On May 13, 2023, ten Child Rights Practice Group member civil and administrative law judges convened a meeting with the European Court of Human Rights (ECtHR) judges Tim Eicke and Lado Chanturia. The focus of the discussion, which was organized by the House of Justice with USAID Rule of Law Program support, was the right to private and family life in relation to child rights.
Opening remarks were made by Nino Balanchivadze, the USAID Rule of Law Program’s Legal Education and Bar Reform Advisor, and Eka Beselia, Head of the House of Justice. Ms. Balanchivadze emphasized the importance of enhancing the capabilities of individual judges through the facilitation of experience sharing and discussions among judges from different courts. “The application of ECtHR case law by national courts is crucial, as it is one of the 12 priorities outlined by the European Commission for Georgia's attainment of candidate status for European Union accession. In this regard, establishing platforms for dialogue between ECtHR and national judges is both timely and necessary.” – she said.
The meeting was also attended by the Chairman of the Constitutional Court of Georgia, Merab Turava, and the Constitutional Court judge Eva Gotsiridze.
Judge Chanturia provided an overview of two cases (N.TS v. Georgia and G.S. v Georgia) in which the ECtHR identified a violation of Article 8 concerning child rights. Judge Eicke discussed significant judgments by the Grand Chamber that addressed parental rights and child rights, such as Strand Lobben and Others vs. Norway and Abdi Ibrahim vs. Norway. He also referred to the chamber judgment in A.H vs. Germany, which involved the parental rights of a transgender woman.
The judges engaged in an interesting discussion on the standards of hearing a child's perspective and determining the child's best interests, as well as the effective implementation of these standards by national courts. The importance of providing sound reasoning in national judgments was underscored, and there was a consensus among the judges about the need for more frequent discussions of this nature.
The USAID Rule of Law Program plans to continue supporting similar initiatives aimed at ensuring that national judges are well-informed about recent ECtHR case law.