The Essence and Purpose of the Equality Law
Civil rights law in Georgia places equality guarantees at its centre. Under Article 1 of the Law of Georgia on the Elimination of All Forms of Discrimination, the purpose of the law is to eliminate all forms of discrimination and to ensure that every natural and legal person enjoys the rights established by Georgian legislation on an equal basis. Protection extends to everyone regardless of race, colour of skin, language, sex, age, citizenship, origin, place of birth or residence, property or social status, religion or belief, national, ethnic or social affiliation, profession, family status, state of health, disability, sexual orientation, political or other views, or any other ground. Such a broad catalogue means the law establishes one equal legal standard for all rather than protecting selected groups.
The Concept and Forms of Discrimination
Article 2 of the law defines the forms of discrimination. Direct discrimination is treatment, or the creation of conditions, that places a person at a disadvantage because of any protected ground compared with other persons in analogous circumstances. Indirect discrimination exists where a provision, criterion or practice that is neutral in form is discriminatory in substance. Harassment is persecution, coercion or unwanted conduct that violates dignity and creates an intimidating, hostile or offensive environment, while sexual harassment covers unwanted verbal, non-verbal or physical conduct of a sexual nature. Discrimination on multiple grounds exists where it occurs because of two or more grounds. It is prohibited to coerce, incite or instruct a person to discriminate against a third person. Importantly, discrimination exists regardless of whether the person actually possesses the ground because of which the discriminatory act was carried out. At the same time, special and temporary measures designed to promote or achieve de facto equality, in particular regarding equality between women and men, pregnancy and maternity, and towards persons with disabilities, do not constitute discrimination. An unjustified refusal of reasonable accommodation, in accordance with the Law on the Rights of Persons with Disabilities, is also deemed discrimination.
The Scope of the Law and the Areas of Equal Treatment
Under Article 3, the requirements of the law apply to the actions of public institutions, organisations, natural persons and legal persons in all areas, unless those actions are regulated by another legal act consistent with the law. The principle of equal treatment extends specifically to labour and pre-contractual relations: selection criteria and hiring conditions, access to career advancement at every level of professional hierarchy regardless of the field, access to professional orientation, qualification development, training and retraining in all forms, and the conditions of employment, remuneration and termination. It also covers membership in organisations of employees or employers, social protection and social security, health care services, education, and publicly available goods and services, including housing.
Oversight by the Public Defender and the Consideration of Cases
Under Article 6, oversight of the elimination of discrimination and the ensuring of equality is exercised by the Public Defender of Georgia. It examines complaints of persons who consider themselves victims of discrimination, studies the facts both upon application and on its own initiative, issues recommendations, drafts legislative proposals for Parliament and seeks reconciliation of the parties. If a recommendation is not fulfilled and sufficient evidence confirming discrimination exists, the Public Defender addresses the relevant institution or person with a recommendation to restore the victim's rights, and may apply to a court as an interested person. Article 8 regulates the consideration procedure: the applicant presents facts giving grounds to presume a discriminatory act, after which the burden of proof shifts to the alleged violator, who must prove that discrimination did not occur. Administrative, state power, including prosecutorial, investigative and judicial, and municipal bodies are obliged to transfer case-related materials to the Public Defender within 10 calendar days of the request. Where necessary, the Public Defender may appoint an oral hearing and summon the parties for reconciliation.
Applying to a Court and Third-Party Participation
Under Article 10, any person who considers themselves a victim of discrimination may bring a claim in court against the person or institution that, in their view, discriminated against them, and may demand compensation for moral and/or material damage. The procedure for applying to court is determined by the Civil Procedure Code of Georgia. Article 11 allows an organisation, institution or association whose field of activity includes protecting persons from discrimination to request to join the consideration of a case as a third party, but only with the consent of the person who considers themselves a victim. This leaves control over the process with the person whose rights were infringed.
Frequently Asked Questions about Equality Protection
Who exercises oversight over the elimination of discrimination?
Under Article 6, oversight is exercised by the Public Defender of Georgia, which examines applications, studies facts, issues recommendations and may apply to a court as an interested person.
How is the burden of proof distributed?
Under Article 8, the victim presents facts and evidence giving grounds to presume discrimination, after which the person alleged to have discriminated bears the burden of proving that no discrimination occurred.
How quickly must bodies transfer information to the Public Defender?
Administrative, state power, including prosecutorial, investigative and judicial bodies, as well as municipal bodies, must transfer case-related materials within 10 calendar days of the request.
Can I demand compensation for damage?
Yes. Under Article 10 you may demand moral and/or material compensation from the person who committed discrimination, and the rules for bringing a claim are set by the Civil Procedure Code.
How We Help on Legal.ge
If you believe you have been discriminated against at work, when receiving services, in education or in any other area, the Legal.ge team will help you assess your situation legally, prepare an application to the Public Defender or draft a statement of claim for court. We will distinguish between the forms of discrimination, evaluate your evidence and set out the most effective route to protection.