The Public Defender of Georgia welcomes changes to the Decree of the Government of Georgia on Social Package, as a result of which persons with disabilities will no longer be restricted from receiving a social package during the implementation of public activities.[1]

The Public Defender established discrimination with regard to the above restriction in 2017[2] and issued a recommendation to the Government of Georgia to extend the right to use the social package provided for by law to persons with significant and moderate disabilities employed in the public service.

As the Government of Georgia did not implement the recommendation, the Public Defender filed a constitutional suit with the Constitutional Court of Georgia[3] on May 20, 2021, requesting that the disputed norm be declared unconstitutional in relation to Article 11 of the Constitution of Georgia (Right to equality). The Constitutional Court of Georgia accepted the Public Defender’s constitutional claim for consideration on its merits and the relevant hearings were scheduled for June 9-10, 2022. However, the hearings were postponed at the request of the respondent - the Government of Georgia. In a few days, it became known that the Government of Georgia implemented the recommendation of the Public Defender of Georgia and made changes to the decree.

The Public Defender welcomes the fact that the processes started in the Constitutional Court made it possible to eliminate direct discrimination against persons with disabilities in the field of employment.

[1] According to Decree No. 279 of the Government of Georgia of July 23, 2012, only persons with disabilities employed in the private sector had the right to enjoy the social package.

[2] Recommendation of the Public Defender of Georgia relating to direct discrimination against persons with significant and moderate disabilities in the field of employment (5.07.2017) https://bit.ly/3zF4Jjb

[3] Available at: <https://bit.ly/3OByxRP>