Purpose and Scope of the Law
The first article of the Law of Georgia on the Elimination of All Forms of Discrimination sets as its purpose the elimination of all forms of discrimination and the assurance of equal enjoyment of the rights established by the legislation of Georgia for every natural and legal person, regardless of race, color, language, sex, age, citizenship, origin, place of birth, place of 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 opinion or any other characteristic. Under the third article of the law, its requirements apply to the actions of public institutions, organizations and natural and legal persons in all spheres, provided those actions are not regulated by another legal act that conforms to the relevant provisions of the second article.
The Concept and Forms of Discrimination
The second article of the law defines the forms of discrimination. Direct discrimination is such treatment or the creation of such conditions as place a person, because of a listed characteristic, in a less favorable position compared with other persons in analogous conditions. Indirect discrimination means a provision, criterion or practice that is neutral in form but discriminatory in substance and leads to the same result. The law separately defines harassment — persecution, coercion or unwanted conduct aimed at or causing the violation of a person's dignity and the creation of an intimidating, hostile, degrading or offensive environment — and sexual harassment, any unwanted verbal, non-verbal or physical conduct of a sexual nature with the same effect. Multiple discrimination means discrimination on the basis of two or more characteristics. The state must take all possible measures to ensure reasonable accommodation, and an unjustified refusal of reasonable accommodation is also deemed discrimination.
What Does Not Count as Discrimination
The law clearly separates permissible differential treatment from prohibited discrimination. Discrimination does not include special and temporary measures designed to encourage or achieve factual equality, especially with respect to the equality of women and men, issues of pregnancy and maternity, and with respect to persons with disabilities. Difference, inadmissibility and privilege connected with a particular job, activity or sphere that is based on specific requirements do not constitute discrimination either. In addition, differential treatment, the creation of conditions or a situation is permissible where a compelling state interest exists and the intervention of the state is necessary in a democratic society. The correct application of these exceptions is often precisely the subject of litigation, because the claimant takes the view that the invoked exception in fact justifies a discriminatory practice.
The Role of the Public Defender and the Examination Procedure
Supervision over the elimination of discrimination and the assurance of equality is exercised by the Public Defender of Georgia. He or she considers applications and complaints of persons who consider themselves victims of discrimination; studies the fact of discrimination both upon an application and on his or her own initiative and issues a recommendation; seeks to end the case through the reconciliation of the parties; addresses the respective institution or person with a recommendation for the restoration of the victim's rights where reconciliation proves impossible and sufficient confirming materials exist; and is authorized to apply to a court if his or her recommendation was not answered or shared. The examination procedure contains an important procedural guarantee: the applicant must submit facts and respective evidence giving grounds to presume a discriminatory act, after which the burden of proof shifts to the person who allegedly committed the discriminatory act — that person must prove that discrimination was not committed. Any administrative organ of state power, including prosecutorial, investigative and court organs, and any organ of a municipality is obliged to transfer the materials, documents, explanations and other information connected with the examination to the Public Defender within 10 calendar days of the request. The Public Defender suspends the examination if a court is considering a dispute on the same fact, administrative proceedings are under way or criminal prosecution is in progress, and terminates the case where a court decision exists or the fact was not confirmed.
Court Dispute, Compensation and Third Parties
Under the tenth article of the law, any person who considers himself or herself a victim of discrimination has the right to bring an action in court against the person or institution that, in his or her view, committed discrimination, and to demand compensation for moral and-or material damage; the procedure for applying to the court is determined by the civil procedure legislation. Third persons also have an opportunity to join: an organization, institution or association whose field of activity includes the protection of persons from discrimination has the right to apply to the Public Defender with a request to be involved as a third party in the examination, yet the request may be satisfied only with the consent of the person who considers himself or herself a victim of discrimination.
Frequently Asked Questions
Who supervises the elimination of discrimination?
The Public Defender of Georgia. He or she considers applications and complaints, studies facts also on his or her own initiative, issues recommendations and, where necessary, applies to a court as well.
Who must prove that there was no discrimination?
After the complainant submits facts giving grounds to presume discrimination, the burden of proof shifts to the alleged violator, who must prove that discrimination was not committed.
What may be claimed in court?
A victim of discrimination has the right to demand compensation for moral or material damage from the person or institution that committed the discrimination.
How We Help on Legal.ge
Our team will assess your situation, help collect the materials giving grounds to presume discrimination, prepare a complaint to the Public Defender and a claim to the court, and represent your interests at every stage. Contact Legal.ge and together we will defend your dignity and rights.