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Public Defender Addresses Prosecutor's Office and Social Service Agency concerning Violation of Rights of Juvenile Girl

On June 1, 2017, the Public Defender of Georgia addressed the Social Service Agency (LEPL) of the Ministry of Labour, Health and Social Affairs of Georgia with a recommendation with regard to the ineffective response to the violation of juvenile girl’s rights. The Public Defender of Georgia addressed the Prosecutor’s Office of Georgia with a proposal to launch an investigation with regard to the same case.

The Public Defender of Georgia studied the violation of the minor girl’s rights on his own initiative. According to the reports, a full-age person had sexual intercourse with minor E.E., who was under the age of 16, which resulted in pregnancy. The girl's family considered marriage as the only way out of the situation. A criminal case was brought before a court into the fact of establishing a sexual relationship with a person under the age of 16 (Article 140 of the Criminal Code of Georgia).

The study of the case revealed that the girl had to move to the man’s house against her will due to the stereotypical attitude towards women and girls in the society and the lack of proper moral and physical support. In addition, the girl stopped getting education.

The Public Defender considers that the case includes the signs of alleged domestic violence, particularly neglect and forced marriage. The case has been superficially and formally studied by the Social Service Agency and no measures have been taken to protect the interests of the juvenile. Although the risks of marriage are indicated in the recommendations prepared by a psychologist, this has not been taken into consideration. In addition, no effective measures have been taken to help the girl return to the educational process.

In his recommendation the Public Defender urged the Social Service Agency to take all the necessary measures to protect the juvenile girl’s rights and called on the Chief Prosecutor of Georgia to launch an investigation into the facts of forced marriage and domestic violence.

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