The Public Defender of Georgia addressed a recommendation to the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, as well as the Agency for State Care and Assistance for Victims of Human Trafficking.

When studying an individual case, a number of challenges related to the absence of an independent mechanism were identified in the process of determining a representative authority for a child in state care by the guardianship and care body. These challenges are related to the use of a child-friendly approach, maximum protection of confidentiality and creation of an environment free from possible conflicts of interest, which, in the opinion of the Public Defender, indicates the need to create an impartial mechanism.

The recommendation aims to involve an independent person in the process of determining the representative authority of a child in state care. The Public Defender focuses on listening to the child's opinion, his/her informed participation and free expression of position, including the creation of an environment where the minor is protected from any possible influence.

It is welcome that in connection with the above-mentioned recommendation, the State Care Agency expressed its readiness to strengthen the effective implementation of the standards defined by the recommendation in the future, as well as to work towards strengthening processes tailored to the best interests of the child and realizing the right to full access to justice. In order to support this process, according to the central body of guardianship and care, work will continue with local units to improve existing practices and systematically refine them.

The Public Defender of Georgia positively assesses the position of the guardianship and care body and notes that full access to justice for children is a fundamental basis for protecting their rights.