A/HRC/42/34
18.
On 17 May 2019, the inter-agency coordinating council against torture and other
cruel, inhuman or degrading treatment or punishment 13 adopted a new National Action Plan
on Combating Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
for 2019–2020. OHCHR participated in the work of the Council and provided comments on
the draft Action Plan, most of which were accepted. Among other things, the Action Plan
requires video recordings made at the penitentiary establishments to be kept for a longer
period of time and for the compilation of statistics on allegations of ill-treatment of certain
vulnerable categories of individuals, such as persons with disabilities, to be improved.
D.
Combating discrimination
19.
In her submission to OHCHR, the Public Defender highlighted improvements in the
anti-discrimination legislation, namely the inclusion of harassment and sexual harassment
as forms of discrimination, in February 2019, and amendments adopted on 3 May 2019
strengthening the anti-discrimination mechanism in the private sector and extending the
term for filing complaints with national courts in alleged cases of discrimination. The
legislative changes broadened the mandate of the Public Defender and would more
generally enhance the effectiveness of the mechanism to fight against discrimination. 14
20.
At the same time, the Public Defender stressed that deeply rooted societal
stereotypes, negative perceptions and misconceptions persisted, reinforcing discrimination
against vulnerable groups. In 2018, her Office had considered 158 newly submitted cases of
alleged discrimination, with discrimination or incitement to discrimination established in 22
cases, while 63 cases had been terminated on various legal grounds. The largest share of the
complaints concerned alleged discrimination on the grounds of gender, religion, political or
different opinion, ethnicity, sexual orientation and gender identity, disability and
citizenship. Discrimination was most frequently alleged in the public sector and in the
context of pre-contractual and labour relationships. The Public Defender reported that the
most vulnerable groups in terms of realization of the right to equality remained women,
persons with disabilities and lesbian, gay, bisexual and transgender persons. Religious
minorities had also frequently had recourse to her Office regarding alleged hate crimes.
21.
As previously mentioned, the Independent Expert on protection against violence and
discrimination based on sexual orientation and gender identity visited Georgia during the
reporting period, from 25 September to 5 October 2018. In his end-of-mission statement, he
noted that virtually all conversations held during the visit had led him to presume that
physical and psychological violence and discrimination against lesbian, gay, bisexual and
transgender people were pervasive in Georgia. 15 In its submission to OHCHR, the
Women’s Initiatives Supporting Group stated that the number of cases of hate crimes
against lesbian, gay, bisexual, transgender, queer and intersex individuals, as documented
by non-governmental organizations, exceeded the official statistics by many times. The
Group noted that the Law on the Elimination of Domestic Violence, Protection and Support
of Victims of Domestic Violence did not consider an intimate partner to be a family
member and thereby failed to regulate violence committed by such partners. 16 It also noted
that transgender people could not change the gender marker on their identity documents
since the mechanism for legal recognition of gender identity was not regulated by law.
22.
In 2019, the lesbian, gay, bisexual and transgender community decided to cancel the
annual rally it had held in recent years on 17 May, on the occasion of the International Day
against Homophobia, Transphobia and Biphobia, as the Georgian Orthodox Church had
declared 17 May to be Sanctity of Family Day. Part of the community expressed interest in
13
14
15
16
6
Established under the Ministry of Justice.
The anti-discrimination mechanism has two tracks, with victims having the possibility to address their
complaint to the Public Defender’s Office or the Court.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23682&LangID=E.
According to the information provided by the Government of Georgia, intimate partners might be
considered to be family members if they shared a common household with the victim.
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