European Committee of Social Rights: Georgia

2015

(January 2016, Conclusions 2015)

“In its previous conclusion the Committee found that the situation was not in conformity with the Charter as corporal punishment of children was not explicitly prohibited in the home. The Committee notes from another source (Global Initiative to end Corporal Punishment of Children) that prohibition is still to be achieved in the home, alternative care settings and schools.

“According to the same source, in rejecting a recommendation to prohibit all corporal punishment made during the Universal Periodic Review of Georgia in 2011, the Government stated that existing legislation “provides for a blanket prohibition on all forms of corporal punishment, including directed against children” and “adequately protects children from any form of corporal punishment”, and that Georgia therefore “does not intend to amend the applicable legislation”.

“The Committee recalls that under Article 17 of the Charter, the prohibition of any form of corporal punishment is a measure that avoids discussions and concerns as to where the borderline would be between what might be acceptable form of corporal punishment and what is not (General Introduction to Conclusions XV-2). The Committee recalls its interpretation of Article 17 of the Charter as regards the corporal punishment of children laid down most recently in its decision in World Organisation against Torture (OMCT) v. Portugal (Complaint No. 34/2006, decision on the merits of 5 December 2006; §§19-21):

“To comply with Article 17, states’ domestic law must prohibit and penalize all forms of violence against children, that is acts or behaviour likely to affect the physical integrity, dignity, development or psychological well-being of children.

The relevant provisions must be sufficiently clear, binding and precise, so as to preclude the courts from refusing to apply them to violence against children.

Moreover, states must act with due diligence to ensure that such violence is eliminated in practice.”

“The Committee has noted that there is now a wide consensus at both the European and international level among human rights bodies that the corporal punishment of children should be expressly and comprehensively prohibited in law. The Committee refers, in particular, in this respect to the General Comments Nos. 8 and 13 of the Committee on the Rights of the Child (Complaint No 93/2013 Association for the Protection of All Children (APPROACH) v. Ireland , decision on the merits of 2 December 2014, §§45-47).

“The Committee considers that in the absence of information regarding the specific legal basis for prohibition of all forms of corporal punishment in the home, in schools and in institutions, it considers that the situation is not in conformity with the Charter as it has not been established that such prohibition in the home, in schools and in institutions has a precise legislative basis.”

“The Committee concludes that the situation in Georgia is not in conformity with Article 17§1 of the Charter on the ground that it has not been established that the prohibition of all forms of corporal punishment in the home, in schools and in institutions has a precise legislative basis.”

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2011

(January 2012, Conclusions 2011)

"The Committee recalls that under Article 17 of the Charter States' domestic law must prohibit and penalise all forms of violence against children, that is acts or behaviour likely to affect the physical integrity, dignity, development or psychological well being of children. The relevant provisions must be sufficiently clear, binding and precise, so as to preclude the courts from refusing to apply them to violence against children. There will be no sufficient prohibition in law unless a state can demonstrate that legislation is interpreted as prohibiting corporal punishment and effectively applied as such.

"The Committee notes from another source2 that corporal punishment is lawful in the home. Provisions against violence and abuse in the Civil Code (1997), the Code of Administrative Offences, the Criminal Code (1999), the Law on Education (1997), the Law on the Elimination of Domestic Violence (2006) and the Constitution (1995) are not interpreted as prohibiting corporal punishment of children.

"The Committee considers that the situation is not in conformity with the Charter.

"The Committee concludes that the situation in Georgia is not in conformity with Article 17§1 of the Charter on the ground that corporal punishment of children is not explicitly prohibited in the home."

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