Public Defender Terms the Rule for Appointment of Allowance for Fighters for Territorial Integrity as Discriminatory
The Public Defender of Georgia has appealed to the Constitutional Court of Georgia against the provision of the Government’s Decree on Monetization of Social Allowances, according to which, part of fighters for territorial integrity, freedom and independence of Georgia will receive allowances only after reaching the retirement age.
According to the Government’s Decree No 4 on Monetization of Social Allowances issued on 11 January 2007, a subsidy worth GEL 22 was appointed for any person who had been fighting for the territorial integrity, independence and freedom of Georgia, which according to the amendments made to the Decree in 2009 and 2012 was maintained only for those who had reached the retirement age. The restriction applied only to those who applied for the subsidy after 5 November 2009.
As a result, as of today, part of fighters for territorial integrity, freedom and independence of Georgia receive the allowance regardless of their age, while others can get it only after reaching the retirement age.
According to the Public Defender, the mentioned restriction is discriminatory and contradicts the Constitution.
It should be noted that the Public Defender of Georgia has been requesting the abolition of this discriminatory rule for years. The issue has repeatedly been included in the Public Defender's parliamentary reports. The idea was also shared by the Parliament of Georgia and the Government was ordered to equalize the subsidies according to the Decree No 3148 of 19 July 2018. Despite the abovementioned, no finances are planned to be allocated in this direction in the draft budget 2019, which is why the Public Defender decided to appeal to the Constitutional Court.
The Public Defender of Georgia considers that the disputed provision of the Government’s Decree No 4 on Monetization of Social Allowances contradicts Article 14 of the Constitution of Georgia and violates the principle of equality before the law enshrined in the Constitution.
The Public Defender of Georgia will actively continue to protect the rights of military personnel and will use all legal means to achieve that her recommendations are implemented.