Public Defender Calls on Government to Eliminate Discrimination against Persons with Disabilities Employed in Public Sectors
On May 31, 2017, the Public Defender of Georgia addressed the Government of Georgia with a recommendation concerning establishment of discrimination against persons with moderate and significant disabilities on grounds of employment. The applicant’s interests were represented in the Public Defender's Office by the NGO - Human Rights Education and Monitoring Center.
Depending on Article 6 § 4 of the Government’s Resolution N279 on Determining Social Package (July 23, 2012), the social package cannot be enjoyed by persons with moderate and significant disabilities (except for persons with significant disabilities due to impaired sight), who carry out public activities, while the persons with the same disabilities employed in the private sector are able to benefit from the social package.
In the recommendation, the Public Defender explained that persons with one and the same disabilities employed in public and private sectors have equal needs due to the existing disabilities, and therefore, their interest to enjoy the social package is equal. Persons with moderate and significant disabilities (except for persons with significant disabilities due to impaired sight), who are in one and the same conditions, are treated differently, which is conditioned by the sphere of their employment, and the Government has not named the legitimate aim of the difference.
Taking into consideration the abovementioned, the Public Defender addressed the Government of Georgia with a recommendation to ensure that persons with moderate and significant disabilities employed in the public service can enjoy the social package envisaged by the Resolution N279.