The process of making decision, focused on the best interests of minors, within the basis of multidisciplinary principle

Abstract

A multidisciplinary approach is a chain of protection of the rights of minors, uniting several institutions, each of which is aimed to the well-being of children. The legal guarantee for the realization of this right in Georgia is the Law of Georgia “Code of the Rights of the Child”, adopted in 2019.  Despite the abovementioned issue, a case discussed with a multidisciplinary approach is not automatically associated with the basis of the best decision for the child. Judicial practice and the reports of the Public Defender reveal that in many cases the competence of persons involved in the civil proceedings, like psychologists, social workers or lawyers, fail to ensure the proper protection of the best interests of children. Despite the legislator being imperatively establishing the obligation of having the concrete specialization of the participating persons, the mentioned norm is not clear, neither indicates the limits of their required competence nor determines the authorized agency that will be responsible for their retraining.  Due to it, it is undefined how the court should assess the specialization of these persons and how to take into account the conclusions prepared by them, which are not implemented by pre-defined, consistent mechanisms and are based only on their own experience and practice. To highlight the relevance of the aforementioned issues, the paper will examine decisions of both the national courts and the European Court of Human Rights, and will also present recommendations and conclusions.