Partnership for Human Rights (PHR) secured the right to education for a child who was precluded from attending a public school by state bodies due to a technicality. PHR litigated the case with the support of the USAID Rule of Law Program.
An 11-year-old child needed to transfer from a private school to a public school after the death of his mother, his legal guardian. The child was now living with his grandmother, who was unable to pay the tuition fee at the private school located far from her residence. The grandmother applied to the Ministry of Education and Science and the schools to organize the transfer, but they refused because the grandmother was not the child's legal guardian. The location of the child's father has been unknown for years, leaving the child without a legal guardian.
In July 2022, the child appealed to PHR for help. PHR immediately applied to the Ministry of Education and Science, the Education Resource Center, and the public school in question on behalf of the child to seek a quick resolution. However, they again refused to enroll the child in the public school, claiming the child's application was inappropriate and insufficient to start the transfer. The state bodies informed the child that according to the order of the Minister of Education, the child did not have the right to demand the realization of the right to education.
PHR believed the refusal violated the child's right to education, deprived him of his legal capacity, and neglected his best interest. On September 7, 2022, PHR filed a motion with the Tbilisi City Court requesting immediate enrollment of the child in the nearest public school by the judge's order. On September 9, Tbilisi City Court Judge Tsitsino Rokhvadze completely granted the child's request, and starting from the new school year on September 15, the child will be able to attend the public school.