The Law on the Rights of Persons with Disabilities in Everyday Operations
The Law of Georgia on the Rights of Persons with Disabilities imposes accessibility standards not only on state authorities but on every public and private organization. Its individual articles regulate independent living, work and employment, access to justice, and the obligations of administrative bodies. For an organization this means that a compliance package must combine the physical environment, services, information and staff training — otherwise there is a risk of both legal liability and reputational damage.
The foundation of the law is the principle of independent living: the state promotes the full participation of persons with disabilities in all spheres of public life, on an equal basis with others, as well as access to various support services, publicly used facilities and means of communication. The law understands communication broadly, covering language, displayed text, Braille, tactile communication, large print, accessible multimedia, written or audio means, easy language, a reader, augmentative and alternative methods, means and formats of communication, including accessible information and communication technologies.
Independent Living and the Areas of Accessibility
The law defines the directions in which accessibility must be ensured. Competent authorities, within their competence, develop and introduce the services, standards and regulations needed for independent living, so that practical barriers, obstacles and stereotypes are removed. The law also protects freedom of personal choice: a person with disabilities has the right to choose their own place of residence, and forcing them to live in a specially allocated place is prohibited unless conditioned by a necessity provided for by Georgian legislation or by the specifics of the penitentiary system. The inviolability of private and family life is likewise protected — arbitrary or unlawful interference in correspondence and other communication is forbidden.
The areas of accessibility on which the law focuses include:
- use of the personal assistant service;
- use of assistive means necessary for independent living;
- access to information, support and consultation;
- equal participation in the social, cultural, sporting, economic and political life of the country;
- equal accessibility of the physical environment, buildings, roads, transport, information, housing, medical facilities, the workplace and communication technologies and systems;
- compliance with accessibility standards for public facilities, state institutions and other services.
Personal data protection is part of this process: for the purposes of independent living, data are processed in accordance with the requirements of the Law on Personal Data Protection. In cooperation, an organization must know that transferring the data of a person with disabilities to another person is possible only for the receipt of the corresponding benefit and on a proper legal basis.
Work and Employment
In the sphere of labour, the law obliges the state to promote the employment of persons with disabilities in the open labour market, under conditions equal to others, including through the use of temporary special measures. In contractual and pre-contractual employment relations, the equal right to just and favourable conditions of work, to a safe and healthy working environment, and to protection from forced labour and discrimination is protected.
Employment programmes embrace the promotion of self-employment and the organization of one’s own entrepreneurial activity. Employment in the public and private sectors is promoted through action plans that may include preferential mechanisms for employers, special training and retraining of the person, adaptation of the environment, financial support of employer-initiated programmes and other benefits. In the public sector, the Administration of the Government ensures the accessibility of the services it administers. For an employer this means that workplace adaptation and staff preparation is a process compatible not only with risk reduction but also with state support instruments.
Access to Justice
The law obliges the state to ensure access to justice for persons with disabilities. This covers both the creation of appropriate procedural mechanisms and any reasonable accommodation, so that a person can participate fully in all types of administrative proceedings, notarial acts, and in the processes of investigation, court examination, alternative dispute resolution and enforcement.
The state supports law-enforcement bodies and the territorial services and units of the Legal Aid Service in ensuring accessibility — understood as accessibility of both infrastructure and services. The practical significance is that a business partner or customer with particular needs must be able to go through every legally significant stage of interaction with you without barriers.
Obligations of Administrative Bodies and the Action Plan
The law obliges an administrative body to ensure the introduction of universal design, or adaptation to universal design standards, of existing and under-construction buildings and other infrastructure, so that every institution within its governance is fully accessible. It must also ensure the full accessibility of every relevant service in its system, tailored to the relevant needs, including the offer of adapted programmes and materials — audiobooks, books printed in Braille, sign-language interpretation and subtitles.
To fulfil these obligations, an administrative body develops and approves an action plan for adaptation and the ensuring of universal design, indicating the measures to be implemented and the corresponding deadlines, and supervises its implementation. Additional duties are: to facilitate the implementation of the unified strategy and action plan approved by the Government of Georgia; to ensure the ongoing retraining of relevant staff to develop the skills needed for interacting with persons with disabilities; and to participate, within its competence, in drafting normative acts, strategies, action plans and instructions. A similar approach benefits a private organization as well: its own adaptation plan, with defined deadlines and responsible persons, is the most effective protection against both legal and reputational risks.
Frequently Asked Questions
What does accessibility mean under the law?
Equal access to the physical environment, buildings, roads, transport, information, housing, medical facilities, the workplace and communication technologies, as well as support services — the personal assistant service and assistive means. For administrative bodies, an adaptation and universal design action plan is mandatory.
How should an organization act when an employee has particular needs?
In employment relations, the equal right to just and favourable conditions and a safe environment is protected, and discrimination is prohibited. Workplace adaptation and the person’s training or retraining fall within the support of state action plans.
In what formats should information be made accessible?
Through Braille, tactile communication, large print, accessible multimedia, written or audio means, easy language, a reader, sign-language interpretation, subtitles and other augmentative and alternative formats.
What is the adaptation action plan and who must adopt it?
An administrative body must develop and approve a universal design action plan with measures and deadlines and supervise its implementation. A similar plan is best practice for a private organization.
How is participation in justice protected?
The state ensures procedural mechanisms and reasonable accommodation for full participation in administrative proceedings, notarial acts, investigation, court hearings, alternative dispute resolution and enforcement.
How We Help on Legal.ge
On Legal.ge you can find lawyers in health and social law and in administrative law who will help you assemble an accessibility compliance package: from planning an environment audit to drafting an adaptation plan, together with a staff training programme and a list of adapted service formats. Choose a specialist and receive a practical, law-based plan.