On November 25, 2022, the Samtredia District Court approved the request of Rights Georgia, ruling that Nia* will no longer need her abusive father’s permission to study at the school in the area where she and her mother now live. Rights Georgia has been litigating the case with the support of the USAID Rule of Law Program. 

"Words cannot describe the emotions and happiness that I felt during the hearing when the judge announced the decision. It's a great joy that I don't have to ask permission from the abusive father on matters related to our child's education. I am happy that from today on, I can provide for the education of my child independently," -  says Maia*, Nia’s* mother. 

The victims of violence against women and/or domestic violence often have to relocate to escape violent domestic environment. Apart from escaping the immediate threat, however, the move often causes significant disruption to their daily lives. State agencies’ support to the victims of domestic violence must consider the complex and specific needs of women and minors, but, unfortunately, this has not always been the case. 

On October 17, 2022, the police issued a restraining order to Maia’s husband, due to the psychological and economic violence inflicted on her, and the neglect of the minor's interests. To escape the violent environment, the child moved to another region of Georgia to live with her mother. Due to the change in their place of residence, it became necessary for Nia* to change her school as well, which the her father categorically refused to allow.

In order to ensure the child’s future access to education, Maia* appealed - with the support of Rights Georgia - to the Sagarejo public school and then the Ministry of Education and Science of Georgia requesting to approve the transfer of the minor from the Sagarejo to Vani public school. The Ministry, without properly studying the factual circumstances, maintained that the father's consent was necessary to effect Nia’s transfer to her new school. This approach put the abuser in an advantageous position compared to the mother, the victim of violence, and created a substantial threat to the minor's right to get an education. This was then appealed to Court in Samtredia.

On November 25, Judge Murtaz Kapanadze issued an interim order and the child will now be able to continue receiving education at the new school, without the consent of the father. However, it is now essential that the Ministry of Education and Science of Georgia immediately implement the court's decision. 

The USAID Rule of Law Program and Rights Georgia hope that this decision will prevent an unjustified restriction on the right to education and will not create artificial barriers for the survivors of domestic violence towards rebuilding their lives free from violence and fear.