UN Child Rights Committee Finds Georgia Violated Child Rights in Church-Run Orphanage

A follow-up report in 2018 by the Public Defender’s Office highlighted ongoing systemic issues within the orphanage and called for urgent oversight and improvement in child care.

The UN Child Rights Committee has determined that Georgia failed to uphold its child rights obligations by neglecting to promptly address frequent physical and psychological abuse of children in a closed-type orphanage operated by the Georgian Orthodox Church. This conclusion follows the Committee's review of a complaint filed on behalf of 57 children residing at Ninotsminda St Nino Children’s Boarding School.

Among these children, the individual cases of M.L. and L.K. illustrated severe mistreatment. M.L., born in 2008, was placed in the orphanage from age three to thirteen, enduring harsh punishments for bedwetting. Caregivers often instructed older children to hit her with sticks or hands and forced her to take psychotic medications at age 11. L.K., born in 2003, faced inadequate food, poor hygiene, restricted movement, and neglect, particularly affecting her brother with disabilities.

"Children deprived of their family environment are entitled to special protection and assistance from the State, which is their custodian," said Committee member Benoit Van Keirsbilck, emphasizing the Georgian government's responsibility for the abuses in the orphanage.

Ninotsminda St. Nino Children’s Boarding School, a residential facility for orphans and children without parental care, was first reported in a 2015 Public Defender’s Office of Georgia report for frequent psychological and physical bullying among children and corporal punishments by caregivers. Despite these findings, the orphanage was granted a care license in 2016 under the new Law of Georgia on Licensing of Educational Activities.

A follow-up report in 2018 by the Public Defender’s Office highlighted ongoing systemic issues within the orphanage and called for urgent oversight and improvement in child care. However, the Public Defender’s Office was denied access to the orphanage for nearly a year from June 2020.

NGO Partnership for Human Rights escalated the issue to various courts in Tbilisi and eventually brought the case to the UN Committee in May 2021. The Committee immediately requested interim measures, granting access to the Public Defender’s Office.

In June 2021, the Public Defender's Office conducted a comprehensive assessment of the orphanage, resulting in the transfer of 27 children to alternative care. By November 2021, 15 children, including at least one with a disability, still remained at the orphanage, with unresolved issues.

The Committee concluded that Georgia failed to protect the children at Ninotsminda St Nino Children’s Boarding School from violence and abuse, violating the Convention on the Rights of the Child. The Committee has called on Georgia to provide effective reparation to the victims, including compensation, rehabilitation, a public apology, reassessment of those still under State care, and independent investigation and prosecution of those responsible. The reparation measures should be coordinated with the child victims to incorporate their views.

"We are appalled at the situation these children faced, deprived of their families from a young age and throughout their childhood. The treatment they received will have life-long consequences on their development," Van Keirsbilck said. "Regular and independent monitoring of institutions where children reside is essential to ensure that the treatment and living conditions comply with child rights standards and that these violations are not repeated in the future."