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.
The Inviolability of Liberty and the Safeguards of Detention
Under Article 18, human liberty is inviolable, and deprivation of liberty or other restriction of personal liberty is impermissible without a court decision. Detention is permissible in cases defined by law by a specially authorized person; a detained or otherwise liberty-restricted person must be presented to the court no later than 48 hours, and if the court does not adopt a decision within the following 24 hours, the person must be released immediately.
A detained or arrested person must have their rights and the ground for the restriction of liberty explained to them immediately upon detention; they may demand the assistance of a defender immediately upon detention, and this must be satisfied. The term of pre-trial detention of an accused must not exceed 9 months. Violation of the requirements of this article is punishable by law, and a person detained or arrested unlawfully has the right to receive compensation.
Procedural Rights and Judicial Protection
Article 31 establishes procedural guarantees: everyone has the right to apply to a court for the protection of their rights, and the right to a fair and timely hearing is ensured; every person must be judged only by the court whose jurisdiction covers their case; the right of defense is guaranteed — personally or through an advocate. A person is presumed innocent until their guilt is proven by a court judgment of guilty that has entered into legal force; the burden of proving the accusation lies with the prosecutor, and every doubt that cannot be confirmed is resolved in favor of the accused. Evidence obtained in violation of law has no legal force, and no one is obliged to testify against themselves or their close relatives.
Article 42 extends these guarantees with the general right of access to court: everyone has the right to apply to a court for the protection of their rights and freedoms, and everyone is guaranteed full compensation, through the courts and from the respective state, autonomous republic or local self-government funds, for damage unlawfully caused by the organs and officials of the state, the autonomous republics and the self-government. In this way the full cycle is created: right — violation — court — compensation.
Frequently Asked Questions
Within what time must a detained person be presented to a court?
Under Article 18, no later than 48 hours; and if the court does not adopt a decision within the following 24 hours, the person must be released immediately.
How long may pre-trial detention last?
The term of pre-trial detention of an accused must not exceed 9 months.
May a dwelling be entered in an urgent case?
Only in urgent necessity provided by law, where the court is notified within 24 hours and confirms the legality of the restriction within 24 hours of the application.
Do international treaties have superior force?
Yes — under Article 6, a treaty of Georgia that does not contradict the Constitution has superior legal force in relation to domestic normative acts.
How We Help on Legal.ge
The protection of human rights begins with understanding which constitutional guarantee covers which disputed situation: equality against discrimination, the inviolability of private life against unlawful interference, the inviolability of liberty against groundless detention, and procedural guarantees against unfair proceedings. Each of these directions rests on concrete terms and procedures.
The lawyers working on Legal.ge will help you determine the constitutional qualification of the violation, prepare the complaint and the claim, plan the application to the court or the competent body, and formulate the grounds for claiming compensation for damage. Contact us for a consultation — a right that is properly defended actually works.