The "Children's Rights Code" came into force on September 1, 2020. Adoption of the Code is conditioned by the need for Georgia to fulfill its obligations under the UN Convention on the Rights of the Child and to implement the legislation with it.
The Code establish the fundamental rights and freedoms of the child, creates the legal basis for the functioning of the system of protection and support of the fundamental rights and freedoms of the child.
The purpose of the Code is:
· Promoting the exercise of the rights and freedoms of the child, protecting their equality, prohibiting discrimination, supporting / protecting the family, placing the child in alternative care;
· Promoting the child from violence and harmful influences;
· Introduce an approach focused on the rights and interests of the child in the public and private sectors;
· Involvement in social service and informing the child about his / her rights. Protection against receiving information.
According to the Code, the role of the state and the scope of responsibilities in the field of protection of children's rights are increasing. A social worker will be actively involved in this direction. If there is the reason to believe that the child's life, health or safety is in immediate danger, the social worker will be empowered to decide whether to separate the child from the parent. The petition of the social worker for separation the child from his / her parent shall be submitted to the court with the relevant justification. A police officer whose positive or negative report will be included in the relevant protocol should also participate in the assessment of this threat. The judge reviews the social worker's motion individually, without an oral hearing, and within 24 hours makes a decision to consent to the separation of the child from the parent or to refuse to consent to the separation of the child from the parent.
An important novelty is that the Code gives the child the right to receive qualified legal advice and / or assistance at the expense of the state. The provision of free legal advice and / or legal assistance to a child and / or a parent or other person responsible for the upbringing of a child is provided by a legal entity under law - the Legal Aid Service. The service provides support through telephone communication, as well as adapted web pages and other means.
Adoption of the Code is an important step for the country in the protection of children's rights, which will have a great impact on improving their quality of life.