CRC/C/GEO/CO/4
Best interests of the child
16.
The Committee welcomes the inclusion of the definition of the best interests of
the child in the Juvenile Justice Code and in the revised Civil Code. However, in the
light of its general comment No. 14 (2013) on the right of the child to have his or her
best interests taken as a primary consideration, the Committee recommends that the
State party strengthen its efforts to ensure that this right is appropriately integrated,
consistently interpreted and applied in all legislative, administrative and judicial
proceedings and decisions, as well as in all policies, programmes and projects that are
relevant to and have an impact on children, including procedures concerning child
asylum seekers and unaccompanied children. In that regard, the State party is
encouraged to develop procedures and criteria to provide guidance to all relevant
persons in authority for determining the best interests of the child in every area and
for giving them due weight as a primary consideration.
Respect for the views of the child
17.
While noting the establishment of child-friendly courtrooms, the Committee, in
line with its general comment No. 12 (2009) on the right of the child to be heard,
encourages the State party to strengthen methods to ensure that children’s views are
given due consideration in the family, at schools, at the community level, in
institutions and in administrative procedures concerning them through, inter alia:
(a)
The refinement of appropriate legislation;
(b)
The continuous training of professionals;
(c)
Support of various forms for children’s meaningful participation;
(d)
Collaboration with civil society organizations, to increase opportunities
for children’s participation, including in the media.
C.
Civil rights and freedoms (arts. 7, 8 and 13-17)
Birth registration
18.
Taking into account the adoption of decree No. 18 of the Minister of Justice of
Georgia on approval of the rule on the registration of civil acts in January 2012 and
officials going door-to-door to establish identification documents, the Committee,
taking note of target 16.9 of the Sustainable Development Goals on providing legal
identity for all, including birth registration, recommends that the State party:
(a)
Set a realistic timeline for effective birth registration throughout the
country and address administrative obstacles, with special attention paid to minority
groups, refugees, stateless persons and families living in high mountain areas;
(b)
Continue and strengthen ongoing efforts to establish institutional
structures, such as mobile registration centres, in line with the Committee’s previous
concluding observations (see CRC/C/GEO/CO/3, para. 28), in order to attain equal
rates of birth registration for minority groups;
(c)
Seek technical assistance from the Office of the United Nations High
Commissioner for Refugees (UNHCR) and UNICEF, among others, for the
implementation of these recommendations.
Name and nationality
19.
Noting the regulation of birth registration of children born in Georgia through
surrogacy under article 19 of decree No. 18 of the Minister of Justice on approval of
the rule on the registration of civil acts, the Committee recommends that the State
party:
(a)
Address possible obstacles to the implementation of the decree, especially
with regard to international surrogacy arrangements;
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