Amicus Curiae

Amicus Curiae Brief of the Public Defender on the Issue of Arrangement of the Vicinity of Childcare Facilities

On June 26, 2015 the Tbilisi City Court Administrative Board took into consideration the Amicus Curiae brief submitted by the Public Defender and with the children's best interests in mind, recognized it inadmissible to arrange cemeteries in the vicinity of the facilities for the children outside of family care.

The Public Defender appealed to the Administrative Chamber of Tbilisi City Court on June 24 on the admissibility, necessity and legitimacy of arranging cemeteries in the vicinity of childcare facilities.

Through the Amicus Curiae the Public Defender explained to the Court the related international standards and the national legislation in practice; It was noted that during the decision-making process, the Court shall substantively assess to what extent the arrangement of cemetery in the vicinity of childcare facilities and the effect, intensity and duration of the ceremonial rituals (psychological impact of noise, visual side of the processions ) related to the functioning of cemeteries meet the criteria of admissibility, necessity and substantiation. Also, to what extend does this kind of interference in the sphere protected by the right to privacy serve the achievement of legitimate goal and meet the proportionality criteria and the principle of fair balance.

Pursuant to the Constitution and the norms of international law, the issue of arranging the cemeteries in the vicinity of childcare facilities and the reasonability of its subsequent impact shall be carried out in the context of possible interference in the private life of minors and while discussing the issue of its reasonability the national/international norms and practices related to the issue of interference in private life shall be taken into account. Conditional upon the functioning of cemeteries, special attention should be paid to the relativity of impact and the possible damage on the child victims of violence/children outside of family care living in the childcare facilities.

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