Esma Norakia
Invited Lecturer, Central University of Europe
Abstract
The Juvenile Justice Code is an unquestionably crucial law infusing Georgian legal reality with progressive approaches. However, a number of issues have arisen as a result of inadequate qualifications and experience. In addition to figuring out what constitutes the child’s best interests , secondary victimization has been a problem since 2016. Is the young person involved in the process truly experiencing trauma while justice is being administered?
The problem relates to the actual, extremely challenging, and degrading circumstances of minor victims. What happens to a minor victim of violence, what does the one go through from experiencing violence to disclosing it to the court or while the case is being considered? What is required of a witness by virtue of their position? How well-protected are their rights? We will attempt to respond to these enquiries here.
Within its frameworks, the legal analysis serving as the foundation for this study, examined Georgia’s present legislation, legal practice, and juvenile justice experience.
A number of European Court of Human Rights rulings have been studied for comparison; the methodology is founded on a descriptive and comparative research strategy, allowing for the identification of issues and the development of recommendations.
According to the study’s findings, professional retraining for those involved in the juvenile justice system, proactive state assistance, and increased public awareness are all essential for its effective operation.
Improving legal rules is advised for the proper operation of juvenile justice;
The legal analysis showed that national needs must be considered and the legal culture must be progressively changed while implementing international standards.
Keywords: Juvenile Justice, Legislative Reform, Judicial Practice, Public Awareness, Juvenile Witness, Victim, Victimization
JEL: K14; K38; K42
DOI: 10.52244/c2025.50
The article is in Georgian.
References
Barnahus Quality Standards, Summary, Guidance for Multidisciplinary and Interagency Response to Child Victims and Witnesses of Violence, published 2017. Reissued 2019.
Convention on the Rights of the Child;
Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, 11.05.2011.
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, Lanzarote – 25.10.2007;
Criminal Procedure Code of Georgia;
DIRECTIVE 2012/29/EU OF THE EUROPE-AN PARLIAMENT AND OF THE COUNCIL of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012L0029
Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, ECOSOC Resolution 2005/20;
Handbook on Investigation, Prosecution and Trial of Sexual Violence (for Investigators, Prosecutors and Judges), Caroline Edgerton, Tamar Dekanosidze, Goga Khatiashvili, Natia Barbakadze, Londa Bichikashvili – Council of Europe, UN Women, Equality Now,
Interaction with Child Victims and Witnesses, Guide, The Public Health Foundation of Georgia, 2017;
Judgment of the Supreme Court of Georgia of January 8, 2020 in case No. 603AP19;
Justice for Crimes of Child Sexual Abuse and Sexual Exploitation, Special Report of the Public Defender of Georgia, Tbilisi, 2021.
Juvenile Justice Code;
National Institute of Child Health and Human Development (NICHD) Protocol – Interview Guide, https://nichdprotocol.com/the-nichd-protocol/
Prosecutor’s Office of Georgia, Letter N 13/71851, October 7, 2025;
Publishing House “Lawyer’s World”, Tbilisi, 2020.
Sexual Crimes – Tamar Gegelia, Iza Kelenjeridze, Bachana Jishkariani,
United Nations, Sustainable Development; https://sdgs.un.org/goals
United Nations, Transforming our world: the 2030 Agenda for Sustainable Development https://sdgs.un.org/2030agenda
Y.v. SLOVENIA, 28/05/2015, application N 41107/10;