With protocol No. 2/15/1802[1] of October 24, 2024, the Constitutional Court accepted the constitutional lawsuit[2] of the Public Defender, which concerns the restriction of the right to abortion for women victims of violence.

According to the disputed legislation, after 12 weeks, the mandatory basis for the artificial termination of pregnancy resulting from rape should be the guilty judgement issued by the court, which confirms that the pregnant woman was subjected to rape – a crime against her sexual freedom and inviolability.

The duration of the proceedings in the common courts usually exceeds not only the 22-week period allowed for abortion, exceptionally determined by the order of the Minister of Health,[3] but sometimes even the entire period of pregnancy. As a result, in most cases, it becomes impossible for women, who are victims of rape, to present a guilty judgement of the court for the purpose of artificial termination of pregnancy, in accordance with the exceptional rule.

According to the constitutional lawsuit, the legitimate purpose of the disputed regulation may be to reduce illegal abortions and, as a result, to protect women's health, however, the mentioned purpose could be achieved by means that are less restrictive and more tailored to the interests of abused women. Therefore, according to the Public Defender, the restriction established by the disputed norm violates the autonomy protected by the right to free development and inviolability of private life of female victims of sexual crime.

[1] Protocol No. 2/15/1802 of the Constitutional Court of October 24, 2024, available here: https://bit.ly/3ADbWmE.

[2] Public Defender's constitutional lawsuit of November 6, 2023 N1802, available at: https://bit.ly/48KjNvi.

[3] Appendix No. 5 approved by Order No. 01-74/N of the Minister of Labour, Health and Social Affairs of Georgia of October 7, 2014, "On the approval of the rules for the implementation of artificial termination of pregnancy".