In many domestic violence cases, children suffer from the abuser’s aggression directly or indirectly by witnessing violence between adults. Different legal regulations are to be applied since the protection of child rights requires a different and more specific approach.

A child victim of domestic violence has the same right to obtain state protection, hold the perpetrator responsible for his or her actions and to receive compensation similarly to an adult victim of domestic violence. However, a child must be represented (e.g., for signing documents and submitting applications) by his/her legal guardian.

If the powers of a parent/legal representative have been suspended, the court shall rule on bringing guardianship and custodianship authority as a party in the legal case regarding a minor whose parents’/legal representative’s parental rights or duties have been restricted. The guardianship and custodianship authority shall appoint a minor’s representative who will defend the interests of the minor during the court trial.  In the case determined by the legislation of Georgia, a minor may, from the age of 14, apply to a court for the protection of their rights and legitimate interests. In such a case the court shall assign a procedural representative and hear the case. A minor claimant may disagree with his/her procedural representative and defend himself/herself. The court shall involve a guardianship and custodianship body in such cases.

According to the Georgian law, social workers are authorised to protect the child's best interests and ensure his/her legal guardianship and representation. At all stages of administrative proceedings on the fact of domestic violence against a child, the best interests of the minor should be taken into account, in accordance with his/her age and level of development. The child shall have the right to enjoy a system of justice provided by specialised professionals, and one that is accessible to the child, appropriate to their age and easily understandable to the child, which is accelerated, fair, consistent, adapted to the rights and needs of the child, and which expresses respect for the dignity and the private life of the child.

Child protection & Human rights

In cases where a child has become a victim of domestic violence, similar violations of human rights may occur as in the case of adult victims.

Where state authorities have failed to take appropriate protective measures specifically designed to protect a child, a violation of the right to private and family life may occur. For example, the removal of a child from a family or granting, without the necessary due diligence to the custody rights of the other parent. 

There may be a violation of the right to a fair trial in cases where a child is involved in court proceedings related to domestic violence and the authorities have failed to ensure fair trial guarantees specifically designed to protect child victims. 

Resources

Last updated 03/11/2023