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.
Education and Health Care
Article 8 obliges the state, through effective mechanisms and the use of technologies, equipment and educational resources matching the needs of persons with disabilities, to ensure an accessible, high-quality inclusive education system guaranteeing continuous education and the development of personality and creative abilities. The state also ensures access to technical and professional orientation programmes, vocational and continuing education. Under Article 9, in health care the state, taking into account individual needs, ensures access to health care services on an equal basis with others. This includes accessibility of health care institutions, health care programmes, standards and methods making specific services accessible, and preventive, early diagnosis and treatment-rehabilitation services.
Work and Employment
Article 11 regulates the state's obligations in the sphere of labour. The state promotes the creation of opportunities for persons with disabilities to obtain employment in the open labour market under equal conditions with others, including through the use of temporary measures. It protects the right to work in employment and pre-contractual relations and ensures an equal right to just and favourable conditions of work, a safe and healthy environment, and protection from forced labour and discrimination. The state promotes employment programmes supporting self-employment and the organization of one's own entrepreneurial activity, and action plans in the public and private sectors, which may include incentive mechanisms for employers, special training and retraining of the person, adaptation of the environment, financial support of employer-initiated programmes and other incentives. To promote employment in the public sector, the Administration of the Government of Georgia ensures the accessibility of the services it administers.
Frequently Asked Questions about Accessibility
What is reasonable accommodation?
It is a principle under which each specific case requires necessary and appropriate modification that does not create a disproportionate or excessive burden and ensures the realization of rights on an equal basis with others.
Is refusal of reasonable accommodation discrimination?
Yes. Under Article 5 of the law, discrimination also includes refusal of reasonable accommodation made in accordance with this law.
What does an inclusive education system cover?
It means accessible and high-quality education based on appropriate technologies, equipment and educational resources, giving persons with disabilities the possibility of continuous education.
What incentives may an employer have?
State-supported programmes may include incentive mechanisms for employers, adaptation of the environment and financial support of employer-initiated programmes.
How We Help on Legal.ge
If you or a family member faces accessibility barriers in education, health care, employment or the receipt of services because of disability, the Legal.ge team will help identify the applicable rights, assess the facts of discrimination and prepare an appropriate request or complaint. We will review your situation through the prism of the law's principles and set out concrete steps of protection.