The Legal Framework of the Rights of Persons with Disabilities
The Law of Georgia on the Rights of Persons with Disabilities defines the basic principles and mechanisms that ensure, without discrimination and on an equal basis with others, independent living and full participation in all spheres of life. Under Article 1 of the law, its aims include the realization of individual autonomy and independence, including free choice, free movement and the inviolability of private and family life, the development of opportunities for independent living and full participation in community life, the prevention and elimination of stigmatization of persons with disabilities, protection from exploitation, violence, ill-treatment and discrimination, and accessibility of services in any area. The law establishes both the rights and duties of administrative bodies and private legal subjects in implementing these principles and mechanisms. Foreign regimes such as the American ADA standard often serve as a comparative model of accessibility compliance, but in Georgia the legal basis is precisely this law.
The Key Definitions of the Law
Article 2 of the law defines the concepts on which the whole system is built. A person with disability is a person with a long-term physical, mental, intellectual or sensory impairment whose interaction with various barriers may hinder their full and effective participation in community life on an equal basis with others. Reasonable accommodation is a principle requiring necessary and appropriate modification in each specific case that does not impose a disproportionate or excessive burden and ensures the realization of rights on an equal basis with others. Universal design means the design of products, environments, teaching, programmes and services usable by all people without the need for special adaptation or specialized design. The law also defines sign language, the accessible environment, independent living as autonomy and control over one's own life, the personal assistant service, and the biopsychosocial model assessing health and disability through biological, psychological and social factors. The law further introduces the concepts of website and application, reflecting attention to the accessibility of the digital environment.
Equality Before the Law and the Prohibition of Discrimination
Under Article 3, the state ensures equality of persons with disabilities before the law and the realization of their rights on an equal basis with others in all spheres of community life, takes appropriate measures and supports mechanisms oriented to the rights of persons with disabilities and tailored to their needs. The state pays particular attention to protecting women and girls with disabilities from discrimination and to creating appropriate conditions for realizing the equal rights, freedoms and opportunities of women and men, taking into account their specific needs. Article 5 prohibits any form of discrimination on the ground of disability, both direct and indirect, and provides that discrimination also includes refusal of reasonable accommodation in accordance with this law. The state undertakes all appropriate measures to promote equality through reasonable accommodation and to eliminate discrimination. In addition, every person with disability has the right to the inviolability of their physical and mental integrity on an equal basis with others.