On December 7, 2017, the Public Defender of Georgia addressed the Ministry of Education and Science of Georgia with a recommendation concerning indirect discrimination on the ground of health.

A student with special educational needs often had to change schools and classes due to his/her hyperactivity. This fact complicated both the process ofeducation and the process of adaptation. The child’s situation worsened due to the fact that no specialist had been permanently working with him/her. As a result, he/she damaged another child first and then tried to inflict self-injuries. No special teacher has been provided to the child even after the incident, which shows that his/her special needs have not been taken into account and he/she was artificially equaled with other students.

In the recommendation, the Public Defender explained that inclusive education represents not a good will of the state or school, but naturally derives from the essence of the universal constitutional right to education and the state's positive obligation. Thus, inclusive education should be regarded as a form of realization of the constitutional right to education, unlawful restriction on which automatically means violation of the right enshrined in the Constitution of Georgia.