UNFPA Georgia | Detection and referral of child marriage cases remains a problem - new study by UNFPA and the Public Defender

Detection and referral of child marriage cases remains a problem - new study by UNFPA and the Public Defender

Press release

The presentation of the research on “Harmful Practices of Early/Child Marriage in Georgia - Current Challenges and Solutions” was organized by the United Nations Population Fund (UNFPA) Georgia Country Office.

The research was conducted by the Centre for Democracy and Governance within the framework of the Joint UN Programme for Gender Equality, in cooperation with the Office of the Public Defender of Georgia and with the financial support of the Government of Sweden.

The event will be opened by Ms Lela Bakradze - Head of the United Nations Population Fund (UNFPA) Georgia Country Office, Ms Nino Lomjaria - Public Defender of Georgia, Mr Niko Tatulashvili - Advisor to the Prime Minister of Georgia on human rights issues, and Mr Ulrik Tideström - Ambassador of the Kingdom of Sweden to Georgia.

The purpose of the research is to analyse the barriers to the implementation of law and justice in cases of early/child marriage in Georgia and to promote the improvement of the policy of preventive and effective response to such cases, through the development of relevant recommendations.

“The research that we presented today gives us unique information related to monitoring the measures taken to prevent and eliminate harmful practice of early/child marriage. While the rate of child marriage in the country totals 14%, a multisectoral approach and effective cooperation between relevant agencies are of particular importance. UNFPA will continue to provide continuous support to the country in its effort to prevent this harmful practice as much as possible and protect the right of every young person to receive an education and be able to realize their full potential.” - said Ms Lela Bakradze, Head of the UNFPA Georgia Country Office.

74 criminal cases committed and brought to justice in 2020 and 2021 were analysed as part of the research. The research also includes analysis of proceedings in cases completed in the Court of First Instance or the Court of Appeal, or proceedings in cases which were terminated. The research also contains the results of qualitative research prepared on the basis of interviews and focus groups with representatives of the state agency working on early/child marriage issues and school students, and 51 cases which occurred in 2020-2021 and in the first 6 months of 2022 studied by the Office of the Public Defender of Georgia.

“Despite the law prohibiting the registration of marriage of persons under age 18, which had a positive effect on the reduction of such cases, the cases of unregistered child marriages or actual cohabitation, which are often done illegally, are believed to be widespread. The detection of cases of early marriage and their referral to the responsible agencies, as well as effective and strong coordination between educational and medical institutions, the Agency for State Care and the Ministry of Internal Affairs, are particularly problematic. In order to prevent such crimes, it is necessary to implement complex measures, which include measures aimed at educational, social and economic empowerment, building capacity for positive youth development, improving sexual and reproductive health care.” - said Ms Nino Lomjaria, Public Defender of Georgia.

Based on the findings of the research, proposals were developed to be submitted to the Parliament of Georgia, which will contribute to the harmonization of national legislation with international standards. Key findings emphasizing the importance of coordinated and proactive work by relevant agencies were also highlighted, including the following:

Effective and strong coordination between educational institutions, the Agency for State Care and the Ministry of Internal Affairs and the proper functioning of referral procedures still remain problematic;
Detection of cases of child marriage and their referral remain a problem. Cases of non-fulfilment or insufficient fulfilment of legal obligations by the entities responsible for referral were identified;
Relevant specialists, especially teachers, do not have adequate information and knowledge about the detecting indicators, referral procedures and obligations related to early/child marriage;
It is particularly difficult for agencies to respond to cases of child marriage that do not constitute a crime. This, to some extent, can be explained by the lack of effective legislation;
In case of marriage or informal union where one or both parties are minors, the authorities are mostly unable to identify the alleged forced marriage;
In most cases, the motive of gender discrimination is not identified, which is caused by not asking appropriate questions while interviewing a victim/witness and the inability to find appropriate evidence;
The cases of involvement of psychologists, victim witness coordinators and lawyers are very rare;
Plea bargains have been agreed upon in most cases. In particular, out of 39 cases, plea bargains have been agreed upon in 29 cases (74%); The practice of plea bargaining is especially common in case of the crimes of sexual intercourse by an adult with a person under the age of 16 and unlawful deprivation of liberty;
Due to child marriage underage girls frequently drop out of school and face many practical barriers to go to school and attend classes;
Public awareness of the harmful practice of child marriage and related laws and regulations is still low, which is why most of the alleged crimes are not reported to the police or other state agencies;
Unlike previous years, the Ministry of Internal Affairs does not compile and publish detailed and segregated statistics on crimes related to child marriage.