Freedom of religion and belief is guaranteed by the Constitution of Georgia and represents one of the most fundamental human rights. Georgia, as a multi-ethnic and multi-confessional country, faces the challenge of ensuring equality for all religious groups. Legislation protects an individual's right to choose, change, and express their religion, as well as the right not to have a religion. Nevertheless, in practice, legal disputes related to the rights of religious minorities, property issues, construction permits, and discrimination in public or private spaces are frequent.
Georgia has a special Constitutional Agreement (Concordat) between the State and the Orthodox Church, granting it a special status. Other religious associations register as Legal Entities of Public Law. This legal dichotomy often raises questions about equality. Qualified legal assistance is essential for religious organizations to protect their status, property, and activities, as well as for individuals facing harassment based on religion.
What does the Religious Freedom service cover?
- Registration of Religious Organizations: Legal assistance in the process of registering a religious association with the Public Registry.
- Property Disputes: Disputes regarding the restitution of historic religious buildings, land ownership, or transfer (so-called "disputed buildings").
- Construction Permits: Legal support in obtaining permits for the construction of places of worship (mosques, synagogues, churches) and appealing refusals.
- Religious Discrimination: Protecting employees if they are fired or harassed for wearing religious attire or praying.
- Compulsory Military Service: Requesting alternative labor service for individuals whose beliefs forbid bearing arms (freedom of conscience).
- Education System: Protecting the rights of students and teachers in schools from religious indoctrination or discrimination.
Common scenarios requiring this service
A typical scenario is a religious community wishing to build a house of prayer, which the municipality refuses for unsubstantiated reasons or due to neighbor protests. In such cases, an administrative dispute in court is necessary. Another scenario involves dismissal from work for wearing a hijab or other religious symbols, which constitutes direct discrimination. A third case involves a young man drafted into the army who is a follower of a pacifist religious movement; he needs legal assistance to request alternative service.
Georgian Legal Framework
The field is regulated by the Constitution of Georgia (Article 16 - Freedom of belief, religion, and conscience). Important is the Constitutional Agreement between the State of Georgia and the Apostolic Autocephalous Orthodox Church of Georgia. The registration of religious associations is governed by the Civil Code and the Law on Public Registry. Prohibition of discrimination is outlined in the Law on the Elimination of All Forms of Discrimination. Construction of places of worship is subject to general construction regulations, though specific approaches exist in practice.
Step-by-step service process
First, the lawyer assesses whether religious freedom has been violated or if it is a general legal issue. For construction permits, documentation is prepared and submitted to the City Hall. In case of refusal — an appeal follows. In cases of discrimination, a complaint can be filed with the Public Defender or directly to the court. Regarding military service, a substantiated application is prepared for the conscription commission with documents proving religious beliefs.
Why choose a specialist on Legal.ge?
Protecting religious freedom requires a sensitive and qualified approach. On Legal.ge, you will find lawyers experienced in defending the rights of religious minorities who are familiar with both national legislation and international standards.
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