On May 24, 2024, the UN Child Rights Committee (“Committee”) adopted its final decision on a case concerning the protection of children at Ninotsminda Orphanage, which should result in a process of replacing the long-stay orphanage system with alternative care, a process known as “deinstitutionalization.”

The Committee concluded that the State party failed to protect the rights of 21 child victims, who were deprived of their family environment and some of whom had disabilities. Partnership for Human Rights litigated the case with the support of the USAID’s Promoting Rule of Law in Georgia and Rule of Law Programs.

The case concerned the State party’s failure to protect the rights of children from physical and psychological violence in a type of closed, church-run orphanage. The Committee found the official authority had not monitored the children at the Ninotsminda boarding school since June 2020, and on April 15, 2021, the Public Defender’s Office was denied access to conduct a monitoring visit. On May 19, the PDO was again denied access to the Boarding School.

May 24, 2024, the Committee adopted the final decision on this case. The Committee concluded that the State party failed to protect the rights of the 21 child victims, who were deprived of their family environment and some of whom had disabilities, in violation of their rights under article 19 (1) read in conjunction with article 37(a), 20 and 23, of the Convention. The Committee also concluded that the national authorities have not shown due diligence in investigating the numerous allegations of violence, abuse, and ill-treatment promptly and effectively, in violation of the State party’s obligations under Articles 3.1, 3.2, and 19 in conjunction with Article 37(a) of the Convention and that the State party has failed to ensure the rights of the 21 child victims to be heard and express their views concerning their placement in institutions. In the context of criminal proceedings, the State party violated its obligations under Articles 3, 12, and 23 of the Convention.

According to the Committee, the State party is under an obligation to provide an effective reparation to the child victims, including adequate, comprehensive, and timely compensation and rehabilitation, as well as conduct an effective, independent and prompt investigation of all criminal cases and the prosecution of those found responsible.

The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in any private or public institution.