Abstract:

The adoption of the code on the rights of the child in Georgia, which is based on the principles of the Convention on the Rights of the Child and the Universal Declaration of Human Rights, led to the recognition of minors as full-fledged subjects in legal relations, as well as established mechanisms, that are the basis for ensuring court decisions based on the best interests of the child.

Along with the radical growth of children’s rights, a number of problematic issues are identified in the process of civil litigation, which is due to the lack of practical experience and the existence of legislative gaps. Raising a minor in a healthy environment and providing him/her with appropriate material conditions is important for the child’s development and formation as a fullfledged member of society and the realization of this depends on the legal process, which should be built on the mechanisms for protecting the best interests of the child.

The paper will discuss the main features of the protection of the best interests of minors and the criteria that should be considered by the court in the decision-making process. Decisions of the national and European Court of Human Rights on juvenile cases will also be presented, as a way to solve the existing problem and recommendations will be offered.

 

Keywords:

child, court, representation, decision

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