On the Elimination of All Forms of Discrimination

Law of Georgia

On the Elimination of All Forms of Discrimination

Article 1. Purpose of the Law🔗

The purpose of this Law is to eliminate all forms of discrimination and to ensure equal enjoyment by any natural and legal person of the rights established by the legislation of Georgia, regardless of race, skin colour, 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, health status, disability, sexual orientation, political or other opinion or other characteristic.

Law of Georgia of 2 April 2025 No. 430 – website, 04.04.2025.

Article 2. Concept of discrimination. Prohibition of discrimination🔗

1. Any form of discrimination is prohibited in Georgia.

2. Direct discrimination is such treatment or creation of conditions which, when a person enjoys the rights established by the legislation of Georgia, places the person in an unfavourable situation on the ground of any characteristic provided for by Article 1 of this Law compared to other persons in analogous conditions, or places persons in an equal situation in essentially unequal conditions, except where such treatment or creation of conditions serves a purpose defined by law for the protection of public order and morals, has an objective and reasonable justification and is necessary in a democratic society, and the means used are proportionate to the achievement of such purpose.

3. Indirect discrimination is such a situation where a provision, criterion or practice that is neutral in form and discriminatory in essence places a person in an unfavourable situation on the ground of any characteristic provided for by Article 1 of this Law compared to other persons in analogous conditions, or places persons in an equal situation in essentially unequal conditions, except where such situation serves a purpose defined by law for the protection of public order and morals, has an objective and reasonable justification and is necessary in a democratic society, and the means used are proportionate to the achievement of such purpose.

3¹. Harassment is any persecution, coercion and/or unwanted behaviour towards a person on any ground, which aims at or results in an infringement of the person's dignity and the creation of an intimidating, hostile, degrading, dignity-infringing or offensive environment for the person.

3². Sexual harassment is any unwanted verbal, non-verbal or physical behaviour of a sexual nature, which aims at or results in an infringement of the person's dignity or the creation of an intimidating, hostile, degrading, dignity-infringing or offensive environment for the person.

3³. The State, in accordance with the Law of Georgia on the Rights of Persons with Disabilities, takes all possible measures to ensure reasonable accommodation. Unjustified refusal of reasonable accommodation shall also be considered discrimination.

4. Discrimination on multiple grounds is discrimination on the ground of two or more characteristics.

5. Any act aimed at coercing, inciting or assisting a person, or giving instructions to a person, to carry out discrimination provided for by this Article is prohibited.

6. Under the conditions defined by this Article, discrimination exists regardless of whether a person actually has the characteristic provided for by Article 1 of this Law on the ground of which a discriminatory act was carried out against the person.

7. Special and temporary measures developed to encourage or achieve de facto equality shall not constitute discrimination, in particular − in matters of equality between women and men, pregnancy and motherhood, as well as in respect of a person with disabilities. 8. Any difference, exclusion and preference related to a particular job, activity or field, which is based on specific requirements, shall not be considered discrimination.

9. Different treatment, the creation of conditions and/or a situation shall be permissible if there is an overriding interest of the State and the interference of the State is necessary in a democratic society.

10. The principle of equal treatment shall also apply to:

a) employment and pre-contractual relations, including:

a.a) in pre-contractual relations, the selection criteria and hiring conditions, as well as access to career advancement, at all levels of the professional hierarchy, regardless of the field of activity;

a.b) access to all forms of professional orientation, upgrading of qualifications, professional training and retraining (including practical professional experience);

a.c) the conditions of employment, work, remuneration and termination of employment relations;

b) membership of and activity in an organisation of employees, an organisation of employers or an organisation whose members belong to a particular professional group, including benefits received from these organisations;

c) the conditions of social protection and health protection, education, the supply of goods and services, including:

c.a) social protection, social security, social benefits and others;

c.b) health protection services;

c.c) access to education;

c.d) the receipt of publicly available goods and services (including housing).

11. Within the scope of subparagraph „c“ of paragraph 10 of this Article, the principle of equal treatment, taking into account the specificities of the fields indicated in subparagraphs „c.a“−„c.d“ of the same paragraph, shall apply in accordance with the rules and conditions determined by the legislation of Georgia.

Law of Georgia of 19 February 2019 No. 4281 – website, 25.02.2019.

Law of Georgia of 14 July 2020 No. 6827 – website, 28.07.2020.

Law of Georgia of 2 April 2025 No. 430 – website, 04.04.2025.

Article 3. Scope of application of the Law The requirements of this Law shall apply to the actions of public institutions, organisations, natural and legal persons in all fields, but only where such actions are not regulated by another legal act that complies with paragraphs 2 and 3 of Article 2 of this Law.🔗

Article 4. Measures to be implemented to eliminate discrimination Any institution shall be obliged to:🔗

a) bring its activities, as well as legal acts and internal regulations, if they exist, into compliance with this Law and other anti-discrimination legislation;

b) respond promptly and effectively to any fact of alleged discrimination;

c) in the event of confirmation of a fact of discrimination, in accordance with Georgian legislation and internal regulations, impose liability on the offending person subordinate to it and ensure the elimination of the consequences of discrimination without infringing the rights and legitimate interests of a third person.

Article 5. Rule and Scope of Interpretation of this Law 1. No provision of this Law may be interpreted in such a way that it implies restriction of the rights of a religious association arising from freedom of religion (including the right to religious service), provided that the enjoyment of these rights does not infringe public order, public safety and/or the rights of others.🔗

2. No provision of this Law may be interpreted in such a way that it contradicts the Constitution of Georgia and the Constitutional Agreement between the State of Georgia and the Georgian Apostolic Autocephalous Orthodox Church.

3. Measures implemented to eliminate discrimination or the exercise/protection by a person or group of persons having any characteristic provided for by Article 1 of this Law of their own rights shall not infringe public order, public safety and/or the rights of others.

4. It is prohibited to enjoy the rights defined by this Law in such a way that it aims at or causes the incitement of enmity between persons or groups of persons having any characteristic provided for by Article 1 of this Law.

5. No provision of this Law may be interpreted in such a way that it nullifies any right or freedom defined by an international treaty ratified by the Parliament of Georgia or restricts it more than is provided for by that treaty itself.

Article 6. Exercise of supervision over the elimination of discrimination and the ensuring of equality 1. Supervision over the elimination of discrimination and the ensuring of equality shall be exercised by the Public Defender of Georgia.🔗

2. In order to exercise the powers conferred by the legislation of Georgia, the Public Defender of Georgia:

a) considers the application and complaint of a natural or legal person or group of persons who consider themselves victims of discrimination;

b) studies the fact of discrimination both where an application or complaint exists and on his/her own initiative, and issues an appropriate recommendation;

c) prepares and sends general proposals to the appropriate institution or person on matters of preventing and combating discrimination;

d) for the purposes of this Law, develops opinions on necessary legislative amendments and submits them to the Parliament of Georgia in the form of a legislative proposal;

e) summons the victim of discrimination and the person carrying out the alleged discriminatory act and endeavours to conclude the case through reconciliation of the parties;

f) in order to restore the rights of the victim of discrimination, addresses the appropriate institution or person with a recommendation, if the conclusion of the case through reconciliation proves impossible and there is sufficient material confirming discrimination;

g) is entitled, as an interested person, in accordance with the Administrative Procedure Code of Georgia, to apply to a court and to request the issuance of an administrative-legal act or the performance of an act, if the administrative body has not responded to his/her recommendation or has not shared that recommendation and there is sufficient evidence confirming discrimination;

h) records and analyses statistical data on the facts of discrimination;

i) carries out measures to raise public awareness on matters of discrimination;

j) cooperates on matters of discrimination with state institutions of Georgia, international organisations, public organisations and representatives of academic circles.

Law of Georgia of 2 April 2025 No. 423 – website, 03.04.2025.

Article 7. Special report of the Public Defender of Georgia 1. The Public Defender of Georgia shall once a year develop and publish a special report on the state of combating and preventing discrimination and of equality in the country.🔗

2. The special report of the Public Defender of Georgia shall contain general assessments, conclusions and recommendations on the state of combating and preventing discrimination and of equality in the country, as well as information on significant violations identified and measures carried out.

Article 8. Consideration of a case by the Public Defender of Georgia 1. A person who applies to the Public Defender of Georgia with an application/complaint shall indicate the facts that give grounds for the presumption of the commission of a discriminatory act, and shall submit the relevant materials.🔗

2. A person shall submit to the Public Defender of Georgia the facts and relevant evidence that give grounds for the presumption of the commission of a discriminatory act, after which the person who committed the alleged discriminatory act shall bear the burden of proving that discrimination was not committed.

3. If the Public Defender of Georgia deems it necessary, he/she is entitled to schedule an oral hearing and to invite the parties to conclude the case by settlement. In the event of concluding the case by settlement, the Public Defender of Georgia shall monitor the fulfilment of the obligations determined by the settlement act.

4. Any administrative, state authority (including the prosecutor's office, investigative, judicial body) and municipal body shall be obliged to transfer the materials, documents, explanations and other information related to the consideration of the case, in compliance with the rules established by law, to the Public Defender of Georgia within 10 calendar days of the request. If information is received voluntarily from a private person, at his/her own request he/she may be reimbursed for the costs of copying and postal services related to the transfer of information.

5. The Public Defender of Georgia shall consider an application/complaint in accordance with the procedure established by the legislation of Georgia.

Law of Georgia of 15 July 2020 No. 6877 – website, 28.07.2020.

Article 9. Adoption of a decision by the Public Defender of Georgia 1. The Public Defender of Georgia shall suspend the proceedings if, on the same fact of alleged discrimination:🔗

a) the court is considering the dispute;

b) administrative proceedings are ongoing;

c) criminal prosecution is ongoing.

2. The Public Defender of Georgia shall terminate the proceedings if, on the same fact of alleged discrimination:

a) there is a court judgment in the case;

b) as a result of the consideration of the application/complaint, the fact of discrimination was not established.

3. If, as a result of the consideration of the application/complaint by the Public Defender of Georgia, the fact of discrimination was established and the consequences of the discrimination have not been eliminated, the Public Defender of Georgia, taking into account the circumstances of the case, shall complete the proceedings by issuing a recommendation on the implementation of measures to restore the violated equality.

Article 10. Applying to court with a claim 1. Any person who considers himself/herself a victim of discrimination shall have the right to file a claim with the court against the person/institution which, in his/her opinion, committed discrimination against him/her, and to demand compensation for moral and/or material damage.🔗

2. The procedure for applying to court with a claim shall be determined by the Civil Procedure Code of Georgia.

Article 11. Participation of a third party in the process of hearing a case 1. An organisation, institution or association whose field of activity includes the protection of persons against discrimination has the right to apply to the Public Defender of Georgia with a request to be joined as a third party in the process of hearing a case provided for by this Law.🔗

2. The Public Defender of Georgia is entitled to grant the request provided for by paragraph 1 of this Article only with the consent of the person who considers himself/herself a victim of discrimination.

Article 12. Protection of persons in the implementation of procedures defined by law 1. Any negative treatment of and influence on any person is prohibited on the ground that he/she applied with an application or complaint to the relevant body for protection against discrimination or cooperated with it.🔗

2. In the implementation of the procedures defined by this Law and thereafter, the relevant body shall ensure the confidentiality of personal information related to the victim of discrimination in accordance with the Law of Georgia "On Personal Data Protection". It is prohibited to provide such information to a third party without the consent of the victim of discrimination, except in cases directly defined by law.

3. In the event of non-fulfilment of the requirements of this Article, the victim of discrimination has the right to apply to the Public Defender of Georgia with an application.

Article 13. Entry into force of the Law This Law shall enter into force upon publication.🔗

President of Georgia Giorgi Margvelashvili

Kutaisi,

2 May 2014

No. 2391-IIs