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Thursday, 15 September, 2022
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Ministry of Justice Holds Interagency Meeting regarding the Hague Convention on Child Support

The representatives of the legislative, executive and judicial authorities got acquainted today with the changes prepared in the Ministry of Justice.

The purpose of the draft law is to bring Georgian legislation closer to European law, in particular, to recognize as binding the Hague Convention of November 23, 2007 "On International Recovery of Child Support and Other Forms of Family Maintenance" and the Protocol of November 23, 2007 "On the Law Applicable to Maintenance Obligations".

In case of ratification of the Hague Convention and Protocol, international recovery of child support from responsible persons will be ensured for children in Georgia, if necessary. The contracting states of the Convention will cooperate to establish a system of mutual assistance and to implement efficient and speedy enforcement of justice in disputes of an international nature of family support.

In addition to the fact that mandatory recognition of these legal acts is an obligation for our country under the agenda of association between Georgia and the European Union, the convention sets a high standard for the protection of the child's rights taking into account his/her best interests.

It is planned to ratify the Hague Convention and Protocol in the near future.
The discussion on the legislative changes prepared for the implementation of the Hague Convention and Protocol was held in Georgia with the support of the United Nations Development Program (UNDP).

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According to the Strasbourg Court, Publicly Made Insulting, Obscene, and Degrading Statements Fall Outside the Scope of Freedom of Expression

The European Court of Human Rights in Strasbourg upheld the position of the Ministry of Justice in the case of Miladze v. Georgia, confirming that publicly made insulting, obscene, and degrading statements directed at public officials are not protected under the right to freedom of expression.

The case concerned a video published on the social media platform TikTok in 2022, in which the applicant, civil activist Irakli Miladze, used obscene and insulting language toward the Mayor of Tbilisi, City Hall employees, and police officers. As a result, the national courts imposed a fine of 500 GEL, the minimum penalty provided for by law.

The Strasbourg Court unanimously held that the applicant’s statements did not amount to political criticism or the expression of views on a matter of public interest. According to the Court’s assessment, the language used was intended primarily to humiliate and insult public officials.

The Court also agreed with the reasoning of the national courts, noting that they had properly distinguished between harsh political criticism, which is protected in a democratic society, and personal insults, which are not. The judgment further emphasized that the sanction imposed on the applicant was minimal and proportionate, as he received only the lowest fine available under the law.

Today’s ruling by the Strasbourg Court reaffirmed an important principle: freedom of expression is one of the fundamental values of a democratic society and protects even strong and offensive criticism; however, it does not extend to humiliating or personally insulting statements directed at others, including public officials and civil servants.

The judgment further underscores that the state is entitled to protect political officials and public servants from unjustified verbal abuse and insults, ensuring that they are able to perform their duties in an environment free from attacks that undermine their dignity.

The Court’s assessment once again highlights the fundamental importance of freedom of expression, while clearly establishing that the exercise of this right — particularly on the internet and social media platforms — must not infringe upon the dignity and rights of others.