgia on Family Values and Protection of Minors;
p) Child at social risk – a child who is affected by factors that hinder his/her ability, without appropriate support, to comprehend various challenges, resist and cope with them and restore resources, including dependence on narcotic drugs, alcohol and/or gambling, remaining without parental care in childhood, being in conflict with the law, violence and similar factual circumstances.
Law of Georgia of 17 September 2024 No. 4440 – website, 03.10.2024.
Article 4. Dignity of the Child🔗
1. The dignity of the child is inviolable.
2. Torture of a child, other cruel, inhuman or degrading treatment towards him/her, or the use of inhuman or degrading punishment shall be prohibited.
Article 5. Giving priority to the best interests of the child🔗
1. A child has the right, when any decision concerning him/her is taken, to have priority given to his/her best interests, which are determined for the child individually in accordance with this Code, the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols and other international treaties of Georgia.
2. When determining the best interests of the child, account shall be taken of his/her right to personal development in a family environment, the child's social and cultural characteristics, his/her ability to exercise his/her own rights and freedoms independently, and the child's views.
3. Giving priority to the best interests of the child (their priority consideration) is mandatory for the bodies of the legislative, executive and judicial authorities of Georgia, public institutions, natural and legal persons when taking any decision concerning the child and/or performing an action.
4. When interpreting a legal norm, the interpretation that most corresponds to the best interests of the child shall be applied, in accordance with this Code, the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols and other international treaties of Georgia.
5. The State takes all necessary measures to ensure that the bodies of the legislative, executive and judicial authorities of Georgia, natural and legal persons determine the best interests of the child and carry out their mandatory assessment according to the following main criteria:
a) hearing and duly taking into account the child's opinion;
b) protection of all other rights of the child, including ensuring protection of dignity, free development, education, health protection, social protection, protection from all forms of violence and equal treatment of children;
c) assessment and consideration, through a multidisciplinary approach, by specialised persons, of the child's psychological and physical well-being, his/her legal, social and economic interests.
6. A decision affecting the rights of the child shall be taken, and an action shall be performed, on the basis of an assessment of the best interests of the child.
7. The programmes for the protection and support of the rights of the child provided for by this Code shall be implemented in compliance with the principle of giving priority to the best interests of the child.
Article 6. Right of the child to life and personal development 1. A child has the right to life and personal development.🔗
2. The State takes all measures necessary to protect the child's life and creates all conditions necessary for his/her harmonious development in accordance with this Code, the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols, other international treaties of Georgia and other legal acts.
Article 7. Right of children to equality 1. When taking any decision related to a child and/or performing an action, public institutions, natural and legal persons shall be obliged to respect each child, protect him/her and treat children equally, regardless of their race, skin colour, sex, language, religion, political or other opinion, national, ethnic or social belonging, property status, health condition of the child, his/her family member or legal representative, disability, activity or other characteristic.🔗
2. The State shall ensure equal rights and opportunities for every child and shall take special measures to eliminate any kind of inequality.
3. The State shall create appropriate conditions for the realisation of the rights and interests of a child with disabilities and a child with special educational needs, including through the introduction of the principles of reasonable accommodation and universal design.
4. The State shall implement all necessary administrative, social, educational and other measures to protect a child from unequal treatment, including to protect a child facing social risk from discrimination, stigma and exclusion.
Article 8. Right of the child to have his/her opinion heard and to participate 1. A child shall have the right to be heard in the resolution of any matter that concerns any of his/her rights or affects any of his/her rights, and to have the child's opinion taken into account in accordance with his/her best interests.🔗
2. A child shall have the right to be heard always when he/she has the wish to express an opinion, directly, with support appropriate to his/her individual needs, in the form and by the means of communication desirable and possible for him/her.
3. Restriction of the right provided for by paragraph 1 of this article on the grounds of age, disability or other circumstance shall be inadmissible.
4. The process of interviewing a child and hearing his/her opinion shall be informative, voluntary, expressing respect for and accountability to the child, child-friendly, inclusive, safe, conducted by specialists properly trained in children's matters.
Article 9. Right of the child to private and family life🔗
1. A child shall have the right to be registered at birth, to acquire citizenship, to know his/her parents and to live with them, in a family where all conditions are created for his/her harmonious upbringing and development and well-being.
2. A child shall have the right to have personal space and to conduct personal correspondence.
3. Unlawful restriction of the child's right to private and family life shall be inadmissible, including unjustified and unlawful interference in his/her personal space, family life or personal correspondence.
4. The State shall ensure special support and protection for a child left without parental care temporarily or permanently, as well as for a child whose remaining in the family contradicts the best interests of the child.
Article 10. Child’s right to education 1. Every child has the right to receive a quality and inclusive education and to equal access.🔗
2. The State shall ensure equal access to the inclusive education system for every child.
Article 11. Child’s right to health protection 1. A child has the right to have his/her health protected to the highest standard.🔗
2. The State shall implement and protect the child’s right to health protection by ensuring access for the child to physical and mental health protection services and institutions, as well as a safe environment.
Article 12. Child’s right to live, develop and receive social protection in a safe environment🔗
1. A child has the right to live in a safe environment where all conditions are created for his/her harmonious development and well-being.
2. A child has the right to benefit from social protection and support in accordance with the individual needs and circumstances of the child and of the persons caring for him/her.
3. A child has the right to benefit from a natural environment and public space that are safe for his/her health, to receive information about the state of the environment and to participate in decision-making related to environmental protection.
Article 13. Child’s right to justice🔗
1. A child has the right to apply to a court and/or the relevant administrative body for the protection of his/her rights and to benefit from a justice system that is accessible to the child, appropriate to his/her age, easily comprehensible to the child, prompt, fair, consistent, tailored to his/her rights and needs, and expressive of respect for the child’s dignity and private life.
2. A child has the right, in accordance with the procedure established by law, to become acquainted with information about him/her held in a public institution or other information and/or an official document.
Article 14. Child’s rights to freedom of opinion, information, and use of the mass media and the Internet 1. A child has the right to freely express his/her opinion. A child also has the right to be heard when a decision concerning him/her is being made and to have his/her opinion taken into account in accordance with his/her age and mental and physical development.🔗
2. A child has the right to freely seek, receive and impart information through various means and in various forms.
3. A child has the right of access to the mass media and the Internet and to freely use the Internet.
Article 15. The child's right to receive information🔗
1. A child has the right to receive information about his/her own rights and freedoms, as well as other topics, which is beneficial for his/her physical, mental, intellectual, psychosocial and cultural development and well-being.
2. Early and preschool upbringing and education institutions and general education institutions shall ensure the provision to the child of information about his/her own rights and protection mechanisms, in accordance with his/her age and individual capabilities, through communication means accessible to the child.
3. The State shall ensure the accessibility to the child of information disseminated through national and international mass media sources and of educational-cognitive materials relating to his/her psychosocial well-being and physical and mental health.
4. For the purpose of proper coverage by the mass media of the child's well-being, health protection and other rights, the State shall facilitate:
a) the dissemination by the mass media of information and materials containing information beneficial for the child's cultural and social development, in accordance with the child's educational goals, taking into account the various linguistic needs of children;
b) international cooperation in the field of exchange, dissemination and preparation of information beneficial for the child's development from diverse national and international sources;
c) the development and dissemination of children's literature;
d) the development and dissemination of guidelines for the protection of the child from information and materials posing a threat to the child.
5. The State shall ensure the dissemination of information about the child's rights and the guarantees for their protection, through responsible agencies, in a language understandable to the child and through communication means accessible to him/her.
Article 16. The child's freedoms of belief, confession and conscience 1. A child has freedom of belief, confession and conscience.🔗
2. A parent has the right to raise the child in accordance with his/her own moral and religious views. When providing guidance and direction to the child, it is necessary that the best interests of the child and the child's opinions, in accordance with his/her age and mental and physical development, be given primary consideration.
Article 17. The child's freedoms of association and peaceful assembly Every child has the right to enjoy the freedoms of association and peaceful assembly.🔗
Article 18. Child's right to play and rest 1. A child has the right to demand the maintenance of a balance between study and free time, while a parent or another person responsible for the upbringing of the child is obliged to give due attention to the child's relevant opinions and needs.🔗
2. A child has the right to rest, to have free time, to play and to participate in recreational activities in accordance with his/her interests and individual needs.
3. A child has the right to participate in cultural and sports life and in various fields of art.
4. The State facilitates the creation of appropriate opportunities for the realization by the child of the right to play and rest, taking into account his/her individual needs and interests.
Article 19. Child's right to property and inheritance🔗
1. A child has the right to property and inheritance.
2. A child has the right, in accordance with his/her age and level of development, through his/her legal representative, to conclude a transaction and to enjoy other rights related to property in accordance with the legislation of Georgia.
3. A child has the right to receive from a parent cash or a plastic card with an amount corresponding to the limit for use, taking into account his/her free time and private interests, for daily use. The amount of money is determined individually, in accordance with the child's age, on the basis of the parents' good will.
4. Disposal of a child's property is permissible in accordance with the best interests of the child, in the manner established by the legislation of Georgia.
Article 20. Child's right to intellectual creativity 1. A child has the right to intellectual creativity.🔗
2. A child has copyright in his/her own creative work and invention and the right to a patent.
Article 21. Right of the child to participate in the development and implementation of programmes for the protection and support of children's rights 1. A child has the right, in accordance with his/her age and level of development, to participate in the development and implementation of programmes for the protection and support of children's rights.🔗
2. The State implements all administrative, educational and other measures necessary for the full realization of the right of the child to participate in the development and implementation of programmes for the protection and support of children's rights in all spheres.
Article 22. Other rights of the child This Code does not deny other rights of the child provided for by the Constitution of Georgia, other legislative and subordinate normative acts of Georgia and international treaties.🔗
Article 23. Principles of Protection of the Rights and Freedoms of the Child 1. The rights and freedoms of the child are interconnected and shall be considered together, in the context of the child's full, harmonious development.🔗
2. The recognition, protection and ensuring of all rights and freedoms of the child are guaranteed on the basis of the principles of giving priority to the best interests of the child, the child's participation, the realization of his/her rights to life and development, and the equality of children.
3. The rights of the child provided for by this Chapter shall be subject to the restrictions established by the Constitution of Georgia and other legislative acts of Georgia.
Article 24. Child's Right to Live in a Family and to Personal Development 1. A child has the right to live and grow up in a family where conditions have been created for his/her harmonious upbringing and development and well-being.🔗
2. A parent, another person responsible for the upbringing of the child, shall be obliged to respect the child's personality, to raise the child in accordance with the principles of peace, respect for human rights, tolerance, equality and solidarity, to care for his/her physical, mental, spiritual and social development, to prepare the child for independent life in society, with primary consideration for the best interests of the child.
3. A parent is the child's legal representative and, without a special power of attorney, acts in defence of his/her rights and interests in relations with third parties, including in court.
4. It is inadmissible for a parent to exercise parental rights in such a way, including by managing the child's property in such a manner, that harm is caused to the best interests of the child.
5. It is inadmissible, in the upbringing of a child, for a parent or another person responsible for the upbringing of the child to use such methods of upbringing as involve physical punishment of the child or other cruel, inhuman or degrading treatment of him/her and/or the application of punishment.
Article 25. Duties of a parent and another person responsible for the upbringing of a child in the field of child upbringing 1. A parent, another person responsible for the upbringing of a child, shall bring up the child, care for his/her physical, mental, spiritual and social development, and bring him/her up as a worthy member of society, a person with high moral values.🔗
2. A parent, another person responsible for the upbringing of a child, shall bring up the child in such a way that the child, in accordance with his/her age and abilities:
a) is aware of his/her own rights and freedoms and is able to exercise them independently;
b) treats with respect his/her parent, other family members, guardian, foster parent, another person responsible for the upbringing of the child;
c) respects the State and its symbols, and observes the legislation of Georgia;
d) is aware of his/her duty, when exercising his/her own rights and freedoms, to respect the rights and freedoms of others;
e) is aware of his/her right to receive primary and basic education in accordance with his/her physical and mental development and abilities;
f) is aware of his/her duty to take care of the natural environment and protect it.
3. The daily schedule determined by a parent or another person responsible for the upbringing of a child with the participation of the child, which establishes the sequence of the child's participation in educational and other processes and his/her use of free time, shall correspond to the best interests of the child.
4. A parent and another person responsible for the upbringing of a child shall apply educational measures to the child, including by shielding him/her from information posing a danger to the child.
5. Educational measures applied to the child by a parent and another person responsible for the upbringing of the child shall correspond to the best interests of the child. Physical punishment of a child is inadmissible.
6. A parent, another person responsible for the upbringing of a child, shall, on the basis of a request of a third party implementing the support measure provided for by this Code in respect of the child, within the limits of his/her own ability, actively participate in this measure.
Article 26. Non-separation of a child from a parent 1. A child shall not be separated from a parent against his/her will, except in the case where their separation is necessary in the best interests of the child, on the basis of a decision taken by an authorised body in accordance with the legislation of Georgia.🔗
2. The decision on the separation of a child from a parent shall be taken by a social worker. He/she shall submit a motion to the judge of the district (city) court according to the child's place of residence. The judge shall consider the social worker's motion single-handedly, without an oral hearing, and within 24 hours shall take a decision on the separation of the child from the parent or on refusal to separate the child from the parent.
3. In the case where an immediate and direct threat to the child's life, health or safety may arise, the social worker shall be entitled to immediately take a decision on the separation of the child from the parent and, within 24 hours, submit the relevant motion to the court in order to obtain consent. The social worker's motion shall contain a justification of the urgent necessity of the separation of the child from the parent. A police officer shall participate in the assessment of the said threat. His/her positive or negative conclusion shall be entered in the relevant record.
4. In the case provided for by paragraph 3 of this article, the judge shall consider the social worker's motion single-handedly, without an oral hearing, and within 24 hours shall take a decision on granting consent to the separation of the child from the parent or on refusal to grant consent to the separation of the child from the parent.
5. A child shall not be separated from a parent solely because the parent does not have proper living conditions or financial resources, except in the case where the implementation of a family support measure does not produce the desired result or there are sufficient grounds for concluding that the implementation of this measure will not have the desired result.
6. A child with disabilities has the same right to live in a family as any other child. It is inadmissible to separate a child from a parent because the child or the parent is a person with disabilities.
7. A decision on the separation of a child from a parent shall be subject to periodic review. After the elimination of the reasons for the separation of the child from the parent, the return of the child to the family shall be consistent with the best interests of the child.
8. It is inadmissible to detain or arrest a child who is separated from a parent or is unaccompanied under criminal procedure, or to apply imprisonment to him/her as a punishment, for illegal entry into the territory of the country, except in a case provided for by the legislation of Georgia. In such a case, the child shall be provided with proper temporary alternative care, support for the purpose of reunification with his/her family, and protection in accordance with his/her best interests.
Law of Georgia of 26 June 2025 No. 880 – website, 07.07.2025.
Article 27. Support of a child for the purpose of preventing his/her abandonment or separation from the family 1. The State shall be obliged, for the purpose of preventing the abandonment of a child or separation from the family, to take appropriate measures in order to ensure equal access for every child to adequate living conditions, health and social protection services, inclusive education, effective mechanisms of protection from unequal treatment and violence, and guarantees for the protection of all other rights.🔗
2. The programmes implemented for the purpose of the prevention provided for by this Article shall be integrated taking into account the needs of the relevant municipality. The family shall be involved in the programme with priority consideration for the best interests of the child.
3. In the implementation of support for a child with disabilities and his/her family, special attention shall be paid to the continuous and effective access for the child to education, including vocational education, health care and rehabilitation services, in order to promote the full individual development and social inclusion of the child.
4. In the implementation of support for a child in the family, special attention shall be focused on a child facing social risk.
Article 28. Family Support Programme 1. The authorised state body shall create support programmes for the person responsible for the upbringing of the child for the purpose of providing material and non-material assistance. The content, scope and duration of the programme shall be determined in accordance with the individual needs and actual circumstances of the child and the person responsible for their upbringing.🔗
2. The family support programme shall not be one-time. It shall aim at strengthening the child and their family through the sustainable provision of their individual needs.
3. In the case of the implementation of long-term support, the decision on the inclusion of the family/child in the family support programme shall be taken jointly by several specialists, among whom there must necessarily be a social worker. The implementation of support shall be based on an individual programme, in the drafting of which the child and the persons having the right to raise them shall participate.
4. When developing and implementing the family support programme, special attention shall be paid to the rights of the child, to overcoming the complex challenges related to early development and to the transition from adolescence to adulthood, and to the promotion of positive social inclusion.
5. The content, form and duration of the family support programme shall be determined individually, on the basis of an assessment of the best interests of the child and the situation of their family. The programme may include one or several measures, including:
a) information, consultation and educational measures to be implemented for the purpose of promoting the use of positive methods of upbringing and development of the child, non-violent communication with the child and the realisation of the child's rights;
b) targeted material and non-material support measures taking into account the individual needs and circumstances of the child;
c) conducting courses to strengthen positive parenting and child care skills, providing consultations during family cohabitation, family dispute and divorce;
d) offering the parent the opportunity to receive vocational education and employment;
e) auxiliary social services (day centre, mediation and reconciliation services during a family dispute, treatment course for alcoholism, drug addiction or other psycho-emotional need, socio-economic support for an employed and single parent), including community-based services;
f) programmes for the early identification of the needs of a child with disabilities, individual assessment and appropriate support, including programmes focused on the development of the child's skills;
g) early development and adolescence support programmes for the purpose of promoting the realisation by the adolescent of their own rights, the development of their critical thinking, preparation for independent living and participation in public life.
6. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall develop and implement programmes for supporting a child in the family through inter-agency cooperation, within the framework of the unified state strategy and action plan.
7. A municipality shall develop and implement programmes for supporting a child in the family in accordance with the rules and conditions established by Article 17 of the Organic Law of Georgia “Local Self-Government Code”, within the scope of the authority delegated by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.
8. A non-governmental organisation shall implement measures for supporting a child in the family within the framework of state programmes in accordance with the legislation of Georgia, on the basis of a contract concluded with the relevant state body and/or on its own initiative and with its own financial resources, in accordance with the service standards established by the state.
Article 29. Essence of alternative care🔗
1. The State shall be obliged to ensure special protection and support for a child left without parental care temporarily or permanently, as well as for a child whose remaining in the family contradicts the best interests of the child.
2. If the placement of a child for the purpose of alternative care is necessary and the form of alternative care fully complies with the standards for the protection of children's rights and the care of children established by both international and Georgian legislation, the authorised body shall adopt a decision on the placement of the child for the purpose of alternative care on the basis of the assessment and recommendation of a multidisciplinary team staffed with relevant professional personnel, with the participation of the child and in compliance with procedures tailored to the interests of the child.
3. The multidisciplinary team provided for by paragraph 2 of this Article shall approve the child's individual development plan, the purpose of which is the protection of the child's physical and mental health, his/her harmonious development, social inclusion and the effective realisation of all his/her other rights and freedoms.
4. The authorised administrative body shall consider and monitor the case of the placement of the child for the purpose of alternative care.
5. The placement of a child for the purpose of alternative care is a measure of last resort. Its primary purpose shall be to facilitate the return of the child to the family, and in the event of the impossibility of return − to ensure continuous care of the child, in particular, his/her adoption. If the adoption of the child does not correspond to the best interests of the child, the State shall ensure his/her placement for the purpose of foster care. The rules and conditions of adoption and foster care of a child are established by the Law of Georgia "On Adoption and Foster Care".
6. In the event of the impossibility of the placement of the child for the purpose of foster care or adoption, small family-type residential care shall be used as a measure of last resort, provided that the residential care institution fully meets the standards of child care, and residential care is necessary and promotes the development of the child and the realisation of his/her best interests. The rules and conditions of residential care are established by this Code and the Law of Georgia "On Licensing of Educational Activities".
7. The service of any form of alternative care shall comply with the best interests of the child and the standards of alternative care for children, as well as with the standards established by the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols and other international treaties of Georgia, and the requirements of this Code.
8. All children placed for the purpose of alternative care, including a child with disabilities, shall be fully integrated into the unified state systems of education, health and social protection. He/she shall have access to justice in the same way as other children.
9. The State shall take care of a person who has left alternative care and who, after reaching adulthood, needs support during a transition period.
10. In the case provided for by paragraph 9 of this Article, the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia shall develop special programmes.
Article 30. Grounds for Alternative Care 1. The State shall establish the licensing conditions for the registration of foster carers and residential care institutions and unified child care standards.🔗
2. The unified alternative care standards established by the State shall comply with the alternative care standards established by the United Nations and shall take into account various issues, including the following main issues:
a) the proper professional qualifications of natural and legal persons providing alternative care, the criteria for their selection, their professional training and supervision over them;
b) a clear definition of the role and functions of natural and legal persons providing alternative care and the provision of information about this to the child and his/her family;
c) support for the child in maintaining relationships with family members, relatives and friends in accordance with his/her protection and best interests, if maintaining them does not contradict the best interests of the child;
d) ensuring high quality of his/her nutrition in accordance with child nutrition standards;
e) access to education, including formal and/or non-formal education and vocational education;
f) ensuring the child's safety, health protection, nutrition, harmonious development and special needs;
g) respect for the child's private life and personal space;
h) protection of the child from violence, including the prohibition of such disciplinary methods as involve restriction of the child's contact with family and the outside world, torture, coercion, physical punishment, or other cruel, inhuman or degrading treatment or punishment of him/her;
i) preparing the child for independent life, protection from stigma during the provision of alternative care and after leaving alternative care;
j) unhindered communication of the child with a trusted person appointed by the authorised body in agreement with the child. The child shall know in what cases and due to which legal and ethical standards the confidentiality of information disclosed by him/her to the trusted person may be breached;
k) access for the child to an effective mechanism by which he/she can report or file a complaint about the conditions of alternative care or the treatment of him/her. This mechanism shall be independent of the alternative care provider and the supervising state agency, so that it can respond effectively and protect the child's interests impartially.
3. The use of such disciplinary measures and behaviour management methods against a child during the provision of alternative care as involve physical punishment of the child, other cruel, inhuman or degrading treatment of him/her, including placement in a confined space, restriction of contact with a parent, other family members or the outside world, or other types of physical or psychological violence shall be prohibited.
Article 31. Mandatory Nature of Unified State Standards for Child Care 1. A child may not be provided with such alternative care services as do not comply with the unified state standards for child care and are not licensed in accordance with the law, except for foster care and adoption.🔗
2. The unified state standards for child care establish the criteria and mechanisms for the administration, provision, quality determination and monitoring of those child care services that are focused on ensuring family-based care for the child. The unified state standards for child care are based on the principle of the realization of the rights of the child, serve to reduce the need for residential care, establish child-oriented approaches to case management and provide for the delivery of high-quality care services.
3. Persons providing alternative care shall meet the professional standards established by the legislation of Georgia, including professional ethics standards, and shall carry out their activities using a multidisciplinary approach.
4. Compliance with the unified state standards for child care shall be mandatory for public and private institutions providing alternative care in any form that implement short- or long-term child care programmes, including:
a) round-the-clock residential care institutions, including centres for children with disabilities or other psychosocial needs;
b) resource schools and boarding schools − in the part concerning care services.
5. The State shall ensure the establishment of standards for transfer for the purpose of foster care in accordance with the Law of Georgia "On Adoption and Foster Care".
6. Compliance with the unified state standards for child care shall also be mandatory in the implementation of family support, medical, psychosocial assistance, educational, sports and health-improving and other cultural and recreational programmes, when child care is provided temporarily − for a specified part of the day, during the day or for 24 hours, in the following institutions:
a) day centres;
b) shelters for child victims of trafficking in minors and/or various forms of exploitation, inpatient medical institutions − in the part concerning children's departments or individual services for children;
c) children's camps − in the part concerning care services;
d) other institutions, including in the part concerning auxiliary child care services existing at the parent's place of employment, which provide for the delivery of child care services.
7. The unified state standards of child care shall not apply to the case where a child, for recreational purposes, voluntarily spends a certain time with relatives or friends and this is not related to the absence of the parent's ability or desire to exercise proper care of the child, as well as to the case of adoption — from the moment of the court's delivery of a final judgment, since the child is no longer considered a child left without parental care.
8. The status of a child carer (nanny), to care for one child or several children (not more than 5 children) in the home of his/her/their legal representative or outside the home for a certain remuneration, shall be subject to voluntary certification. A certified child carer (nanny) shall be entitled to receive appropriate support from a social worker in connection with the upbringing of the child/children.
9. Care for and support of a child placed in an imprisonment facility shall be provided in accordance with the Juvenile Justice Code and other relevant laws, as well as the Convention on the Rights of the Child, its additional protocols and other international treaties of Georgia.
Article 32. Additional, specific requirements for a residential care institution 1. It shall be inadmissible to create a residential care institution that is not of a small family type, the necessity of which is not substantiated on the basis of an assessment by the authorized state body, and which does not meet the unified state standards for child care.🔗
2. Any public or private residential care institution may carry out activities only if it has obtained a licence in accordance with the Law of Georgia “On Licensing of Upbringing Activities”.
3. Licensing of a residential care institution and regular inspection of the licence conditions shall be carried out by the authorized administrative body. Violation of the licensing conditions and the rules of activity determined by the legislation of Georgia entails the imposition of liability in the manner established by the legislation of Georgia.
4. The matters of renewal of the licence for an existing residential care institution and of the creation of a new residential care institution shall be decided in accordance with the unified state strategy and action plan for deinstitutionalization.
5. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia and the municipality shall create a residential care institution in the form of a non-entrepreneurial (non-commercial) legal entity or shall select, by way of a competition, a private person implementing state child support programmes.
6. For the purpose of deinstitutionalization, the state shall carry out all necessary legislative and administrative measures that provide for the gradual replacement of residential care for a child, including a child with disabilities, with foster care and other family- and community-based care services. To this end, the Government of Georgia shall develop and implement a unified state strategy and action plan for deinstitutionalization in order to ensure the gradual closure of large-scale residential care institutions.
Article 33. Legal representative of a child placed for alternative care 1. The authorized body shall appoint for a child placed for alternative care a person who takes decisions concerning the child with his/her full participation, in accordance with his/her best interests.🔗
2. A person appointed as the legal representative of a child placed for alternative care shall have a good reputation, the knowledge and skills necessary for interaction with the child, and shall have completed mandatory training.
3. The authorized body shall be accountable for the activities of a person appointed as the legal representative of a child placed for alternative care and, accordingly, shall provide him/her with appropriate professional support and supervision.
Article 34. Periodic control of alternative care 1. A child who is placed in an institution for the purpose of care for him/her or his/her protection or treatment shall be subject to mandatory periodic control of the treatment of him/her, of the need for his/her stay in this institution and of other circumstances, in particular, to an inspection conducted at least once every 3 months.🔗
2. The periodic inspection of the need for and the conditions of continuation of alternative care for a child and the monitoring of the fulfilment of the unified state standards of child care shall be carried out by the relevant state body with the direct participation of the child and his/her guardian, curator or supporter, in accordance with the procedure established by the legislation of Georgia.
3. It is prohibited for legal entities and natural persons to search for a child and to place him/her in an alternative care institution for the purpose of obtaining financial benefit, if it is possible to return the child to his/her family or to provide him/her with a family-based service.
4. The monitoring of the fulfilment of the unified state standards of child care and of the quality of the service shall be carried out by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia within the scope of its powers.
Article 35. The right of the child to receive education 1. A child has the right to receive quality education.🔗
2. The State shall ensure equal access to quality early, preschool, general, vocational and higher education for all children through the introduction of an inclusive education system and the harmonization of the country's educational system with the international educational space.
3. In order to fully realize the child's right to receive education, the State, respecting the principle of inclusiveness of education, shall ensure:
a) access for the child to free, quality early, preschool and general education in accordance with his/her individual abilities and needs;
b) access for the child to vocational education in accordance with his/her individual abilities and needs, including through appropriate financial support;
c) access for the child to information about the education system, its levels, forms and procedures and other matters important and useful for the child;
d) facilitation of the return to school of a child who has remained outside school and implementation of appropriate measures to prevent the child from dropping out of school;
e) facilitation of the introduction of the latest scientific and field knowledge and of modern child-oriented teaching methods and technologies at all levels of education;
f) realization of the child's right to participate at all levels of education, both directly in the educational process and in decision-making at the educational institution.
Article 36. Objectives of Child Education 1. The education of a child in the formal education system, as well as his/her non-formal education, shall serve the following main objectives:🔗
a) the full development of the child's personality, talent, critical thinking and abilities;
b) the development of a sense of respect for fundamental human rights and freedoms and of the ability for non-violent communication;
c) the development in the child of a sense of respect for the homeland, native language, traditional cultural values of the native country, and different culture and civilization;
d) the development of the child's sense of responsibility and his/her preparation for independent life in the spirit of mutual understanding, peace, tolerance, equality, and friendship among people, groups and peoples differing by ethnic, national, religious and other characteristics;
e) the development of responsibility for the protection of the natural environment and cultural heritage and of a sense of respect for them.
2. This article does not prohibit the child from receiving education for objectives that are not directly indicated in the first paragraph of this article, may be conditioned by achievements of technological development, socio-cultural or other factors, and do not contradict the objectives provided for by this article.
Article 37. Programme for Support of the Inclusive Education System 1. The goal of implementing the programme for support of the inclusive education system is to facilitate:🔗
a) ensuring the compliance of educational programmes, educational resources, material and technical means and human resources in an educational institution with the child's education goals;
b) the introduction of an inclusive education system that ensures, for every child, within the framework of an equally accessible educational process, the provision of education to them taking into account their individual educational needs and abilities;
c) the creation of a national system of professional development for teachers and special teachers of early and preschool upbringing and education institutions, pedagogues of general education and vocational education institutions and other core personnel, which is a necessary precondition for the provision of quality inclusive education;
d) the introduction of appropriate services and programmes for students with special educational needs in support of inclusive education; the development and introduction of modules of necessary programmes at the higher education level.
2. The State shall carry out all necessary administrative, social and other measures so that the existing infrastructure and programmes of educational institutions are reasonably adapted to the individual abilities and needs of each child, while new infrastructure and programmes are created with mandatory consideration of the principle of universal design.
3. The Ministry of Education, Science and Youth of Georgia, within the framework of a unified state strategy and action plan, shall develop and implement programmes promoting child education in cooperation with municipalities.
4. The Ministry of Environmental Protection and Agriculture of Georgia, when developing policy and making decisions on issues of protection and development of the natural environment, reduction and management of risks of natural and man-made disasters, shall carry out appropriate measures to ensure the priority consideration of the best interests of the child, the provision of appropriate information to the child and his/her right to participation.
5. A municipality shall carry out measures to promote child education within the scope of the delegated authority in accordance with the rule and conditions established by Article 17 of the Organic Law of Georgia "Local Self-Government Code".
6. A non-governmental organisation shall carry out measures to promote child education within the framework of its own programmes or state programmes in accordance with the legislation of Georgia, on the basis of a contract concluded with the Ministry of Education, Science and Youth of Georgia.
Law of Georgia of 16 March 2021 No. 346 – website, 18.03.2021.
Law of Georgia of 30 November 2023 No. 3832 – website, 15.12.2023.
Article 38. Prohibition of violence against a child in the education system 1. The implementation of child education support programmes shall contribute to the elimination of violence against a child and between children, including bullying between children, and of disregard for the child's legitimate interests.🔗
2. The use of any form of violence as a disciplinary measure in an educational institution, including physical punishment or other cruel or degrading treatment or punishment, shall be inadmissible.
3. Programmes and a mechanism for the prevention of violence against a child and between children, including bullying between children, and for an appropriate response to the relevant facts shall be introduced in an educational institution.
4. In institutions of early and preschool upbringing and education, general education and vocational education, a telephone hotline shall operate for reporting a fact of violence against a child.
5. An educational institution shall designate a person responsible for the issue of violence against a child − a coordinator.
6. Programmes for the prevention of violence against a child and between children, including bullying between children, and for an appropriate response to the relevant facts in institutions of preschool upbringing and education and general education institutions shall be developed by the Ministry of Education, Science and Youth of Georgia within the scope of its authority, in accordance with this Code.
Law of Georgia of 16 March 2021 No. 346 – website, 18.03.2021.
Law of Georgia of 30 November 2023 No. 3832 – website, 15.12.2023.
Article 39. Child's right to independent complaint mechanisms 1. In institutions of early and preschool upbringing and education, general education and vocational education, there shall be independent and impartial mechanisms for the consideration of a child's complaint. These mechanisms shall not encourage dishonest behaviour by the child, shall be aimed at establishing objective circumstances and shall ensure respect for and protection of the rights of the child and of others.🔗
2. A child shall have information about the mechanisms for the consideration of his/her complaint.
3. A child shall be provided with support in the process of the consideration of his/her complaint, in particular, through the introduction of instruments for communication, expression of his/her own opinion and its due consideration.
4. Independent mechanisms for the consideration of a child's complaint in a general education institution shall be developed by the Ministry of Education, Science and Youth of Georgia.
Law of Georgia of 16 March 2021 No. 346 – website, 18.03.2021.
Law of Georgia of 30 November 2023 No. 3832 – website, 15.12.2023.
Article 40. Prohibition of providing a child with information posing a danger to the child 1. It shall be prohibited to provide a child with information posing a danger to the child.🔗
2. Failure to fulfil the obligation provided for by this Article shall entail the imposition of liability established by the legislation of Georgia.
Article 41. Right of the child to enjoy the highest standard of health protection 1. Every child has the right to enjoy the highest standard of physical and mental health protection, including through geographical and financial accessibility of health protection services (including primary health care, inpatient services, rehabilitation).🔗
2. The State shall implement all necessary administrative, social and educational measures so that no child, including no child with disabilities and/or a child at social risk, is restricted in the right provided for by paragraph 1 of this Article throughout the entire territory of the country. These measures shall include taking steps:
a) to reduce child mortality;
b) to provide every child with child development-oriented, preventive, counselling, emergency outpatient services and appropriate immunisation programmes;
c) to provide every child with food complying with the standard and clean water;
d) to provide every child with food enriched with necessary minerals, in order to reduce the negative effects of environmental pollution and/or eliminate the deficiency of natural minerals;
e) to ensure access for women to pre-natal and post-natal health protection services;
f) to provide information to society, in particular to children and parents, on issues of child health, healthy nutrition, the advantages of breastfeeding, hygiene, environmental protection, and protection from disasters and accidents;
g) to develop the field of preventive health protection;
h) to create an identification system for the timely detection of child health protection needs and the implementation of early intervention;
i) to eliminate traditional practices harmful to child health.
3. Special health protection measures shall be implemented to protect the health of a child at social risk.
4. Within the framework of the unified child protection system, the State shall ensure the development of a policy for the realisation of the child's right to enjoy the highest standard of health protection on the basis of this Code, in accordance with the Convention on the Rights of the Child, its optional protocols and other international treaties of Georgia.
5. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia shall ensure the development of a strategy and action plan for the implementation of the child's right to enjoy the highest standard of health protection within the framework of the unified child protection system, through inter-agency coordination and cooperation with municipalities.
6. A municipality shall carry out measures for the protection of and support for a child's health within the scope of the delegated authority, in accordance with the rule and conditions established by Article 17 of the Organic Law of Georgia "Local Self-Government Code", as delegated by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.
7. A non-governmental organisation shall carry out measures for the protection of and support for a child's health within the framework of its own programmes or state programmes, in accordance with the legislation of Georgia, on the basis of a contract concluded with the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia.
Article 42. Support of the child's right to health protection in educational, alternative care and penitentiary institutions 1. Within the unified health protection system, in educational, alternative care and penitentiary institutions, support for the child's physical and mental health is ensured, inter alia, through the implementation of physical education measures, the provision of appropriate infrastructure and healthy food, and the introduction of information-consultation and referral services.🔗
2. All early and pre-school upbringing and education, general education and vocational education, alternative care and penitentiary institutions shall ensure the introduction of mechanisms for physical education and for the management of natural and man-made disasters, including preparedness and risk reduction.
Article 43. Measures for the protection of the health of children affected by crime, victims and witnesses 1. Within the unified child protection system, the State shall ensure the protection of the physical and mental health of children affected by crime, victims of various forms of violence and witnesses, including a child with disabilities, and their psychosocial rehabilitation in healthy and dignified conditions. The content, form and duration of the programme shall be determined in accordance with the child's individual needs and best interests.🔗
2. Within the unified child protection system, the State shall ensure the protection of the physical and mental health of children who are victims of armed conflict, natural and man-made disasters, and their psychosocial rehabilitation in healthy and dignified conditions.
Article 44. Prohibition of the use of involuntary or compulsory medical measures against a child 1. Psychiatric treatment of a child without the child's participation and without hearing his/her opinion, with due regard to his/her individual capabilities and best interests, shall be inadmissible.🔗
2. Involuntary inpatient psychiatric treatment of a child shall be permissible only by a court judgment, for the shortest possible term. This judgment shall be subject to periodic review. Involuntary psychiatric treatment of a child shall continue in compliance with the procedures established by the legislation of Georgia.
3. The use of medication or another medical measure against a child shall be based on therapeutic needs. This measure shall not be applied without assessment and prescription by a specialist.
4. When a court adopts the judgment provided for by paragraph 2 of this article, the direct participation of the child in the proceedings and the proper consideration of his/her opinion shall be necessary, as well as the participation of an independent and impartial body for the purpose of determining and protecting the best interests of the child.
5. A child shall have the right to apply, directly and/or through his/her representative, to a confidential and impartial body regarding a violation of his/her rights while staying in the respective institution. The said body shall be accessible to the child and independent from the treatment-providing institution or its superior institution.
6. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia shall carry out involuntary or compulsory psychiatric treatment and medical research of a child in accordance with this Code and other legislative and subordinate normative acts of Georgia.
Article 45. Compliance of child health protection services with standards Any provider of child health protection services — every public and private institution and organization — shall be obliged to carry out its activities, in particular with respect to the protection of safety, the quality of health protection services, the professional qualification and ethics of personnel, and monitoring mechanisms, in accordance with the standards established by the legislation of Georgia.🔗
Article 46. Child's right to social protection 1. A child has the right to benefit from social protection and services in accordance with the condition, age, individual capabilities and needs of the child and of the persons caring for the child.🔗
2. Every child has the right to such a standard of living as corresponds to the needs of his/her physical, mental, spiritual, moral and social development. In case of need, the State shall, within the limits of its resources, provide the parent with targeted material and non-material assistance oriented towards the child's development and implement support programmes, in particular − for the purpose of providing food, clothing and living conditions.
3. The State shall implement all administrative, social and educational measures necessary to protect a child with disabilities from concealment, abandonment, neglect and segregation.
4. The amount, type and duration of targeted social assistance for a child shall be determined on the basis of an assessment of the individual needs of the child and his/her family and the relevant circumstances.
5. Targeted social assistance for a child shall not be one-off and shall comprehensively include the sustainable provision of the child's education, health care, rehabilitation, social integration and other individual needs.
6. The State shall ensure the development of child social protection policy, a unified state strategy and action plan on the basis of this Code, in accordance with the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols and other international treaties of Georgia.
7. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia shall develop child social protection programmes in accordance with the unified state strategy and action plan and shall implement them in cooperation with the supreme bodies of state authority of Georgia and with municipal bodies.
8. A municipality shall develop child social protection programmes in accordance with the unified state strategy and action plan, within the scope of the delegated authority in accordance with the procedure and conditions established by Article 17 of the Organic Law of Georgia "Local Self-Government Code" by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia.
9. A non-governmental organisation shall implement child social protection measures within the framework of state programmes in accordance with the legislation of Georgia, on the basis of a contract concluded with the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia and/or on its own initiative and with its own financial resources, in accordance with the service standards established by the State.
Article 47. Child's right to an adequate standard of living 1. A child has the right to grow up in a family environment of respect for his/her personality, love and mutual understanding.🔗
2. A child has the right to such living conditions as promote his/her full physical, intellectual, mental, social and moral development.
3. An adequate standard of living for a child implies providing the child with at least food, clean drinking water, an ecologically clean living environment, access to primary health care, basic information on a healthy lifestyle, protection from disaster and accident, and appropriate mechanisms.
4. A child with disabilities has the same right to an adequate standard of living as any other child. This standard shall take into account the principles of reasonable accommodation and universal design in order to promote the inclusive development of the child.
5. The authorised body of the state authority of Georgia shall ensure the development of standards for the protection of adequate living conditions for a child and their implementation in cooperation with inter-agency and municipal bodies.
6. The Ministry of Environmental Protection and Agriculture of Georgia, in order to ensure a safe and healthy environment for the child, to protect the environment, to protect the child from disaster and accident, shall carry out appropriate measures through inter-agency coordination and cooperation with municipalities.
7. The authorised state body and the municipality shall be obliged, when taking decisions on urban planning, development, issuance of a construction permit and a reconstruction project, to take into account adequate living standards for the child.
8. A state body and a municipality shall create legal mechanisms and take appropriate measures to ensure the child's play and rest, and participation in recreational, cultural and artistic events.
Article 48. Support for the social development of the child 1. The relevant programme developed to support the social development of the child shall include measures for the child's social activity, measures for the child's social inclusion and measures to promote the child's volunteering.🔗
2. The child's social development programme, in its content and methodology, shall serve the best interests of the child and shall be implemented with the child's full participation. It shall promote the development of the child's ability to exercise his/her own rights independently and of respect for the rights of others.
Article 49. Social work for the purpose of protecting and supporting children's rights, the main principles of social work in various fields for the purpose of protecting and supporting children's rights, the functions, rights and duties of a social worker and the measures to be carried out by him/her shall be determined by the Law of Georgia "On Social Work".🔗
Article 50. Promotion of the child's social activity🔗
1. Programs of the child's social activity that promote his/her development and are necessary shall be offered to and accessible to the child.
2. The program of the child's social activity shall, by its content and methodology, serve the best interests of the child and shall be implemented with the child's full participation. It shall promote the development of the child's ability to make decisions independently and of a sense of responsibility before society.
3. The program of the child's social activity includes individual, general (open) and group measures oriented on the child involved in the relevant process.
4. The main directions of the program of the child's social activity may be:
a) non-formal education in general, political, social, cultural, cognitive, technical, ecological and health protection directions;
b) sports and entertainment measures promoting intellectual development and physical activity;
c) measures related to school or work obligations and to the family environment;
d) international youth programs;
e) children's recreation programs;
f) children's counselling programs;
g) cultural and art programs;
h) programs developing pre-professional skills.
5. The state program of the child's social activity shall be developed and implemented by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia in cooperation with the Ministry of Education, Science and Youth of Georgia and municipalities.
6. The program of the child's social activity to be implemented in a general education institution shall be determined by order of the Minister of Education, Science and Youth of Georgia, in accordance with this Code.
7. The municipality shall implement the child's social activity measures within the framework of a municipal program or within the framework of a delegated authority in accordance with the procedure and conditions established by Article 17 of the Organic Law of Georgia "Local Self-Government Code".
8. A non-governmental organization shall implement the child's social activity measures within the framework of its own program or of the state program/municipal program of the child's social activity in accordance with the legislation of Georgia, on the basis of a contract concluded with the relevant ministry/municipality.
Law of Georgia of 16 March 2021 No. 346 – website, 18.03.2021.
Law of Georgia of 30 November 2023 No. 3832 – website, 15.12.2023.
Article 51. Promotion of Social Inclusion of the Child 1. The child's social inclusion programme provides for support for the equal participation of all children in public life on the basis of equal treatment, including through educational, informational, sports, cultural and vocational orientation measures. The aim of social inclusion is to recognise that every child is valuable and important, to ensure for every child equal access, opportunity and the right to participate without unequal treatment and barriers.🔗
2. Measures for the social inclusion of the child shall correspond to the child's individual capabilities and needs and shall be aimed at promoting the child's participation, the formation of diverse social relationships, the development of social skills, making choices and independent decision-making.
3. State programmes for the social inclusion of the child shall be developed and implemented by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia in cooperation with the Ministry of Education, Science and Youth of Georgia, other state agencies and municipalities.
4. A municipality shall implement measures for the social inclusion of the child within the scope of the authority delegated by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia in accordance with the procedure and conditions established by Article 17 of the Organic Law of Georgia "Local Self-Government Code".
5. A non-governmental organisation shall implement measures for the social inclusion of the child within the framework of its own programme or a state programme, in accordance with the legislation of Georgia, on the basis of a contract concluded with the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia.
Law of Georgia of 16 March 2021 No. 346 – website, 18.03.2021.
Law of Georgia of 30 November 2023 No. 3832 – website, 15.12.2023.
Article 52. Promotion of child volunteering🔗
1. To support the social activity of a child, child volunteering promotion programmes shall be created.
2. Child volunteering activity implies the performance by a child, within the framework of the programmes provided for by paragraph 1 of this Article, of voluntary and gratuitous activity beneficial to society, which shall not impede the full realisation of his/her other rights, in particular the rights to education, health protection, protection from violence and protection from harmful influence.
3. Child volunteering promotion programmes shall be developed by the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia, the Ministry of Education, Science and Youth of Georgia and municipalities in cooperation with the private sector and non-governmental organisations.
4. The Ministry of Education, Science and Youth of Georgia shall create legal grounds to promote the encouragement of a child participating in child volunteering promotion programmes within the framework of general education, vocational and university education.
Law of Georgia of 16 March 2021 No. 346 – website, 18.03.2021.
Law of Georgia of 30 November 2023 No. 3832 – website, 15.12.2023.
Article 53. Protection of the child from violence 1. A child has the right to be protected from physical and psychological violence, oppression, coercion, injury, neglect, careless treatment, torture, exploitation, trafficking in minors (trafficking) and any other form of violence in any family, at school and in any other place, including in the internet space.🔗
2. Physical punishment of a child, torture, and other cruel, inhuman or degrading treatment of him/her in the family, in a pre-school upbringing and education or general education institution, in the provision of alternative care services, in a medical institution and/or a psychiatric institution, in a penitentiary institution and in any other place shall be prohibited. The said action entails the imposition of liability in accordance with the legislation of Georgia.
3. The use, for the purpose of performing a traditional ritual in respect of a child, of such methods as involve physical or psychological coercion of the child, torture, and other cruel, inhuman or degrading treatment of him/her (including mutilation of a girl's sexual organ, performance of an operation or manipulation to eliminate the ability to reproduce) shall be prohibited, regardless of the consent of the child and/or his/her legal representative.
4. The use, in respect of a child, of such methods of medical assistance or treatment (including active biological (shock, convulsive and other) methods) as involve physical or psychological coercion of the child and contradict his/her best interests shall be prohibited.
5. A traditional religious ritual such as baptism shall not be considered a practice provided for by paragraph 3 of this article.
6. The State shall be obliged to take appropriate administrative, social and educational measures to protect the child from any form of violence, including to create effective mechanisms for supporting the child and his/her family, for the prevention, detection, notification, appeal, referral and investigation of any form of violence against a child or between children, and for the implementation of other measures necessary for the physical and psychological rehabilitation of a child affected as a result of violence and the restoration of his/her rights.
Article 54. Protection of the child from harmful forms of labour 1. A child has the right to be protected from performing such work as prevents him/her from receiving education or is harmful to his/her health or physical, mental, moral, emotional and social development.🔗
2. In order to protect each child from performing work that is dangerous, hard, harmful or hazardous for the child, the State shall take appropriate administrative, social and educational measures, including:
a) determines the list of specific forms and conditions of work that are dangerous, hard, harmful or hazardous for the child, which is subject to periodic updating;
b) establishes the rule for identifying forms and places of work that are dangerous, hard, harmful or hazardous for the child, the measures to be implemented and the responsible agency;
c) establishes the minimum age for the employment of a child, working hours and mandatory standards of working conditions;
d) designates the agency with the authority to conduct labour inspection, to which a child may apply in the event of a violation of his/her rights.
Article 55. Protection of the child from all forms of economic exploitation 1. Economic exploitation of a child is inadmissible, that is, forcing a child, for the purpose of obtaining monetary or other benefit, to perform any action or provide a service, placing him/her in slavery or a condition similar to slavery, removal of an organ or other use of the child by coercion, blackmail, deception, incitement, otherwise influencing him/her or by any other means.🔗
2. It is prohibited to induce a child to beg or to commit other anti-social acts by coercion, blackmail, deception, incitement, taking advantage of his/her disability or by any other means.
3. It is inadmissible to coerce, incite, induce or use a child to perform such work or to involve him/her in performing such work as prevents him/her from receiving education or is harmful to his/her health or physical, mental, moral, emotional and/or social development.
4. The State shall take appropriate administrative, social and educational measures to protect the child from all forms of economic exploitation.
Article 56. Protection of the child from all forms of sexual exploitation 1. A child has the right to be protected from sexual exploitation and any other form of sexual violence.🔗
2. It is prohibited to force a child to engage in any sexual act.
3. It is prohibited to involve a child in prostitution and other sexual acts.
4. It is prohibited to involve a child in pornographic activity, in the production, advertising, dissemination, transmission, receipt, export and import of pornographic material, and in trade in such material.
5. The State shall take appropriate administrative, social and educational measures to protect every child, including girls and children with disabilities, from sexual exploitation or other forms of sexual violence.
Article 57. Prohibition of child trafficking 1. Child trafficking is prohibited, that is, the transfer of a child by a person or a group of persons to another person or a group of persons for the purpose of receiving monetary remuneration or any other benefit.🔗
2. It is prohibited to offer, transfer or receive a child by any means for the purpose of sexual or labour exploitation, organ transplantation or other benefit.
[ 2. It is prohibited to offer, transfer or receive a child by any means for the purpose of sexual or labour exploitation, organ transplantation, unlawful use of tissue or cells, or other benefit. (shall enter into force from 1 September 2026)]
3. Child trafficking for the purpose of adopting the child, or the persuasion by an intermediary, for gain, of a person to consent to the adoption of a child in violation of the Law of Georgia “On Adoption and Foster Care” and the relevant international legal norms, is prohibited.
4. The State shall carry out all administrative, social and educational measures for the purpose of preventing and eliminating child trafficking.
Law of Georgia of 1 November 2023 No. 3621 – website, 22.11.2023.
Law of Georgia of 13 December 2024 No. 129 – website, 30.12.2024.
Article 58. Protection of a child from trafficking 1. It is prohibited to recruit, transport, transfer, transfer a place to or receive a child by means of threat, use of force or another form of coercion, abduction, fraud, deception, abuse of power, taking advantage of the vulnerability of the victim, or pressure by a person on a person under his/her influence in order to obtain consent by giving or receiving monetary or other benefit, for the purpose of exploitation.🔗
2. The State shall take all administrative, social and educational measures to protect a child from trafficking.
Article 59. Protection of a child from participation in armed conflict 1. A child has the right to be protected from participation in armed conflict.🔗
2. The State shall carry out all administrative, social and educational measures necessary to protect a child from participation in armed conflict.
3. The State shall take all measures for the purpose of the release of a child involved in or participating in armed conflict, his/her physical and psychological rehabilitation and social reintegration.
Article 60. Prevention of Violence against a Child 1. The State shall take appropriate administrative, social and educational measures for the effective prevention of the exploitation of a child, trafficking in minors (trafficking), child prostitution, child pornography, and all forms of violence harmful to the harmonious development of the child.🔗
2. The State shall take all administrative, social and educational measures necessary to eliminate the practice of physical punishment of a child, other cruel, inhuman or degrading treatment or punishment of him/her.
3. For the purpose of preventing and eliminating all forms of violence against a child, various measures shall be implemented, including:
a) improvement of the legislative base by prohibiting all forms of violence against a child, protecting the child from harmful influence and creating other specific legal guarantees;
b) support for the parent and other person responsible for the upbringing of the child by developing positive, non-violent methods and skills of upbringing, providing socio-economic assistance, counselling and information;
c) specialized training and informing of persons working with children and on children's issues in the fields of education, health and social protection, sports, culture and justice, including for the purpose of creating a safe and violence-free environment for the child and changing social norms containing violence;
d) implementation of educational measures on issues of risks of violence against a child, non-violent communication with the child, peaceful resolution of conflict and mechanisms for protecting the child from violence, including in the internet space;
e) promotion of the child's participation in the development and implementation of policy documents, programmes and initiatives for the purpose of eliminating various forms of violence;
f) promotion of the participation of the private sector, including tourism, banking and financial organisations, in the development and implementation of the policy for the prevention of child exploitation and other forms of violence;
g) promotion of the active participation of the media in covering all aspects of child exploitation and other forms of violence and disseminating relevant information, in compliance with the child's private life, the principle of confidentiality and other ethical standards;
h) support by the State for non-governmental organisations, including with financial resources, for the purpose of implementing programmes for the prevention of violence against a child and protection of children's rights by these organisations.
4. The State shall implement appropriate measures to eliminate factors contributing to violence against a child, including various types of social risk, poverty, unequal treatment of children.
5. The State shall develop and implement medical and psychosocial therapy and counselling programmes aimed at preventing violence, changing the violent attitude of the perpetrator and eliminating the cause of violent behaviour.
Article 61. Protection, support and rehabilitation of a victim of a crime, a victim of violence and a witness 1. The State shall create short- and long-term programmes and services of support, physical and psychosocial rehabilitation accessible to a child who is a victim of a crime and/or a victim of violence and/or a witness, and mechanisms for the protection of the child from humiliation, re-traumatisation and harm, access to justice, appeal and compensation for harm.🔗
2. A child who is a victim of a crime and/or a victim of violence and/or a presumed victim shall have the right to receive compensation from the State, including compensation for financial loss through expedited procedures, when it is impossible to promptly receive such compensation from the offender.
3. The State shall ensure the protection of the rights of children who are victims of a crime and witnesses of a crime and the prevention of their secondary victimisation, as well as the prevention of re-victimisation of a child who is a victim of a crime at all stages of the administration of justice, in accordance with the legislation of Georgia, including the Juvenile Justice Code.
4. The State shall ensure mandatory training/specialisation of all persons working in a public institution in dealing with a child who is a victim of violence and/or a witness, in accordance with established standards.
Article 62. Essence of the right of the child to protection from harmful influence Protection of the child from harmful influence implies protection of the child from negative factors of the social environment and from information posing a threat to the child, on the basis of the creation of appropriate legal grounds and the implementation of state and municipal programmes and measures.🔗
Article 63. Protection of a child from alcoholic substances, narcotic, psychotropic, toxic and other harmful substances 1. It is prohibited to supply to a child, free of charge or for a fee, alcoholic, narcotic, psychotropic, toxic and other intoxicating substances, alcoholic beverages, tobacco and nicotine-containing products or capsules, except in cases of a child's use of narcotic and psychotropic substances as prescribed by a doctor.🔗
2. It is prohibited for a child to carry out labour activity in an establishment where the production, storage, transportation or sale of alcoholic beverages, erotic products, toxic substances, narcotic and psychotropic medicinal substances permitted for medical use and/or tobacco products takes place, or which functions as an establishment carrying out the gambling business or a night entertainment establishment.
3. Violation of the requirements of this article by an establishment entails the imposition on it of liability established by the legislation of Georgia.
4. For the purpose of protecting a child from the influence of the harmful substances provided for by paragraph 1 of this article, preventive measures shall, within the scope of its competence, be carried out by the relevant municipal service for child protection and support. Control over the fulfilment of the obligation provided for by paragraph 2 of this article shall be carried out by the state body supervising labour legislation and conditions.
Article 64. Protection of a child from the harmful influence of gambling The issue of admitting a child to a casino and/or a gambling club and/or a gaming machine salon for playing and/or of a child's participation in a profitable game and/or in gambling and/or profitable games organised in a systemic-electronic form shall be regulated by the Law of Georgia "On the Organisation of Lotteries, Gambling and Profitable Games".🔗
Law of Georgia of 9 February 2023 No. 2593 – website, 24.02.2023.
Article 65. Admission of a child to a mass entertainment dance centre (night club) 1. A child shall not be admitted to a mass entertainment dance centre (night club).🔗
2. The restriction established by paragraph 1 of this article shall not apply to a case where the dance event has cultural content and it is agreed with an educational institution.
3. For the purpose of fulfilling the obligations provided for by this article, preventive measures and measures of response to the relevant offence shall be carried out by the municipal service for child protection and support.
4. Violation of the requirements of this article entails the imposition of liability established by the Code of Administrative Offences of Georgia.
Article 66. Protection of a child from information posing a threat to a child 1. A broadcaster shall ensure the protection of a child from the influence of information posing a threat to a child. A broadcaster shall also apply the classification criteria for broadcasting programmes for the purpose of determining the categories of these programmes and place these programmes in the broadcasting schedule in compliance with the rules determined by the Law of Georgia on Broadcasting.🔗
2. A child shall be admitted to a public film screening only if the relevant product has the marking "Informational", "Educational" or the relevant age limit is indicated on it in compliance with the requirements of paragraph 1 of this Article.
3. It shall be inadmissible to sell, gift or otherwise make available to a child publications of magazines and newspapers and other types of print media that contain information posing a threat to a child.
4. It shall be inadmissible to sell, gift or otherwise make available to a child a film, computer game or other audiovisual product that contains information posing a threat to a child.
5. The programmed information carrier of a recorded film or game or a film copy, which can be shown, transmitted and reproduced, may be accessible to a child only if it has the marking "Children's".
6. The marking provided for by paragraph 5 of this Article shall be presented visibly in the lower left corner of the front label of the information carrier on an area of 1200 mm², and in the case of a film copy, on an area of 250 mm². The authorised body may determine regulatory norms for the content, size, form and colour of the marking and establish exceptions to these norms.
7. It shall be prohibited for a child to be in an internet salon or cafe without a parent or legal representative from 22:00 at night to 08:00 in the morning. A full restriction shall apply in the case where the restriction of a child's access to pornographic or other information with a harmful influence is not ensured in the said space.
8. Information on an internet page shall be placed in compliance with the classification criteria for broadcasting programmes and the rules for placing these programmes in the broadcasting schedule.
9. An internet provider (internet service provider) shall develop such mechanisms as will enable it, at the user's request, to block a child's access to information posing a threat to a child.
10. In a general education institution, library or specialised institution for children, the internet network may be accessible to a child if the appropriate technical means (filters) for blocking information posing a threat to a child have been introduced in the said institution.
11. Control of information disseminated through broadcasting means, as well as control of the dissemination of information containing a threat to a child in the internet space and on programmed network carriers of recorded film and game information (on the internet), shall be exercised by the National Communications Commission of Georgia.
12. For the purpose of ensuring compliance with the rules on a child's access to the internet network in an internet salon, a general education institution, a library and a specialised institution for children, and on a child's access to magazines and newspapers and other types of print media, public film screenings, programmed carriers of recorded film and game information and non-profit gaming electrical devices, the relevant municipal service for child protection and support shall carry out preventive measures and measures to respond to the relevant offence.
13. The placement of information containing a threat to a child on the internet shall be regulated by a subordinate legislative act issued by the National Communications Commission of Georgia.
Article 67. Protection of child safety during participation in a public event🔗
1. The organizer of a child's participation in a public event shall be obliged to provide the child and their legal representative with complete information about the purposes of this event, the planned activities and the rights and obligations of the parties.
2. The organizer of a child's participation in a public event shall have complete information about the participants of this event, including information about the child's special needs, the qualifications of the event instructor, the person exercising supervision over the child and the carrier, the roadworthiness of the vehicle and the evacuation plan for the child's accommodation place.
3. If, during the group transportation of children, at temporary accommodation places and in organized groups, the organizer of the event has not ensured 24-hour service of a doctor or nurse, among the persons who assume responsibility for supervising the safety of children there shall be at least 1 adult, capable person who has completed a first aid course.
4. The driver of a vehicle, during the transportation of children, shall carry out the transportation of food products for the purpose of their feeding in compliance with sanitary conditions. The procedure for exercising control over compliance with sanitary rules during the transportation of food products and the liability of the violator thereof shall be determined by the legislation of Georgia.
5. Sanitary-hygienic norms shall be observed at the catering facility used within the framework of the public event. Food products shall be safe and comply with the hygienic norms for the quality and safety of food products established by the legislation of Georgia. The procedure for exercising control over compliance with sanitary rules at the catering facility and the liability of the violator thereof shall be determined by the legislation of Georgia.
6. Control over the fulfilment by the organizer of a child's participation in a public event of the obligation provided for by this Article shall be exercised by the municipal service for child protection and support. Violation by the organizer of a child's participation in a public event of the requirements of this Article entails the imposition on them of the liability established by the Code of Administrative Offences of Georgia.
7. The driver of a vehicle shall be obliged to comply with the requirements of the Law of Georgia "On Road Traffic". Violation of the legislation of Georgia in the field of road traffic and the organization of road traffic entails the imposition of civil, criminal and administrative liability in the manner established by the legislation of Georgia.
Article 68. Guarantees of the child's protection from harmful influence 1. State and municipal social policy shall be directed towards the creation of a cultural environment suitable for the upbringing of the child and the popularization of a healthy lifestyle of the child.🔗
2. The State shall facilitate the preparation, with reasonable periodicity, by public television and radio broadcasters of such programmes as will facilitate the popularization of a healthy lifestyle among children.
3. The issues of the protection of the child from alcoholic, narcotic, psychotropic, toxic and other harmful substances, from gambling, from information containing a threat to the child, as well as the protection of the child in public space and media space, shall be regulated by this Code and other relevant legislative and subordinate legislative acts.
Article 69. Basic principles of child-friendly justice 1. Child-friendly justice ensures respect for and effective realization of all the rights of the child on the basis of the principles of the child's participation, giving priority to his/her best interests, respect for the child's dignity, inadmissibility of unequal treatment and the rule of law.🔗
2. A child has the right to benefit from a justice system administered by specialized professionals and which is accessible to the child, appropriate to his/her age, easily comprehensible to the child, prompt, fair, consistent, tailored to his/her rights and needs, and expressive of respect for the child's dignity and private life.
3. The State shall take all necessary administrative and other measures to realize the right to child-friendly justice in accordance with this Code, the Convention on the Rights of the Child, its additional protocols and other international treaties of Georgia.
4. To realize the child's right to justice, the State shall ensure the following basic guarantees:
a) Accessibility for the child of information, consultation and legal assistance in an adapted form, including through the use of a telephone hotline, websites and other social media means;
b) Child-friendly procedures and mechanisms, including adapted forms and means of communication for an application to the Public Defender of Georgia, an administrative complaint and application, and a claim and application to be submitted to the court in administrative and civil disputes;
c) The child's right to participate directly and/or through a representative chosen by him/her in administrative proceedings and in the process of consideration of a case by a court, in the manner established by the legislation of Georgia;
d) Enforcement of a decision of an administrative body or court relating to the child by a child-friendly procedure;
e) Adapted mechanisms and procedures for challenging, by administrative and/or judicial procedure, an action or decision of any legal entity of public or private law or natural person and for claiming compensation for damage;
f) Protection of the child's personal data and family life at all stages of administrative proceedings and the administration of justice by a court.
5. The provisions of this Chapter shall apply to administrative proceedings related to the child, administrative and civil proceedings pending in court, including family disputes. Proceedings in cases of crime and administrative offence shall be regulated by the Juvenile Justice Code.
Article 70. Information and Consultation 1. The State shall carry out all appropriate administrative, social and educational measures for society, in particular − for the child and his/her family, to provide information about the rights of the child and the mechanisms for the protection of these rights in accordance with this Code, the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols and other international legal acts.🔗
2. A parent, another person responsible for the upbringing of the child, shall be obliged, taking into account the child's developmental capabilities, to provide the child with information and advice/guidance about the rights of the child, the means of protection in the event of violation of these rights, and respect for the rights of others.
3. In the preschool, general education and vocational education systems and in the provision of all alternative care services, the child shall receive information about his/her own rights, the confidential consultation, support and appeal procedures and mechanisms available in the event of violation of these rights, and respect for the rights of others.
4. Upon the child's first contact with the justice system in criminal, administrative or civil law matters, the competent authority shall be obliged to provide the child with information about the judicial process, the child's participation in it, support and appeal mechanisms, including information on the following issues:
a) the child's rights and role in court or administrative proceedings;
b) support mechanisms for participation in the proceedings;
c) the possible outcomes of the proceedings;
d) the place and date of the proceedings − when the child is a direct participant in the proceedings;
e) mechanisms for appealing a decision;
f) the possibility of receiving compensation from the offender or the State through the court or by other alternative means;
g) the possibility of receiving support services (health care service, psychosocial assistance service, interpreter services and others) or emergency financial assistance.
5. Information shall be provided to the child and consultation shall be rendered taking into account cultural sensitivity, in accordance with his/her age, gender and individual capabilities, in a language understandable to him/her and/or by other auxiliary means of communication.
6. The Public Defender of Georgia shall carry out information and educational measures in the field of the rights and freedoms of the child, in particular − of a child at social risk, in accordance with the Organic Law of Georgia “On the Public Defender of Georgia”.
Article 71. Protection of a child's personal data 1. It shall be inadmissible, in any form, including through the media, for the personal data of a child participating in administrative proceedings or court proceedings to become public, where such data may reveal or indirectly indicate the child's identity (image, detailed description of the child or his/her family members, names, addresses, audio and video recordings and similar information).🔗
2. It shall be inadmissible, in any form, including through the media, for any document or record containing a child's personal data to become public, where such document or record relates to the application of a disciplinary measure in respect of a child, a case of violence committed against or by a child, the state of a child's health, the participation of a child with limited abilities or of a poor family in social assistance or a charitable programme, and other information of similar content relating to a child.
3. The processing of a child's personal data shall be permissible only in accordance with the legislation of Georgia.
4. The State shall ensure the legislative regulation of the protection of a child's personal data and shall establish, in the fields of education, health care and social protection, justice and other fields, uniform standards on child's rights issues in accordance with international legal acts, the Constitution of Georgia, this Code and the Law of Georgia "On Personal Data Protection".
Article 72. Multidisciplinary approach 1. Administrative proceedings and court proceedings in civil and administrative law cases involving a child and/or any issue related to a child shall be conducted with a multidisciplinary approach, for the purpose of assessing the child's psychological, social, emotional and physical health and determining his/her best interests.🔗
2. The relevant administrative body and court shall implement the multidisciplinary approach through a procedure of formal cooperation among specialists of state agencies working on child issues, invited experts and/or organizations.
3. The multidisciplinary approach in respect of children injured as a result of a crime, witnesses of a crime and victims of a crime shall be implemented in a single space, with the joint participation of social workers, forensic experts, medical experts, psychologists, paediatricians, police officers, prosecutors and lawyers, in order to prevent the repeated interviewing and re-victimization of these children.
Article 73. Specialization of professionals 1. The State shall implement measures in the fields of education, health and social protection, legal, law-enforcement, sports, culture and leisure to ensure the personal and professional suitability of persons (professionals) working with a child, in order to avoid the risks and threats of any form of violence against the child in the relevant field.🔗
2. A person working with a child (professional) shall undergo the necessary interdisciplinary training on children's rights, the needs of children of different ages and child-friendly justice issues. At the same time, a person working with a child (professional) shall be retrained in relation to methods of communication with a child of any age and level of development, in particular — with a child facing social risk.
3. Every person participating in any administrative proceedings related to children's rights, in court proceedings of civil and administrative law cases shall be specialized in accordance with the specialization standards established by law.
4. The institutional system of specialization of professionals includes the selection, preparatory and continuing education, professional development and career advancement, quality control of activities and ensuring ethical standards of lawyers, prosecutors, police officers, judges, mediators, social workers, psychologists and other specialists working with children and on children's issues.
Article 74. Child-friendly process 1. Every child has an equal right for his/her case to be considered fairly and in accordance with all principles constituting this right (including the principles of legality, proportionality, presumption of innocence), and also has the right to apply to court and to appeal, the right to receive legal assistance and legal consultation.🔗
2. The child's right to a fair hearing of the case extends both to disciplinary proceedings and/or administrative proceedings, and to proceedings in court in criminal, administrative and civil law cases. Restriction of this right by reference to the protection of the best interests of the child shall be inadmissible.
3. A child has the right to invite a lawyer. The State shall provide free legal assistance to a child when he/she does not have an invited lawyer.
Article 75. Child's right to apply to an administrative body or court and basic procedural guarantees 1. A child has the right to apply to an administrative body or court directly or through his/her representative, for the protection of his/her own rights and freedoms and/or for the purpose of appealing any decision or action related to him/her.🔗
2. Child-friendly justice shall be administered with primary consideration for the best interests of the child, which implies procedures accessible and comprehensible to the child at all stages of the administration of justice.
3. Before filing a claim or after filing it, the court is entitled, on the basis of a motion of the parties, to adopt a decision on the application of a measure of securing against the defendant in order to avoid possible infliction of irreparable damage to the claimant.
4. No case of any form of violence committed by an adult against a child shall be subject to court mediation and settlement.
Article 76. Priority consideration of a child's case 1. An administrative body and a court shall give priority to the consideration of a motion, complaint and claim related to a child.🔗
2. The court shall consider issues related to ensuring the rights and interests of a child in compliance with the rules and time limits established by the legislation of Georgia.
3. The law establishes a mechanism for priority enforcement of a decision of an administrative body or court related to a child for the case when the best interests of the child so require.
Article 77. Statute of limitations in the case of sexual, economic, domestic violence or other form of violence against a child The statute of limitations for the right to apply to court with a claim for compensation for damage in the case of sexual, economic, domestic violence or other form of violence against a child shall be suspended until the child reaches majority or until the child applies to court during minority.🔗
Article 78. Child's right to express his/her own opinion and to have it duly taken into account 1. In administrative proceedings related to a child and in legal proceedings conducted in court, the child is guaranteed the opportunity, at any stage of the consideration of the case, to express his/her own opinion on this case.🔗
2. The child's right to be heard may not be restricted by reference to his/her age or other circumstance. The child shall be given the opportunity to express his/her own opinion in the form desired by him/her.
3. A child with disabilities shall be provided with appropriate conditions necessary for him/her to express an opinion.
4. The child shall express an opinion without the influence of an administrative body or another third party.
5. The process of the child's expression of opinion shall not have the form of interrogation. It shall be conducted in a friendly environment in the form of a free dialogue. The dialogue shall have the character not of an argument with the child, but of support for him/her.
Article 79. Child's right to legal aid 1. A child shall have the right, in accordance with the procedure established by this Code, to receive consistent and qualified legal consultation and/or legal aid at the expense of the State, taking into account the child's age, individual capabilities and needs, in a language understandable to the child, by appropriate means of communication.🔗
2. The Legal Entity of Public Law – Legal Aid Service shall ensure, in accordance with the procedure established by Georgian legislation, the provision of free legal consultation and/or legal aid to a child and/or a parent or another person responsible for the child's upbringing on issues related to the child's rights.
3. The Legal Entity of Public Law – Legal Aid Service shall ensure accessibility of legal consultation and/or legal aid for a child by telephone, adapted web pages, printed and other means.
4. The Legal Entity of Public Law – Legal Aid Service shall ensure accessibility of infrastructure, application forms and all other services in accordance with child-friendly justice standards.
Article 80. Child's right to representation 1. A child shall have the right to participate in administrative proceedings or court proceedings directly and/or through his/her representative, who may be the child's legal representative or another procedural representative chosen by the child.🔗
2. When a child chooses a representative, special attention shall be paid to a case where the child's parent, another family member or a person responsible for providing alternative care is an alleged abuser.
Article 81. Grounds for substantiating a decision 1. When adopting and substantiating a decision in a case related to the rights of a child, the administrative body shall give priority to the best interests of the child.🔗
2. When adopting and substantiating a decision in a case related to the rights of a child, the court shall give priority to the best interests of the child.
3. For the purpose of giving priority to the best interests of the child (their priority consideration), a decision adopted by an administrative body or a court shall be substantiated according to the following basic criteria:
a) physical and psychological protection and safety of the child;
b) unimpeded access for the child to education, health care and social protection, psychosocial support and rehabilitation;
c) prevention of any form of violence against the child, of his/her humiliation and of danger;
d) promotion of the harmonious development of the child, respect for his/her personality, individual capabilities and interests;
e) the child's views;
f) the relationship between the child and his/her parent or another person responsible for the upbringing of the child;
g) the possibility of maintaining or restoring the child's relationship with both parents;
h) in the case of adopting a decision contrary to the child's views, specific measures to prevent possible harm to the child at the stage of its enforcement;
i) other issues that directly or indirectly affect the rights of the child and the resolution of the case in compliance with the principles of a fair process.
Article 82. Mechanism for assessing the impact on the legal status of the child 1. In compliance with the principle of giving priority to the best interests of the child, the State shall ensure the introduction of a mechanism for assessing the impact on the legal status of the child during the development of state policy, the adoption of a law, the planning of the State Budget of Georgia, and the development and implementation of state and municipal programmes.🔗
2. The mechanism for assessing the impact on the legal status of the child implies a preliminary assessment, before a decision is made, of the expected consequences of that decision on the rights of a child or a group of children, and the regular conduct of monitoring after the implementation of the decision.
3. The State shall be obliged to carry out all necessary administrative and other measures for the introduction of the mechanism for assessing the impact on the legal status of the child:
a) during the adoption of a new law and/or the implementation of legislative amendments by the Parliament of Georgia and during the planning of the State Budget of Georgia, in respect of any matter that will directly or indirectly affect the rights of a child or a group of children;
b) during the development by the Government of Georgia of a draft law or subordinate act that will directly or indirectly affect the rights of a child or a group of children;
c) during the development by municipal bodies of a normative legal act of local significance that will directly or indirectly affect the rights of a child or a group of children.
Article 83. Accountability, coordination and monitoring 1. State policy and programmes shall be developed and implemented with coordination and inter-agency cooperation between the fields of education, health and social protection and justice, with the participation of children, academic circles, civil organisations and media representatives.🔗
2. Monitoring and assessment of the protection of the rights and freedoms of the child in the territory of Georgia shall be carried out by: the Parliament of Georgia, the relevant inter-agency cooperation commissions created by the Government of Georgia, municipalities, the Public Defender of Georgia, local and international non-governmental organisations.
3. In order to achieve the goals defined by this Code, to ensure the cooperation of state and municipal bodies, the Government of Georgia shall create an institutional mechanism of inter-agency coordination. The regulation on the institutional mechanism of inter-agency coordination shall be approved by the Government of Georgia.
Law of Georgia of 17 May 2023 No. 2924 – website, 25.05.2023.
Article 84. Data collection and analysis🔗
1. In order to ensure the effectiveness of the institutional mechanism of interagency coordination defined by paragraph 3 of Article 83 of this Code, in accordance with the legislation regulating personal data protection, the State shall create a unified electronic system of data collection and analysis, which provides for the collection and analysis of statistical data reflecting the realisation of the child's rights in various fields, including data on unequal treatment of children, the causes and consequences of violence against a child, the number of conviction cases, and the effectiveness of relevant preventive and response measures. The instruction on the unified electronic system of data collection and analysis and on the protection of the child's personal data shall be approved by the Government of Georgia.
2. The State shall collect data according to indicators developed in relation to all rights of the child and, taking into account the results of data analysis, shall develop an informed State policy for the protection of the child's rights.
2¹. For the functioning of the institutional mechanism of interagency coordination, the processing of the child's personal data shall be permissible for the purposes of identifying and/or managing a case involving harm or expected risks to the child's life, health or safety and/or to the child's best interests or to his/her right, and within these purposes, in accordance with the Law of Georgia on Personal Data Protection.
3. The State shall ensure the provision of information to the public on statistical indicators and research results.
4. The State shall carry out appropriate measures, including with the participation of a group of experts, for consideration within the framework of international cooperation on the prevention and elimination of violence against a child.
5. The powers defined by this Article shall be exercised by the Government of Georgia.
Law of Georgia of 17 May 2023 No. 2924 – website, 25.05.2023.
Article 85. Ensuring the Protection of Child's Rights 1. To ensure the effective protection and support of child's rights provided for by this Code, the authorized state body shall develop programs for the protection and support of child's rights.🔗
2. On the basis of this Code, the objectives of the development and implementation by the relevant state and municipal bodies of programs for the protection and support of child's rights are:
a) promotion of the child's social development;
b) promotion of the child's education;
c) promotion of the protection of the child's health;
d) promotion of child care;
e) promotion of the provision for the individual needs of a child with disabilities;
f) ensuring the functioning of a child care institution.
3. The child support program shall be implemented by the authorized state body. At the same time, this program may be implemented by a municipality and private law entrepreneurial and non-entrepreneurial (non-commercial) legal entities within the framework of the program developed by the authorized state body, in accordance with the procedure established by the legislation of Georgia.
4. The implementation by a private law legal entity of a child support measure shall be permissible only if it meets the requirements of the legislation of Georgia and takes into account the best interests of the child.
5. The implementation by a private law legal entity of a child support measure shall be coordinated with the corresponding measure of the public institution.
6. The state child support program shall be developed by the authorized ministry and approved by the Government of Georgia.
Article 86. Promotion of Child Support Organization 1. The state body and municipal bodies shall support the activities of a non-governmental organization working on children's issues, and this organization shall implement the child support program in compliance with the principle of independence provided for by the charter of the said organization and the requirements of the legislation of Georgia.🔗
2. A child protection non-governmental organization, taking into account the relevant responsibility, shall develop and implement the child support program independently or in cooperation with another non-governmental organization working on children's issues and in coordination with state and municipal bodies.
3. The activities of a child protection non-governmental organization shall be based on the principles and requirements established by this Code; at the same time, their observance and respect shall be expressed publicly, including by the charter of this organization.
Article 87. Forms of organizational arrangement of child support 1. Bodies implementing child support shall be established by state or municipal bodies or shall function in the form of private-law entrepreneurial and non-entrepreneurial (non-commercial) legal entities operating in the field of child assistance.🔗
2. A state body and a municipality shall establish the child protection and support institution provided for by this Code in the form of a non-entrepreneurial (non-commercial) legal entity or shall select, by way of competition, private persons implementing state and municipal child protection and support programmes.
3. Within the scope of the competence of a municipality, for the purpose of managing the system of protection and support of the fundamental rights and freedoms of the child, the municipality shall designate the relevant responsible service (structural unit), which shall develop child rights protection and support programmes and shall ensure their management and control over their implementation within the scope of its own or delegated authority.
4. The legal forms of private-law legal entities implementing child support shall be determined by their founding agreements.
5. When determining child support policy, a state body shall give preference to the implementation of a child support programme on the basis of the selection, by way of competition, of a private institution implementing child support.
Article 88. Professional development standards of persons implementing child support 1. The professional development standards of persons employed in the field of child protection and support, as well as the rules for voluntary certification of a child caregiver (nanny) and the legal grounds for his/her activity, shall be determined by the Regulation "On Professional Development Standards of Persons Employed in the Field of Child Protection and Assistance", which shall be developed and approved by the Government of Georgia.🔗
2. The Ministry of Education, Science and Youth of Georgia shall organize the voluntary certification of child caregivers (nannies) and shall maintain the register of certified child caregivers (nannies).
Law of Georgia of 16 March 2021 No. 346 – website, 18.03.2021.
Law of Georgia of 30 November 2023 No. 3832 – website, 15.12.2023.
Article 89. Powers of the Parliament of Georgia 1. In accordance with this Code, the Constitution of Georgia, the Convention on the Rights of the Child, its additional protocols and other legislative and subordinate normative acts of Georgia, the Parliament of Georgia determines the main directions of state policy in the field of the protection of the rights of the child, ensures the creation and development of an appropriate legislative base, considers and approves the relevant state strategies, and monitors the activities of the bodies accountable to the Parliament of Georgia with respect to the realisation and protection of the rights of the child.🔗
2. The Parliament of Georgia ensures that the rights and best interests of the child are given priority consideration in the exercise of legislative activity, in the monitoring of the activities of the Government of Georgia and of other bodies accountable to the Parliament, and in the adoption and monitoring of the execution of the state budget of Georgia, through the introduction of a mechanism for assessing the impact on the legal status of the child.
3. (removed – 13.05.2025, No. 542).
Law of Georgia of 13 May 2025 No. 542 – website, 14.05.2025.
Article 90. Powers of the Government of Georgia 1. For the purpose of fulfilling international obligations for the protection of the rights of the child and of enforcing this Code, the Government of Georgia carries out legal, administrative, social, educational and other measures, including:🔗
a) ensures the implementation of state policy for the recognition, realisation and protection of the rights of the child by developing and implementing an appropriate action plan;
b) carries out legislative initiatives and develops subordinate acts;
c) within the scope of its powers, develops and approves state targeted programmes for the realisation, protection and support of the rights of the child;
d) takes other measures necessary for the protection of the rights and freedoms of the child.
2. When taking any other decision provided for by this Article and related to the rights of the child and/or performing any action, the Government of Georgia is guided by the principle of priority consideration of the best interests of the child or of a group of children, for which purpose it creates, in accordance with this Code, a formal mechanism for assessing the impact on the legal status of the child.
3. For the purpose of developing and implementing a unified state policy of the Government of Georgia in the field of the protection of human rights, including in the field of the protection of the rights of the child, an Interagency Council on Human Rights is created.
4. The Interagency Commission working on the implementation of the United Nations Convention on the Rights of the Child and on children's rights issues coordinates the fulfilment of the international obligations for the protection of the rights of the child assumed by Georgia and the enforcement of this Code, and the development and implementation of the relevant governmental action plan.
Article 91. Authority of the Ministry of Justice of Georgia 1. The Ministry of Justice of Georgia, within the scope of its own authority, in accordance with the unified state policy, carries out law-making activity and ensures the legal expertise of draft normative acts on children's rights issues in accordance with international legal acts, the Constitution of Georgia and this Code.🔗
2. The Ministry of Justice of Georgia ensures the introduction of child-friendly justice approaches in the processes of administrative proceedings and legal proceedings carried out by administrative bodies subordinate to this Ministry.
3. The Ministry of Justice of Georgia, within the scope of its own authority, in accordance with the legislation of Georgia, carries out the child's rights protection measures provided for by the National Strategy and Action Plan for the Protection of Human Rights of Georgia, measures for the prevention of crime against and among children, the resocialization-rehabilitation of children and other measures.
Article 92. Authority of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia 1. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia, within the scope of its own authority, in accordance with the unified state policy, carries out appropriate programmes and measures for the purposes of child welfare, health and social protection, protection of the child from violence and other purposes, in accordance with this Code and other legal acts of Georgia.🔗
2. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia, within the scope of its own authority, in accordance with the unified state policy, carries out the powers defined by this Code in cooperation with state authorities and municipal bodies and with the participation of legal entities of private law and specialists.
3. The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia ensures the introduction of child-friendly justice approaches in the process of administrative proceedings carried out by administrative bodies subordinate to this Ministry.
Article 93. Authority of the Ministry of Education, Science and Youth of Georgia 1. The Ministry of Education, Science and Youth of Georgia, within the scope of its authority, in accordance with the unified state policy, implements appropriate programmes and measures for the purpose of developing an inclusive education system, equal accessibility of inclusive education for every child, protection of the child from violence in the education system, strengthening social work, support for the adolescent and development of the young person, in cooperation with the Ministry of Culture of Georgia and the Ministry of Sport of Georgia − for the purpose of establishing a healthy lifestyle for the child, the full participation of the child in the fields of culture and sport and the realisation of other rights of the child, in accordance with this Code and other legislative and subordinate normative acts of Georgia.🔗
2. The Ministry of Education, Science and Youth of Georgia, within the scope of its own authority, in accordance with the unified state policy, exercises the authorities defined by this Code in cooperation with state authority bodies and municipal bodies and with the participation of legal entities of private law and specialists.
3. The Ministry of Education, Science and Youth of Georgia ensures the introduction of child-friendly justice approaches in the process of administrative proceedings conducted by administrative bodies subordinate to this Ministry.
Law of Georgia of 16 March 2021 No. 346 – website, 18.03.2021.
Law of Georgia of 30 November 2023 No. 3832 – website, 15.12.2023.
Law of Georgia of 12 December 2024 No. 90 – website, 28.12.2024.
Article 94. Powers of the Ministry of Environmental Protection and Agriculture of Georgia 1. The Ministry of Environmental Protection and Agriculture of Georgia, within the scope of its powers, in accordance with the unified state policy, carries out appropriate measures in the process of developing and implementing environmental policy, legislation, strategies and action plans, for the purpose of priority consideration of the best interests of the child, child participation, providing information to the child and providing consultation, in accordance with this Code and other legislative and subordinate normative acts of Georgia.🔗
2. The Ministry of Environmental Protection and Agriculture of Georgia carries out appropriate measures for the purpose of ensuring the accessibility of environmental information for the child, and promoting the raising of the level of environmental education and environmental awareness of the child.
3. The Ministry of Environmental Protection and Agriculture of Georgia, within the scope of its powers, in accordance with the unified state policy, exercises the powers defined by this Code in cooperation with state authorities and municipal bodies and with the participation of legal entities of private law and specialists.
4. The Ministry of Environmental Protection and Agriculture of Georgia ensures the introduction of child-friendly justice approaches in the process of administrative proceedings conducted by administrative bodies subordinate to this Ministry.
Article 95. Competence of the Common Courts of Georgia 1. In matters of children's rights, the common courts of Georgia ensure the conduct of criminal, civil and administrative proceedings, taking into account the principles of child-friendly justice, which are recognized by the international treaties of Georgia on children's rights and established by this Code.🔗
2. For the purpose of coordinating the process of introducing child-friendly justice in the system of common courts of Georgia, the High Council of Justice of Georgia carries out various measures, including:
a) develops relevant proposals;
b) ensures the professional retraining of judges in the field of protection of children's rights and establishes the standard for specialization of judges;
c) supervises the creation of the infrastructure necessary for the implementation of child-friendly justice at all levels of the system of common courts of Georgia;
d) supervises the adaptation of court forms, procedures for applying to court and rules of proceedings necessary for the implementation of child-friendly justice at all levels of the system of common courts of Georgia;
e) coordinates the introduction of information and consultation services supporting the full participation of the child in cases related to children's rights in the common courts of Georgia and the implementation of other measures.
3. The Supreme Court of Georgia promotes the introduction of child-friendly justice approaches in the common courts of Georgia through legal assessment of legislation related to children's rights, by promoting the establishment of uniform court practice and by implementing other necessary measures provided for by the legislation of Georgia.
4. The common courts of Georgia ensure the introduction of information and consultation services supporting the full participation of the child in cases related to children's rights and the implementation of other measures in accordance with the law.
Article 96. Powers of municipal bodies 1. Municipal bodies shall take all necessary legal, administrative and other measures to introduce assessment of the impact on the legal status of the child when municipal bodies develop a legal act of local significance and/or adopt a decision on any issue that directly or indirectly affects the rights of a child or a group of children.🔗
2. Municipal bodies shall promote equal and effective participation of children in the activities of the municipality and shall ensure the introduction of child-friendly justice approaches in the administrative proceedings conducted by municipal bodies.
3. Within the scope of the municipality's competence, for the purpose of managing the system of protection of and support for the fundamental rights and freedoms of the child, the municipality shall designate the relevant service (structural unit), which shall develop child rights protection and support programmes and ensure their management and control over their implementation within the scope of its own or delegated powers.
4. The activities of the relevant service (structural unit) of the municipality cover the areas of child rights protection and support services. In the areas of child protection and support services, the tasks and functions of the relevant service of the municipality are:
a) development of municipal child rights protection programmes, coordination of their implementation, monitoring and evaluation of the implementation process;
b) creation of a network of social workers implementing child protection and support in the territory of the municipality and determination of their areas of operation;
c) coordinated work with the relevant institutions for the implementation of state child protection and support programmes;
d) coordination of the implementation of child rights protection and support programmes by non-governmental and international organizations;
e) relations with state institutions, non-governmental and international organizations, legal entities and natural persons both within the country and beyond its borders;
f) selection and registration of relevant legal entities of private law for the implementation of municipal child rights protection programmes and determination of the relevant contractual terms;
g) maintenance of statistics in accordance with the approved child rights protection and support programmes; creation of a unified database on child rights protection and support;
h) exercise of other powers determined by the legislation of Georgia and its own regulations.
5. The relevant service of the municipality shall, for the purpose of protecting the child in public space, of complying with the rules of group transportation of children for the purpose of participation in a public event, and of the performance of obligations by the person exercising supervision over the child (the organiser of the event), of complying with the legal restrictions on the child's admission to print media, public film screening and mass entertainment dance centre (night club) and on the accessibility of a film recorded for the child, and of complying with the rules prohibiting the free-of-charge and for-payment supply to a child of alcoholic, narcotic, psychotropic, toxic and other intoxicating substances, alcoholic beverages, tobacco and nicotine-containing products and capsules, carry out preventive and appropriate response measures on the basis of the technical regulation for child protection, which the Government of Georgia shall develop and approve on the basis of Article 18 of the Organic Law of Georgia "Local Self-Government Code".
6. The relevant service of the municipality shall, for the exercise of its own and delegated powers, be provided with personnel of appropriate qualification. The relevant service of the municipality shall employ at least a child and family social worker, a child psychologist, a child health management specialist and a child legal aid specialist.
7. The relevant service of the municipality shall be financed from the budget of the relevant municipality. A child support programme implemented within the scope of delegated powers shall be financed from the budget of the relevant programme or by international grants and other financial means permitted by the legislation of Georgia.
Article 97. Powers of the Public Defender of Georgia 1. In exercising his/her own powers, the Public Defender of Georgia shall be guided by the Constitution of Georgia, the relevant international treaties of Georgia, the Organic Law of Georgia "On the Public Defender of Georgia", the Statute of the Office of the Public Defender of Georgia, this Code and other legislative acts of Georgia.🔗
2. The Public Defender of Georgia shall exercise the powers conferred upon him/her through the structural unit responsible for the protection of the rights of the child subordinate to him/her.
3. The powers of the Public Defender of Georgia are:
a) monitoring the implementation of this Code and other legislative acts of Georgia existing in the field of protection of the rights of the child, the Convention on the Rights of the Child and other international legal acts;
b) identification and study of the facts of violation of the rights of the child and proper response thereto in accordance with this Code and other legislative and subordinate normative acts of Georgia;
c) consideration of and proper response to applications and complaints of citizens regarding the alleged violation of the rights of the child in accordance with this Code and other legislative and subordinate normative acts of Georgia;
d) carrying out educational activities for the purpose of popularization of the fundamental rights and freedoms of the child and raising public awareness in the relevant field;
e) requesting documents and information from public institutions and legal entities of private law implementing measures for the protection and support of the rights of the child.
4. The Public Defender of Georgia shall, on his/her own initiative or on the basis of an application by another person, monitor the implementation of this Code by state authorities, municipalities, legal entities of public and private law.
5. In the case provided for by paragraph 4 of this Article, the Public Defender of Georgia shall issue recommendations to state authorities, municipalities, legal entities of public and private law.
6. The Office of the Public Defender of Georgia, through a special telephone service hotline, continuously − every day, 24 hours a day (24/7), receives calls on any issue related to the violation of the rights of the child, records these violations and provides the said information to the relevant structural unit for further response.
7. Failure to comply with a lawful request of the Public Defender of Georgia entails the imposition of the liability established by the Code of Administrative Offences of Georgia.
Article 98. Powers of the Legal Entity of Public Law − Legal Aid Service The Legal Entity of Public Law − Legal Aid Service shall ensure equal access to legal consultation and legal aid for every child through the Convention on the Rights of the Child, its additional protocols and other international treaties of Georgia, as well as the child-friendly justice approaches provided for by this Code.🔗
Article 99. Measures to be implemented in connection with the entry into force of the Code 1. The Parliament of Georgia shall ensure:🔗
a) by 1 November 2019 − development of the implementation plan of this Code;
b) by 1 January 2020 − updating of the National Human Rights Strategy of Georgia in accordance with this Code.
2. By 1 March 2020, the Government of Georgia shall:
a) develop and approve:
a.a) the Regulation "On Professional Development Standards for Persons Employed in the Field of Child Protection and Assistance";
a.b) the Technical Regulation on Child Protection;
a.c) the Unified State Strategy and Action Plan on Deinstitutionalisation;
b) develop and submit to the Parliament of Georgia for approval the Strategy and Action Plan on the Prevention of and Effective Response to Violence against and among Children;
c) create a unified electronic system for data collection and analysis.
2¹. By 1 October 2026, the Government of Georgia shall:
a) upon the submission of the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia, approve the Instruction on the Unified Electronic System for Data Collection and Analysis and on the Protection of Children's Personal Data;
b) upon the submission of the Administration of the Government of Georgia, for the purpose of protecting children's rights, approve the Regulation on the Institutional Mechanism for Inter-Agency Coordination.
3. By 1 March 2020, the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia shall develop and submit to the Government of Georgia for approval:
a) programmes for children's social activity;
b) programmes for children's social development;
c) programmes promoting children's volunteering;
d) child protection upbringing programmes;
e) programmes supporting children's health;
f) programmes for supporting children in the family;
g) support programme for persons who have left alternative care.
4. By 1 March 2020, the Ministry of Education, Science, Culture and Sport of Georgia shall develop and submit to the Government of Georgia for approval:
a) programmes promoting children's education;
b) programmes for children's social activity;
c) programmes promoting children's volunteering;
d) programmes promoting children's physical activity and sport;
e) programmes for the prevention of and response to violence against children in educational institutions subordinate to the Ministry.
5. By 1 March 2020, the National Communications Commission of Georgia shall develop and approve the Regulation "On the Regulation of the Placement of Information Posing a Threat to Children on the Internet".
6. By 1 March 2020, municipal bodies shall ensure the designation of municipal child protection and support services.
7. By 1 June 2020, the High Council of Justice of Georgia shall implement all measures necessary to introduce child-friendly justice approaches in the common courts of Georgia.
8. Before 1 June 2020, the Public Defender of Georgia shall take all measures necessary to fulfil the obligations provided for by this Code.
9. Before 1 June 2020, the Legal Entity of Public Law – the Legal Aid Service shall take all measures necessary to introduce child-friendly justice approaches in the provision of its services.
Law of Georgia of 17 May 2023 No 2924 – website, 25.05.2023.
Law of Georgia of 6 February 2025 No 259 – website, 06.02.2025.
Article 100. Invalid normative act🔗
From 1 September 2020, the Law of Georgia of 28 September 2001 "On the Protection of Minors from Harmful Influence" (Legislative Herald of Georgia, No 28, 15.10.2001, Art. 113) shall be declared invalid.
Law of Georgia of 21 May 2020 No 5904 – website, 25.05.2020.
Article 101. Entry into force of the Code 1. This Code, except for Articles 1–98 of this Code, shall enter into force upon publication.🔗
2. Paragraph 3 of Article 89 of this Code shall enter into force from 1 November 2019.
3. Articles 1–60 and 62–88, paragraphs 1 and 2 of Article 89 and Articles 90–98 of this Code shall enter into force from 1 September 2020.
4. Article 61 of this Code shall enter into force from 1 January 2022.
5. The operation of paragraph 3 of Article 83 and paragraphs 1 and 2¹ of Article 84 of this Code shall be suspended until 1 January 2027.
Law of Georgia of 21 May 2020 No 5904 – website, 25.05.2020.
Law of Georgia of 6 February 2025 No 259 – website, 06.02.2025.
President of Georgia Salome Zourabichvili
Tbilisi,
20 September 2019
No 5004-Is