Ethnic Discrimination and the Protection of the Criminal Code
Language, citizenship, origin and place of birth are essential parts of personal identity, and the Criminal Code of Georgia treats unequal treatment based on these grounds as a distinct crime. The Code defines both the composition of the violation of the equality of human beings and the separate offence of persecution, and sets out clear penalties for each. This page explains which acts fall under these norms, what sanctions the law prescribes, and how we can assist if you have experienced discrimination on ethnic grounds or face an accusation in such a case.
What the Norm on the Violation of Equality Prohibits
It is punishable to violate the equality of human beings on the grounds of their language, citizenship, origin, place of birth, place of residence, religion or belief, profession, political or other views, sex, age, or another ground, where the act has substantially violated a human right. Language, citizenship, origin and place of birth are precisely the grounds that characterise ethnic discrimination, so unequal treatment because of ethnic affiliation falls directly within the composition of this offence. Such an act is punished by a fine or corrective labour for up to one year and/or imprisonment for up to two years.
Where aggravating circumstances are present, liability is stricter: the same act committed through the use of an official position, or causing grave consequences, is punished by a fine or imprisonment for up to three years, with deprivation of the right to hold an office or to carry out an activity for up to three years or without it. For such an act a legal person is punished by liquidation or deprivation of the right to carry out an activity and/or a fine.
Persecution as a Separate Offence
Ethnic discrimination is often accompanied by persecution. Under the law, persecution of a person for word, opinion, conscience, confession, faith or creed, or in connection with political, public, professional, religious or scientific activity, is punishable. It is punished by a fine or house arrest from six months to one year, or imprisonment for up to two years. Where the persecution is committed with violence or the threat of violence, through the use of an official position, or has caused significant damage, the punishment is a fine or house arrest from one to two years, or imprisonment for up to three years, with deprivation of the right to hold an office or to carry out an activity for up to three years or without it. The two compositions are often applied together, and an accurate assessment requires careful analysis of the facts.
What to Do if You Face Ethnic Discrimination
If you have experienced discrimination on ethnic grounds, document the facts early: record the dates, write down what happened, identify witnesses and preserve written evidence such as correspondence and statements. The next step is the correct legal qualification: the same fact pattern may or may not contain the elements of a crime, and only an experienced lawyer can assess it. The procedure, the time limits and the competent bodies are determined by the criminal procedure legislation, and the correct qualification has a direct impact on the measure of punishment, so an early consultation is far more effective than a delayed intervention.
Frequently Asked Questions
Below we answer the questions we hear most often when working on ethnic discrimination cases.
On which grounds does unequal treatment count as a crime?
The law addresses language, citizenship, origin, place of birth, place of residence, religion or belief, profession, political or other views and other grounds. In ethnic discrimination cases one typically deals with language, citizenship, origin or place of birth, where a human right has been substantially violated.
What penalty awaits a person who violates equality?
Under the basic composition — a fine or corrective labour for up to one year and/or imprisonment for up to two years; an act committed through the use of an official position or causing grave consequences is punished by a fine or imprisonment for up to three years, with deprivation of the right to hold an office or to carry out an activity for up to three years or without it.
Can an organisation be held liable for a discriminatory act?
Yes — by liquidation or deprivation of the right to carry out an activity and/or a fine. This sanction is separate and does not replace the liability of the physical person involved.
What is the difference between the violation of equality and persecution?
The violation of equality means a substantial infringement of a human right on a protected ground, while persecution is linked to word, opinion, conscience, faith or creed, or to political, public, professional, religious or scientific activity. The same facts may be assessed under both compositions.
How We Help on Legal.ge
The Legal.ge team works on ethnic discrimination and persecution cases: we assess the facts, determine the prospects of a qualification, help gather evidence and prepare the statement, and, where necessary, represent the accused or the victim throughout the proceedings. Contact us — an initial assessment will help you decide in a timely and informed manner.