Frequently Asked Questions

  • On May 2, 2014, the Parliament of Georgia adopted the Law “On the Elimination of All Forms of Discrimination” that entered into force upon promulgation - on May 7, 2014.

  • The aim of the law is to eliminate all forms of discrimination and to ensure equal rights of every natural and legal person under the legislation of Georgia irrespective of:

    • Race;
    • Skin colour;
    • Language;
    • Sex; 
    • Age;
    • Citizenship;
    • Origin; 
    • Place of birth or residence;
    • Property or social status;
    • Religion or belief;
    • National;
    • Ethnic or social origin;
    • Profession;
    • Marital status;
    • Health;
    • Disability;
    • Sexual orientation; gender identity and expression;
    • Political or other opinions;
    • Or other characteristics.

  • Discrimination is unreasonable restriction of equal rights of every natural and legal person under legislation of Georgia due to the characteristics specified above.

  • The Public Defender of Georgia monitors the elimination of discrimination and the process of ensuring equality.

  • The Public defender of Georgia:
    a) to discuss the applications and complaints of natural and legal persons or groups of persons, who consider themselves to be victims of discrimination;

    1. b) to examine acts of discrimination based on applications or complaints, as well as on his/her own initiative and make appropriate recommendations;
    2. c) to prepare and forward general proposals to relevant institutions or persons on the issue of preventing and combating discrimination;
    3. d) to prepare opinions regarding necessary legislative changes and submit them to the Parliament of Georgia as legislative proposals;
    4. e) to invite a victim of discrimination and an alleged discriminating person, and try to settle the case by mutual agreement of the parties;
    5. f) to submit recommendations to relevant institutions or persons to restore the rights of victims of discrimination if the parties fail to reach an agreement and if there is sufficient evidence of discrimination;
    6. g) is authorized to apply to a court, as an interested person, according to the Administrative Procedure Code of Georgia, and request the issue of an administrative legal act or the performance of an action, unless an administrative body responds to or shares a recommendation and there is sufficient evidence of discrimination;
    7. h) to record and analyze statistical data on discrimination cases;
    8. i) to organize events to raise public awareness of discrimination;
      j) to cooperate with various international governmental and non-governmental organizations, local non-governmental organizations and the representatives of local civil society on discrimination issues.

  • The Public Defender of Georgia considers statements and appeals of citizens of Georgia, foreign citizens and stateless persons, as well as legal entities under private law, and political and religious associations that consider themselves to be victims of discrimination. 
    What are requirements for submitting the application/complaint? 
    A person who submits the application/complaint to the Public Defender of Georgia shall provide the following:
    • Name, surname
    • DOB
    • Personal identification number
    • Contact information (address, telephone, email)
    • Name and surname, contact information and power of attorney of a representative, if any;
    • A person who committed or is committing an alleged act of discrimination (natural or legal person, public institution indicating its name and surname/name and registration address);
    • Detailed description of facts submitted that provide grounds for suspecting discrimination (preferably, including relevant evidence that confirm discrimination);
    • Whether criminal proceedings are under way due to the same alleged discrimination
    • If administrative proceedings are under way and at what stage these proceedings are at the time of the submission of the application/complaint;
    • Whether there are court proceedings under way due to the same alleged act of discrimination and at what stage these proceedings are at the time of the submission of the application/complaint;
    • If the applicant applied to any alternative mechanism of dispute resolution and at what stage the process is at the time of the submission of the application/complaint;
    • Signature by person/persons or their representatives submitting the application/complaint;
    • a list of enclosed documents.
    In case the application/complaint lacks the indicated information the applicant will be given specified period of time to rectify this shortcoming.

  • A person who submits the application/complaint to the Public Defender of Georgia is to indicate facts that provide grounds for the alleged discriminatory action and to present relevant evidence;

    As a result of the above the alleged discriminating person shall bear burden of proving that discrimination did not occur.

  • Any administrative, local self-government and state body (including the Prosecutor's Office, investigation and court bodies) is obliged to transfer materials, documents, other information and explanations related to the case hearing to the Public Defender within 10 calendar days after request as provided for by law.

  • If the Public Defender of Georgia considers it to be necessary, it may schedule an oral hearing and invite both parties to settle the case by mutual agreement.

    If the case is settled by mutual agreement, the Public Defender of Georgia will monitor the fulfillment of the obligations determined by the settlement agreement

  • The Public Defender of Georgia: 
    Tries to settle the case by mutual agreement of the parties;
    Submits recommendations to relevant institutions or persons to restore the rights of victims of discrimination if the parties fail to reach an agreement and if there is sufficient evidence of discrimination;

    Prepares and forwards general proposals to relevant institutions or persons on the issue of preventing and combating discrimination;
    Is authorized to apply to a court, as an interested person, according to the Administrative Procedure Code of Georgia, and request the issue of an administrative legal act or the performance of an action, if an administrative body fails to respond to or share a recommendation and there is sufficient evidence of discrimination;

  • In order to eliminate discrimination, any institution is obliged to:

    Bring its activity, legal acts and internal regulations, if any, into conformity with this Law and other anti-discrimination legislation;

    Respond promptly and efficiently to any alleged act of discrimination;

    If an act of discrimination is confirmed, impose liability on offenders under its control according to the legislation of Georgia and internal regulations and ensure that the consequences of discrimination are eliminated without prejudice to the rights and legitimate interests of third persons.

  • Any person considering himself/herself to be a victim of discrimination, may bring a court action against the person/institution which he/she considers to have committed the act of discrimination and may claim for moral and/or material damages.

    If due to the same alleged discrimination court proceedings are under way and simultaneously, natural or legal person or groups of persons have submitted the application/complaint to the Public Defender’s Office, in this case the Public Defender of Georgia ends the proceedings.

  • The Public Defender of Georgia suspends proceedings if due to the same alleged discrimination:

    1. a) The dispute is pending in court;
    2. b) Administrative proceedings are under way;
    3. c) Criminal proceedings are under way.

  • The Public Defender of Georgia terminates proceedings if due to the same alleged discrimination:

    1. a) There is a court decision on the case;
    2. b) The act of discrimination was not confirmed after examination of the application/complaint.

  • An organization, institution, or association, engaged in the protection of persons from discrimination, may apply to the Public Defender of Georgia with the request to participate in the proceedings as a third party;

    The Public Defender of Georgia is authorized to satisfy a request of an organization, institution, or association only with consent of the person who considers himself/herself to be a victim of discrimination.

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