Constitutional Foundations and International Treaties
The foundation of the Georgian system of human rights is the Constitution of Georgia. Under Article 6, the Constitution of Georgia is the supreme law of the state, and every other legal act must conform to it — which means that restricting a human right by an inferior act, in contradiction of the Constitution, is unlawful. By the same article, the legislation of Georgia conforms to the universally recognized principles and norms of international law, and a treaty or agreement of Georgia that does not contradict the Constitution and the constitutional agreement has superior legal force in relation to domestic normative acts.
The practical consequence is clear: when a normative act or an administrative decision conflicts with the constitutional guarantees of human rights, those guarantees act in the dispute as precisely the boundary that no one — neither a state organ nor a private person — may cross.
The Right to Equality and the Prohibition of Discrimination
Under Article 11, all persons are equal before the law, and discrimination is prohibited on the grounds of race, colour, sex, origin, ethnic affiliation, language, religion, political or other views, social affiliation, property or title status, place of residence or other sign. Citizens of Georgia, regardless of their ethnic, religious or linguistic affiliation, have the right, without any discrimination, to preserve and develop their culture and to use their native language in private life or publicly.
The Constitution develops this guarantee with additional accents: the state ensures equal rights and opportunities for men and women and takes special measures to secure their essential equality and to eliminate inequality; the state also creates special conditions for the realization of the rights and interests of persons with disabilities. Equality is thus not only a prohibition of unequal treatment but also a mandate for positive action where factual inequality exists.
Private Life, Belief and the Freedom of Information
Under Article 15, the private and family life of a person is inviolable; restriction of this right is permissible only in accordance with law, for the purpose of ensuring state or public security necessary in a democratic society, the prevention of crime, or the protection of the rights of others. Personal space and communication are likewise inviolable: no one has the right to enter a dwelling or other possession against the will of the possessor, or to conduct a search. Such restriction is permissible by a court decision or, in urgent necessity provided by law, without one — and where restriction occurs in urgent necessity, the court must be notified no later than 24 hours, and the court confirms the legality of the restriction no later than 24 hours from the application. Information in official records connected with health, finances or other private matters must be accessible to no one without the consent of the person concerned, save in cases provided by law.
Article 16 proclaims freedom of belief, confession and conscience: these rights may be restricted only in accordance with law, for public security, health or the protection of the rights of others in a democratic society, while persecution of a person for belief and coercion to express an opinion about it are impermissible. Article 17 protects freedom of opinion and expression: persecution for opinion is impermissible, everyone has the right to freely receive and disseminate information, the mass media are free, censorship is impermissible, and everyone has the right of access to the internet and its free use.