Special Report on Fight against Discrimination, Its Prevention and Situation of Equality

On October 25, 2016, the Public Defender of Georgia presented a special report on Combating and Preventing Discrimination and the Situation of Equality.

The report covers the period from 1 September 2015 to 31 August 2016. In the reporting period the Public Defender examined 113 cases, including 7 cases initiated on his own motion. In the previous reporting period overall 107 cases where examined, out of which 4 cases were initiated by the Public Defender. In the reporting period 12 recommendations and 2 general proposals were developed, while last year 1 recommendation and 2 general proposals were elaborated. Furthermore, 6 Amicus Curiae briefs were submitted compared to 2 Amicus Curiae briefs in the last year. Proceedings were terminated in 41 cases compared to 8 terminated cases last year. 19 cases were declared inadmissible in contrast with 21 inadmissible complaints last year.

The report reviews shortcomings of the anti-discrimination legislation; statistical data of the Equality Department; application of standard of distribution of burden of proof by the Public Defender; recommendations and general proposals issued by the Public Defender as well as Amicus Curiae briefs submitted to common courts; observed trend in investigations of alleged hate crimes; significance of common courts as a mechanism for combating discrimination; also other activities carried out by the Equality Department.

The largest amount of 18% of cases being considered by the Public Defender concerns discrimination on the grounds of political or other views; this number is 3 % more than in previous report period. Cases of alleged discrimination on the grounds of religion also increased by 6 % and now constitutes 17%. Furthermore, 4 % rise was detected in the number of cases of alleged discrimination on the ground of nationality/ethnic origin, amounting 14% of applications in the reporting period. Similarly to the last year, cases of alleged discrimination on the grounds of sex comprise 10% of all applications. Conversely, the applications concerning alleged discrimination on the grounds of sexual orientation/gender identity and disability decreased by 3% and amounted 8% and 7%, respectively. The rest of the applications concern the facts of alleged discrimination on the grounds of age, race, trade union membership, health, property, etc.

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