A/HRC/44/43/Add.1
74.
As for the principle of equal pay for work of equal value, the monthly gender pay
gap comprises 35.2 per cent. The Working Group stresses the importance of adopting
measures to implement the principle in all sectors, as recommended by the Committee on
the Elimination of Discrimination against Women 17 and European Parliament Directive
2006/54/EC.
75.
The Working Group is encouraged by the steps taken by the Government to achieve
gender equality in recent years, and welcomes the leadership role played by the parliament
Gender Equality Council on amending the existing labour legislative regime or enacting
new laws, including on equal access to employment, terms of employment and equal
working conditions and remuneration in the public sector. It also welcomes Governmentled initiatives, such as the awarding by Enterprise Georgia of “plus points” to women
applicants in cases where all other job requirements are equally met. The Government
should consult the Working Group’s report on gender dimensions of the Guiding Principles
on Business and Human Rights (A/HRC/41/43), which provides guidance on how to
integrate a gender perspective throughout policies and decisions.
76.
As of December 2019, 43 companies had become signatories to the Women’s
Empowerment Principles, including the Georgian Chamber of Commerce and Industry,
making it one of the first chambers of commerce in the world to commit to the principles.18
77.
The Working Group also became aware of discrimination against the lesbian, gay,
bisexual, transgender and intersex community. The Government should promote the
lesbian, gay, bisexual, transgender and intersex standards of conduct for business,19 and take
proactive steps to eliminate discrimination based on sexual orientation or gender identity in
both the public and private sectors. The Government should also fully implement the
recommendations made by the Independent Expert on protection against violence and
discrimination based on sexual orientation and gender identity following his official visit in
2018 (A/HRC/41/45/Add.1).
VI. Access to effective remedies
78.
Courts are the bedrock of an effective mechanism of remedies in cases of businessrelated human rights abuses. The Working Group learned that judicial remedies were often
not effective in practice, including because of a low level of awareness among rightsholders about their rights, high costs of litigation, complex corporate structures, delays in
deciding cases, and practical obstacles in enforcing court orders.
79.
Another challenge in ensuring access to remedy was a low level of knowledge about
the Guiding Principles on Business and Human Rights among the judiciary. For example,
the High School of Justice, which provided training for judges and lawyers, did not include
training on international standards for responsible business conduct. The Government
should conduct an internal review of the effectiveness of judicial remedies in businessrelated human rights abuses and make systematic reforms in line with recommendations
made by the Accountability and Remedy Project of the Office of the United Nations High
Commissioner for Human Rights.
80.
The Working Group was informed that a mediation law for the resolution of disputes
with companies had entered into force on 1 January 2020. Although that law was a step in
the right direction, it was critical to ensure that the mediation process complemented access
to judicial remedies and complied with effectiveness criteria under principle 31 of the
Guiding Principles on Business and Human Rights, including by addressing power
imbalances between the parties.
81.
Access to information about corporate operations as well as the presence of an
independent civil society and trade unions are vital to facilitate access to remedies for
17
18
19
CEDAW/C/GEO/CO/4-5, para. 29 (b).
UN-Women Georgia, “Number of WEPs signatories in Georgia reaches 43”, 5 December 2019.
OHCHR, “Tackling discrimination against lesbian, gay, bi, trans, and intersex people: standards of
conduct for business”, November 2017.
15
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