PUBLIC DEFENDER OF GEORGIA CHILD’S RIGHTS CENTRE SpECIAL REPORT ON PROTECTION OF THE CHILD’S RIGHTS IN GEORGIA’S HIGHLAND REGIONS. 2015 WWW.OMBUDSMAN.GE The publication was prepared with the financial assistance of UNICEF. The views expressed herein are those of the authors and can therefore in no way be taken to reflect the official opinion of UNICEF. Table of Content Table of Content...............................................................................................................................................3 Protection of the Rights of the Child in Georgia’s Highland Regions..........................................................4 Introduction......................................................................................................................................................4 1. Legal Instruments Used in the Monitoring Process................................................................................5 Analysis of a legal framework........................................................................................................................5 2. The Methodology of Monitoring................................................................................................................5 2.1 Stages of Implementation.........................................................................................................................6 2.2 Processing the information/data obtained as a result of the monitoring mission and developing responses.....................................................................................................................................6 3. The Right of the Child to be Protected from Poverty and Inadequate Standard of Living.................7 4. Right to Healthcare in Highland Regions of Georgia................................................................................10 5. Right to General Education.........................................................................................................................16 6. Violence against Children and other Inappropriate Treatment in Highland Regions of Georgia.....21 7. Realization of the Rights of the Minors with Disabilities........................................................................25 8. Implementation of Foster Care and Reintegration Sub-Programmes in Georgia’s Highland Regions.................................................................................................................................................................29 3 Protection of the Rights of the Child in Georgia’s Highland Regions Introduction The present document represents a special report on outcomes of a child protection monitoring mission to Georgia’s Highland regions within the frames of a UNICEF supported Empowering the Centre for Children’s Rights project implemented by the Public Defender’s Office from 1 May 2014 to 31 January 2015. The monitoring aimed at evaluating the implementation of children’s rights and freedoms through assessing their relevance to domestic and international standards as well as developing practical recommendations and proposals for better realisation of the rights of minors. The monitoring process was based on the key principles of trust, confidentiality, security, professionalism, accuracy, neutrality, impartiality, sensitivity, visibility and promotion1. In addition, the monitoring process heavily relied on the guiding principles, standards and recommendations developed by the UN Committee on the Rights of the Child (CRC) as well as on Concluding Observations on the Rights of the Child issued by CRC on 28 June 2000 and 23 June 20082. The systemic and comprehensive monitoring which assessed the quality of the implementations of these documents was conducted in a manner encouraging minors’ participation and considering the best interests of the children based on equality, appropriate treatment and non-discrimination principles. The monitoring process covered Mestia, Kazbegi, Akhmeta, Oni, Ambrolauri, Khulo, Shuakhevi and Keda territorial units. The present report introduces outcomes of the monitoring in in the following key areas: realisation of the right to be protected from poverty and inadequate standard of living, the right to healthcare and a quality of its implementation, protection of minors from violence and other kinds of inappropriate treatment, the right to education and its quality and effective implementation and the rights of children with disabilities and foster care placement. Members of the Key Monitoring Group Maia Gedevanishvili – Head of the Centre for Children’s Rights at the Public Defender’s Office, psychologist; Mariam Bochorishvili – A lawyer of Empowering the Centre for Children’s Protection pro- ject administered jointly by the Public Defender’s Office and UNICEF; Mariam Janiashvili - A lawyer of Empowering the Centre for Children’s Protection project administered jointly by the Public Defender’s Office and UNICEF 1 Office of the United Nations High Commissionaire for Human Rights (2001), Textbook in Monitoring Human Rights, series of professional trainings 7, Chapter 5, guiding principles, p. 87, Geneva, 2001, ISBN 92-1-154137-9. 2 http://www.refworld.org/type,CONCOBSERVATIONS,CRC,GEO,4885cfab0,0.html 4 1. Legal Instruments Used in the Monitoring Process Analysis of legal framework - The following domestic and international acts represent a set of legal instruments for the monitoring of the rights of children in Georgia’s Highland regions: The Constitution of Georgia The UN Convention on the Rights of the Child The Universal Declaration of Human Rights The Convention for the Protection of Human Rights and Fundamental Freedoms Council of Europe Convention on the Protection of Children Against Sexual Exploitation and Sexual Abuse The International Covenant on Economic, Social and Cultural Rights Law of Georgia on the Protection of Personal Data Law of Georgia on General Education The Order of the Minister of Education and Science of 11 November 2008 on Approving the National Objectives for Preschool Education The Joint Order N152/n-N496-N45/n of 31 May 2010 of the Ministers of Labour, Health and Social Protection, Internal Affairs and Education and Science The Order N308/n of 2001 of the Minister of Labour, Health and Social Protection on Approving Sanitarian Rules and Norms for Organising, Equipping and Establishing Labour Regime of Preschool and General Education Institutions The Resolution N78 of 15 January 2014 by the Georgian Government - Technical Standing Order for Approving Sanitarian Nutritional Rules and Norms at Preschool Institutions The Resolution 520-IS of 28 September 2000 on Obligatory Health Certificate in Preschool, General Education and Higher Education Facilities Action Plan for Child Welfare and Protection for 2012 – 2015 approved by the Resolution 762 of the Government of Georgia on 24 April 2012 Council of Europe Convention on Access to Official Documents Other domestic/international legal acts on the rights of the child The monitoring team analysed the legislation based on the legal instruments mentioned above and comparison of the outcomes. 2. The Methodology of Monitoring 2.1 Stages of Implementation The First Stage: Selecting central/local authorities for monitoring purposes, developing instruments 5 Selecting programmes and sub-programmes on central and local levels, identifying target groups and developing relevant instruments Requesting documentation, introducing and informing Accessing photo and audio materials, copies of documents required for proper implementation of the monitoring and evaluation Action points: Monitoring of institutions under central/local authorities, establishing a level and quality of compliance to existing standards and monitoring general education institutions and boarding schools while keeping in mind realisation of interest as well as capacities and psycho-social development of the beneficiaries. Actions taken: 30 education and care institutions were monitored by the team based on visual and documentation assessment, while affairs were conducted and information requested on 80 more general education institutions were conducted Action points: Workshops with the representatives of central/local authorities – discussing systemic problems, identifying individual violations. Actions taken: 20 workshops in regional centres of the Ministry of Education and Science, the Ministry of Labour, Health and Social Protection, in executive agencies of local self-government Action points: Special visits to the groups of the most vulnerable and unprotected children in order to assess the situation on the ground and identify impartial factual evidences Actions taken: the representatives of the Public Defender visited households living below the poverty line, special education institutions for children with disabilities/special education needs. Thematic meetings with were also conducted with representatives of multidisciplinary teams, relevant information requested and individual cases studied and processed. 2.2 Processing the information/data obtained as a result of the monitoring mission and developing responses Information obtained through the monitoring mission as well as cases of violation have been processed based on the following methods and activities: Recommendations and Proposals3 –Develop relevant recommendations and proposals to submit to respective central and local authorities based on identification of individual/ collective cases of violations of the right of the minors living