Recommendations

Public Defender of Georgia Establishes Discrimination on Grounds of Different Opinion against Ltd Biblusi

On December 4, 2017, the Public Defender of Georgia addressedLtdBiblusi with a recommendation concerning direct discrimination on grounds of different opinion. The applicant's interests were represented in the Public Defender's Office by the National Human Rights Education and Monitoring Center (EMC).

According to the factualcircumstances of the case, the applicant, along with other employees, publicly spoke about the labour conditions in Ltd Biblusi on Facebook. On February 15, 2017, the applicant was dismissed due to gross violation of the obligations under the labour contract and labour regulations.

Later, the applicant tried to enter Biblusi Gallery as a customer, but representative of the company did not let him/her in. In a few minutes after breaking through the building, the guard requested him/her to leave the building and explained to him/her that his/her "behavior caused very big disorder, [...] fuss, noise, disturbance ..."and therefore,"the supervisors considered it necessary [...] that [the applicant] has no right to enter the building"andis "anunwelcome and unacceptable guest" and the guard was categorically warned “not tolet him/her in”the Biblusi Gallery territory.

In the recommendation, the Public Defender pointed out that the applicant’s right to publicly talk about the labour conditions in the Ltd Biblusi, regardless of whether it was true, false or insulting, was protected by the applicant's freedom of expression. Consequently, the Public Defender considered that the restriction on the applicant's right to enter the Biblusi Gallery territory and enjoy its services was a disproportionate measure, which did not serve a legitimate aim and therefore was not justified.

Due to all the abovementioned, the Public Defender considered thatLtd Biblusi directly discriminated G.K. on grounds of different opinion on February 21, 2017.

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